Unit 2: Power, Authority & Sovereignty The US Constitution

Seating Arrangement Find your desk based on the card you were given. L12 A1D4H8M13 B2E5I9N14 C3F6J10O15 G7K11P16

Bellringer – now 2.Before Constitution 5.King’s Charters 6.Articles of Confederation Match the dates and documents to the systems of government. A B C

Today We Will … Objectives Explore principles of a republican form of government using Federalist #10 and the US Constitution. Compare systems of government and Constitutional principles of the AP6. Agenda Review Fed. #10 Quiz – Ch. 2 Articles of the Constitution Closure Comparative Systems & Constitutions FRQ Activity

Madison’s Federalist #10 Explained that a faction would soon gain control, substituting its own interest for the national interest. A large republic, with a multiplicity of interests, makes it unlikely that a majority faction will form.

Why a large republic… Provides a bigger candidate pool from which to select fit leaders. Less likely to select undesirable leaders than is a small electorate. A larger territory will include a greater diversity of interests than will a smaller territory. A majority faction is therefore unlikely to emerge in a large territory.

QUIZ WILSON CH. 2 Use your homework Tell how long it took to complete WILSON CH. 2

THE CONSTITUTION Articles I-III

Requirements and selections for each – Senators – Representatives – President – SC Justices Powers for each Branch – Legislative – Executive – Judicial Checks and Balances - handout What’s Important

Constitution: Article I HOUSE: Representation based on population, (Virginia Plan) – 25 years old – Resident of state – Serves two-year term – Elected by people – American citizen for seven years – 435 members TOTAL

Constitution: Article I SENATE: 2 Senators per state, chosen by state legislature – 30 years old – 9 years citizen – Resident of state – Serve six-year term, every 2 yrs 1/3 run for reelection (classes) – 100 members TOTAL

Constitution: Article I Powers of Congress: – Make bills which become laws ($ from House) – 67% vote from Congress can override a Presidential Veto – Explicit: Taxation, Bankruptcy, Copyrights/Patents, Declare War, Borrow Money, Armed Forces, Lending, Roads, Immigration, Post Offices

Constitution Article I Powers forbidden to Congress – Slave trade – abolished in 1808 – No Titles can be granted Powers forbidden to States – No Treaties/ individual money making – No import/ export taxes can be made – No foreign relations or war powers

Article 1 is the longest article in the Constitution. – Does this mean that the Legislative branch is the strongest out of the three? Is our system of checks and balances legit? Check for Understanding

Constitution: Article II President must be – 35 years old – Natural born citizen of the US – 14 year resident – Maximum two terms - 22 nd Amendment 1951 – Elected head of government- Chief Executive- President – Salary $400,000 a year plus travel, expense accounts, etc.

Constitution: Article II Executive Branch: Enforces the laws – Domestic Policy – Approves legislation and enforces through the departments – Has a Cabinet of Advisors that meet weekly - 15 BUT new departments proposed by CongressCabinet of Advisors – Grant Reprieves and Pardons – Address Congress on the state of the union – Check: President can appeal to the public (9 min)President can appeal to the public

Executive Foreign Policy – As a civilian, he/she is in charge of the military (although Congress declares war) – Commission officers in the armed forces – Appoints Ambassadors- Senate approves & Receives ambassadors – Makes treaties which take effect if the Senate agrees- approves

Check for Understanding Why would it be important to democracy to have a civilian in charge of the military?

Constitution: Article III Nine Judges, Chief Justice at the head Appointed for life with good behavior By the President and Approved by Senate

Constitution: Article III Judicial Branch: Interprets Laws – Federal and State Courts will exist – Supreme Court- Handles Actual CasesHandles Actual Cases Appellate: Hearing an appeals case Original: Ambassadors, States – Treason: what is treason? – Trial by Jury if requested

Check for understanding Why do you think the founders decided on a life term for SC justices?

