Presentation on theme: "Government, Chapter 3 The Constitution"— Presentation transcript:
1 Government, Chapter 3 The Constitution Learning Target: IWBAT analyze and categorize the diverse viewpoints presented by the Federalists and the Anti-federalists concerning ratification of the Constitution and inclusion of a Bill of Rights
2 FlashbackWhy did the founding fathers decide to write a constitution to replace The Articles of Confederation?
3 Structure and Principles Structure- only 7,000 wordsPreamble- introduction, why it was written.Articles-1- Legislative branch: Make Laws2- Executive branch: Carry out and enforce laws3- Judicial branch: Rule on Constitutionality of laws and actions
4 Structure Articles continued 4. Relationships between States 5. Amendments6. Supremacy clause- The Constitution, Laws passed by congress, and Treaties are “the supreme law of the land”.7. Ratification- 9 of 13 States needed.Amendments- 27 in all, first 10 are the Bill of Rights
5 Major Principles Constitution Based on these concepts Popular SovereigntyFederalismSeparation of PowersChecks and balancesJudicial Review- Marbury v. Madison 1803Limited Government
6 Section 2: 3 Branches of Government Legislative BranchHouse- The voice of the people.Expressed/enumerated powersArticle 1, section 8, pgsElastic clause- “necessary and proper” to carry out expressed powersMcCulloch v. Maryland, 1819, Implied powers
7 Checks and Balances Impeachment- House accusation of federal official Over ride of veto- 2/3rdsSenate confirmation of Presidential appointments
8 The Executive Branch A new branch developed Very vague powers initially10 specific powers listedCommander in ChiefPardonsAppointmentsTreaties
9 Presidency Now and Then No partiality in hiringQuit after 2 terms.Executive agreements used more often. No Congressional approval needed.
10 Judicial Branch Appears to be the weakest. Supreme Court set by Constitution.All lower courts set by CongressFederal and State courts each have their own jurisdiction.
11 Jurisdiction Who hears a case Supreme Court Original Jurisdiction U.S. LawsTreaties with foreign nationsInterpretations of the ConstitutionBankruptcy cases
12 Then and now Did not even have a building. Had to “ride circuit”, travel to hear cases when not in session.John Jay the 1st Chief JusticeMarbury v. Madison, 1803, elevated their status to equal among the three branches.
13 Section 3: Amending the Constitution Ratified, or approved, in a number of ways.Proposed by 2/3 of Congress and ratified by ¾ of State Legislatures of 27 amendments.Proposed by 2/3 Congress and ratified by ¾ State conventions. 1 time
14 Amending the Constitution Constitutional convention never used.Equal Rights Amendment- questions because states revoked their ratification.Congress decides which method the states use and time. Modern times is 7 years to ratify
15 Informal changesThrough Law- Laws can clarify or expand certain powers.Tax codes expanded ability to tax.Through PracticesImpeachment- Clarify what high crimes and misdemeanors are.
16 Informal Presidential Changes Presidential Succession25th amendment, 1967 officially set succession.Foreign Affairs- Executive agreement used more than treaties today.Domestic affairs- Legislation initiated by the President
17 Court Decisions Judicial Review Judicial restraint- Do not take the initiative.Judicial activism- court should play a role in shaping policyChief Justice Earl Warren, from , took on many controversial cases.
18 27 Amendments1st ten are the Bill of Rights1st- Freedom of Speech, religion, press, assemble, and petition (Appeal to Congress).Within limits- slander and libel2nd- Keep and bear arms3rd- Prohibits the quartering of soldiers in homes
19 Bill of Rights 4th- Search warrants, probable cause 5th- Grand jury, Double jeopardy, self incrimination, and eminent domain6th- Speedy trial, change of venue, and lawyer
20 Bill of Rights 7th- Jury trial 8th- excessive bail, excessive fine, and cruel and unusual punishment9th- All rights retained by the people.10th- States rights
21 Amendments Civil War Amendments- 13-15 Suffrage Amendments (The right to vote)- 15- African Americans, 17- Vote for Senators, 19- Women, 23- Washington DC, 24- Poll tax, and year olds
22 AssessmentExplain how the views of the Federalists and Anti- Federalists were included in the ConstitutionHonors: Do you believe that the 3 branches still have equally shared power? Explain your answer using examples from current events.Homework: Read short explanation about The Federalist papers: