Presentation on theme: "The Principles of the United States Constitution"— Presentation transcript:
1 The Principles of the United States Constitution Mr. Korell
2 Background to 1787 Convention Articles of Confederation creates a toothless, ineffective national gov’tHigh debt, no power to tax or raise armyHamilton & Madison press for convention to repair “embarrassments which characterize the present state of our national affairs”Washington agrees to preside only after Shays’s RebellionHenry Knox’s letter scares states out of their complacency
3 Philadelphia Convention ‘87 Created between May 25 – Sept. 17, 1787Intense debate between men w/radically different viewpoints – lawyers, farmers, scientists, plantation ownersIssues: How to grant national Sovereignty AND respect State’s Rights; SLAVERYDelegates signed secrecy oathJefferson, Adams did not attend (out of country)Had no plan but knew what they didn’t wantRoger Sherman’s Great Compromise combined Virginia + New Jersey PlansStates ratify but demanded a bill of rights
5 Organization of Constitution PreambleList goals of the gov’t“We the People…”Seven ArticlesDivides gov’t powerCreated three branches: Executive (President), Legislative (Congress), Judicial (courts)Each Article divided in Sections + ClausesCan be changed with Amendment
6 Organization of the Branches ExecutivePresident, Vice-PresidentLegislativeCongress (535)House of Representatives (435)- POPULATIONSenate (100)- 2 PER STATEJudicialSupreme Court (9 justices)
7 Elements Protected by the Constitution Popular Sovereignty: the ability for a country to control its own affairsRepresentative Democracy: people elect leaders to make decisions for themLimited GovernmentFederalism – division of power between State & National GovernmentsConcurrent (Shared) Powers
8 Elements Protected by the Constitution Separation of PowersNo branch holds “too much” powerLegislative Branch makes the lawsExecutive Branch carries out the lawsJudicial Branch interprets the laws
9 Discussion on Branches of Gov’t QUESTION:How did the lack of a strong central government in the Articles affect the creation of the Constitution in 1788?
10 Executive Branch (President) Enforces laws made by CongressServes TWO 4-year- terms + can hold office for up to 10 years44 presidentsOnly “nationally” elected official
11 Qualifications + Duties 35 years oldNatural-born citizen living in the US for 14 yearsDuties have changed over 200 years- Constitution vague on this subject!
12 Duties of the President Administrative head of nationMakes important policy decisionsCommander-in-ChiefLeader of the military in times of warChief Legislator- vetoes/approves billsChief of StateMeets w/Congress during “State of the Union” or during wartimeChief of Party- becomes head of party
13 Roots of the OfficeColonists distrusted the King- Articles of Confederation neglected need for an executive.With the failure of the Articles, Framers saw need for an executive office that would be strong enough to govern, but not so strong that it could abuse power.Framers agreed that executive power should be vested in a single person to be called the president.
14 Terms of OfficeThe 22nd Amendment now limits presidents to two four-year terms or a total of 10 years in office.Changed after death of FDR- served almost 4 terms (12 years)
15 Removal (Impeachment) The president can be removed by CongressHouse conducts investigation and drafts Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.'Senate tries case with Chief Justice of Supreme Court presiding.If 2/3rds of the Senate votes for the Articles, the president is removed from office.
16 Only Two Presidents have Been Impeached… Andrew JohnsonBill Clinton…Neither were removed from office…
17 Succession 7 presidents have died in office or left early. Congress passed Presidential Succession Act of 1947 that stated order of succession if president died, fell ill, or left:Vice-President;Speaker of the House;President Pro Tempore, Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department
19 Evolution of the Office President’s role has changed greatlyMost of it not clearly definedThe Cabinet, War DeclarationsChanges most during times of crisisDepends upon large staffs to helpThe Cabinet15 specialized departments that advise the president (State, Defense, Treasury, etc.).Appointed by president, confirmed by SenateOffice of Management and Budget (OMB)National Security Council (NSC)
20 Closure How will Executive Branch adapt to current world events? Will the role of the president be the same 100 years from now?
21 Judicial Branch Supreme Court and other Federal Courts Preserves + protects rights guaranteed by the Bill of RightsConsiders cases involving national lawsDeclares laws and acts unconstitutionalUses Judicial Review & Precedent to render decisions
22 Supreme Court Facts1 Chief Justice, 8 Associate Justices w/lifetime statusSelected by president/confirmed by SenateSessions begin on 1st Monday in OctoberListens to arguments during 7 two-week sessionsCourt not required to hear every caseListens only to fraction of those receivedOn average, SC receives 7,500 “petitions for certiorari”; hears only
25 How Cases Get to the Court How do they get there?Original Jurisdiction (1-5 cases)Appellate Jurisdiction (the rest)
26 Deciding to Decide: Agenda Setting on the Court The ProcessPetitions and Amicus Curiae BriefsCert PoolDiscuss ListConference and the Rule of 4The Outcome:reject 98-99% of request for reviewA Problem:Why do Supreme Court justices make the case selection decisions that they do?
27 Important Court Cases Marbury vs. Madison (1803) Gave courts the right to decide whether laws are constitutional – process called “Judicial Review”Brown vs. Board of Education (1954)Made segregation in schools illegalPaved way for greater civil rights for blacksMiranda vs. Arizona (1966)Officers had to inform people of their rights at the time of their arrest
28 The Impact of the Court’s Decisions Judges: Will they comply or defy?Elected Actors/Interest Groups: Will they attempt to override?Implementers: Will they follow or ignore?Citizens: Will they move toward the Court’s position?
29 Court Building’s Architecture Photos of Supreme CourtThe Authority of LawEqual Justice Under LawThe Contemplation of Justice/Front ViewThe Supreme Court building with Authority of Law statueSupreme Court’s location to the Capitol