Presentation on theme: "Chapter 3 – The Constitution"— Presentation transcript:
1Chapter 3 – The Constitution Section 1Structure and Principles
2Structure The Preamble sets forth the goals of the government. Provide stability and orderProtect citizensWhat is the Preamble?Why did the Founding Fathers want to provide stability?
3StructureThe seven articles, or divisions, of the Constitution govern a general topic. The articles are then broken down into sections.The first three articles create the three branches of government.The sections in each of the articles state what duties and powers each of the three branches has.
4StructureThe amendments provide for changes to the original document. Currently, there are 27 amendments.
5Major PrinciplesPopular sovereignty, or rule by the people is the cornerstone of the Constitution.Six major principlesPopular sovereigntyFederalismSeparation of PowersChecks and BalancesJudicial ReviewLimited GovernmentThe people need to support the government and have faith in it for success.
6Major PrinciplesFederalism, in which power is divided between national and state governments, is the government’s basic structure.The Founding Fathers wanted there to still be state governments that were responsible for local issues,.What are some aspects that the state controls?
7Major PrinciplesThe Constitution provides for separation of powers among the legislative, executive, and judicial branchesNo one branch can become too powerful.No branch can perform the duties of another branch.
8Major PrinciplesChecks and balances, the process by which each branch of government exercises some powers over the others, guarantees that no branch of government will become too powerful.The most powerful principle in the Constitution.Allows each branch to have some say over the other two.Examine chart pg. 66
10Major PrinciplesJudicial Review, or the power of the courts to overturn laws and actions of national, state, and local governments ensures that laws made by Congress and the states do not violate individual rights.Judicial Review is not stated in the Constitution. This power developed out of a Supreme Court case in The courts earned the power to examine laws passed and signed.
11Major PrinciplesLimited government, in which the Constitution limits the governments actions by specifying the powers it has and listing the powers it does not have. This retains for the people the right to govern themselves.The Constitution clearly states, “This is what the government can do and this is what the government cannot do.”
12JournalWhen your row is called, grab your text book from the shelf and open to page 65.Focus on separation of powers pg. 65Focus on limited government pg. 67
13JournalBoth federalism and the separation of powers divide the powers of government. Compare these two methods of dividing power.Separation of powers divides the national governments powers among the three branchesA limited government has its powers clearly defined.
14Chapter 3 – The Constitution Section 2Three Branches of Government
16The Legislative Branch The powers granted to Congress are expressed in Article I, Section 8. These are enumerated powers.Congress handles a far greater number of bills today than Congress did early in our nation’s history.
17The Executive BranchArticle II, Sections 2 and 3 describe the specific powers of the president.
18The Executive BranchThe Founders recognized the need for a strong executive and granted the president broad but vaguely described powers
19The Executive BranchThe presidency has changed greatly over the years, with modern presidents handling so many duties that their schedules are timed minute by minute.
20The Judicial BranchThe United States has two levels of courts, federal and state, each with its own jurisdiction.
21The Judicial BranchThe subject of the case and the parties involved determine the jurisdiction of federal courts.The modern federal court system dates from 1891.
22The Judicial BranchThe Supreme Court exercised important power from the nation’s earliest years by using judicial review.
23JournalWhen your row is called, grab your text book from the shelf and open to page 68.
24JournalWhy did the Founders establish a strong executive branch in the government?
25Shared Power and Conflict The executive and legislative branches must cooperate to produce effective policies, but some conflicts are inevitable.The expansion of presidential power has caused conflicts between the executive and legislative branches
26Shared Power and Conflict Congress has the power to limit judicial authority but has been reluctant to use it.The Supreme Court must depend on the president to carry out its decisions.
27JournalWhen your row is called, grab your text book from the shelf and open to page 73.
28JournalHow did the power of judicial review enable the judicial branch to gain an equal status with the other two branches of government?
29Chapter 3 – The Constitution Section 3Amending the Constitution
30The Amendment ProcessArticle V describes how Congress and the states can change the Constitution.