THE CONSTITUTION Articles IV, V, VI, VIII

Constitution: Article IV Concerning the States – Full Faith and Credit: Marriages – Privileges & Immunities – Extradition: Cannot leave a state to avoid trial, “Fugitive Slave” – Creation of new states – U.S. Property (federal lands) – All states are guaranteed a republican (Representative) form of government, protection against invasion & domestic violence

Constitution: Article V On the bottom of the handout, write a script that explains how the formal amendment process works.

Constitution: Article VI Assumption of Federal debts Supremacy of Federal laws and treaties – All public officials take an oath to support the Constitution NO religious tests as qualification

Ratification - 9/13 state conventions Ratified in 1788 Constitution: Article VII

Liberties defined in the Constitution Writ of Habeas Corpus Bill of Attainder Expost facto Trial by jury in criminal cases State Privileges and immunities No religious tests State cannot pass a law impairing the obligation of contracts

FEDERALISTS ARGUED THAT THERE WERE ENOUGH PROTECTIONS OF LIBERTY IN THE CONSTITUTION How does the constitution limit government? Was it necessary to include a bill of rights?

Closure Limited Government – identify and analyze 3 examples Representation – identify and analyze 3 examples – Direct representation is done by the people through elections to enact their will. Indirect representation is where the people's will is interpreted by elected officials and they vote the way they feel the people wish.

The Constitution limits governments How does the Constitution limit government? – Republican principles Larger electorate Diversity of interests – Representation Expands over time – Popular sovereignty – Checks and Balances / Separation of Powers

COMPARATIVE Constitutions

Federal vs. Unitary Federal Mexico Russia Nigeria Unitary Iran UK China

Comparative Constitutions Mexico (1917) Three branches of Government Russia (1993) Mixed Presidential & Parliamentary system with a strong executive Nigeria(1999) 4 th Republic, Presidential Democracy Iran: (1979) Islamic Republic- mixture of theocracy & democracy China (1982) One-party state, democratic centralism The Constitution defines Authority (the right to rule) & Organization of the State.

United Kingdom: “Constitution” “uncodified”- British “Constitution” is a mix of statutory law (acts of Parliament), common law, convention, and authoritative interpretations. (Not “unwritten constitution”) Constitutional monarchy: head of state ascends by heredity but is limited in powers and constrained by the provisions of a constitution. Parliamentary sovereignty: the legislature has the power to make or overturn any law and permits no veto or judicial review. – Parliamentary Democracy: Chief Executive is answerable to the legislature and may be dismissed by it. Blend of Exec & Legislative branches.

Iran: Organization of the State Islamic constitution drawn up by Assembly of Religious Experts after 1979 revolution – Amended 1989 by Council for the Revision of the Constitution – Preamble affirms the importance of religion for the legitimacy of the state Belief in God, Qur’an, Prophet Muhammad, Twelve Imams, return of Hidden Imam Faith in Khomeini’s doctrine, “Jurist Guardianship”, gives clergy authority over the Shia community Declares that laws, institutions, state organizations must conform to “divine principles”

Iran’s Theocracy Iran’s political system is unique – Mixes theocracy and democracy Religious clergy fill powerful political positions High officials are directly elected 012/02/ html

China Constitution is mainly ideological 1982 Constitution: The Country is under “the leadership of the Communist Party of China” “Socialist state under the people’s democratic dictatorship” “Disruption of the socialist system by any organization or individual is prohibited” – People enjoy democratic rights and privileges under CCP guidance, BUT CCP has authority to exercise dictatorship over any person or organization -->DEMOCRATIC CENTRALISM

Check for Understanding Which democracy has the most in common with the US republic? Which democracy is the most different?

FRQ Activity

Supreme Court Case Brief 1.Fletch v Peck (1810) 2.McCulloch v Maryland (1819) 3.Gibbons v Ogden 4.NLRB v Jones & Laughlin steel (1937) 5.Wickard v Filburn (1942) 6.Heart of Atlanta Motel v United States (1964) 7.South Dakota v Dole (1987) 8.United States v Lopez (1995) 9.Print v US (1997) 10.US v Morrison (2000) 11.Gonzalez v Raich (2005)

Homework Finish Constitution Packet & Federalism A Questions Constitution Quiz next block