31The Amendment ProcessTwo methods for amending the Constitution are provided for, but only one has been used: Congress proposing amendments and the states ratifying them.
32The Amendment ProcessWhen Congress proposes an amendment, the states may ratify it by a three-fourths vote of their legislatures or of special ratifying conventions.
34The Amendment ProcessCongress decides how much time the states will have to ratify a proposed amendment.
35JournalWhen your row is called, grab your text book from the shelf and open to page 76.
36JournalHow did the laws and practices of Congress help to make the Constitution a “living document”?
37Informal ChangesCongress has passed laws that have changed or clarified many provisions of the Constitution.Congress has shaped the Constitution by using the powers granted to the legislative branch.Ex. impeach
38Informal Presidential Changes In 1841, Pres. W.H. Harrison died and Vice Pres. John Tyler became president automatically.
39Informal Presidential Changes In dealing with other nations, presidents use executive agreements that do not require the approval of Congress.Modern presidents have greatly strengthened the powers of their office by proposing their own legislative agendas to Congress.
40Court DecisionsThe Supreme Court uses judicial review to interpret the Constitution. The Supreme Court’s rulings can change to reflect the changing condition of the times.
41Changes Through Customs and Usage Political Parties are an example of customs that have informally changed the Constitution.
42Changes Through Customs and Usage Although political parties are not mentioned in the Constitution, they began to organize government and conduct elections. Today, they play a vital role in government.
43JournalWhen your row is called, grab your text book from the shelf and open to page 78.
44JournalDescribe the president’s changing role in developing legislation during modern times.
45Chapter 3 – The Constitution Section 4The Amendments
46The Bill of RightsThese ten amendments originally applied only to the federal government, but through a series of Supreme Court decision now apply to state governments also.
47The Bill of RightsThe First Amendment protects individuals’ right to worship, to speak freely, to assemble, and to petition and criticize government.
48The Bill of RightsThe Second Amendment ensures citizens’ right to own firearmsThe Third Amendment prohibits the government from forcing people to provide shelter for soldiers in their homes.
49The Bill of RightsThe Fourth Amendment protects individuals from unlawful searches and arrests without court warrants.
50The Bill of RightsThe Fifth Amendment protects people charted with a crime: a grand jury must indict them before trial. No one found innocent can be retried for the same crime. People cannot be forced to testify against themselves. No one can be deprived of life, liberty, or property without due process of law.
51The Bill of RightsThe Sixth Amendment guarantees accused person the right to know the charges against them, a defense attorney, a speedy jury trial, and the right to question all witnesses and compel them to testify.
52The Bill of RightsThe Seventh Amendment provides individuals the right to a trial by jury to settle property disputes, though a judge may try the case if both parties agree.
53The Bill of RightsThe Eighth Amendment prohibits excessive bail and fines, and bars cruel and unusual punishment for crimes.The Ninth Amendment states that all powers not spelled out in the Constitution are retained by the people
54The Bill of RightsThe Tenth Amendment says that all powers not given to the national government or denied to the states belong to the states or the people.
55JournalWhen your row is called, grab your text book from the shelf and open to page 84.
56JournalHow does the due process clause in the Fifth Amendment protect individuals?
57Other AmendmentsThe Eleventh Amendment prohibits a state from being sued in federal court by citizens of another state.The Twelfth Amendment provides that the Electoral College shall cast separate ballots for president and vice president.
58Other AmendmentsThe Thirteenth, Fourteenth, and Fifteenth Amendments outlawed slavery, prohibited depriving anyone of life, liberty, or property without “due process of law,” and prohibited denying the right to vote based on race.
59Other AmendmentsThe later amendments, Sixteen through Twenty-seven deal with a wide range of topics reflecting change in modern times.
60JournalWhen your row is called, grab your text book from the shelf and open to page 87.
61Journal“The Bill of Rights protected citizens’ rights, but some of the later amendments extended citizens’ rights.” Do you agree or disagree with this statement? Explain your reasons.