THE U.S. CONSTITUTION 8 th Grade American History -- Landry, Freeman & Klimczyk last edited – November 2012

WHAT IS A CONSTITUTION? A constitution is a plan of government. It is a blueprint that shows how the government will be organized.

The constitution was written in Philadelphia in It was a great experiment in self- government.

The new U.S. Constitution created a federal system of government with three branches—legislative, executive, and judicial. The powers of each branch are separated and each branch checks and balances the other.

The Constitution created citizens of the U.S. and a government in which the people choose their political leaders. The government promised to protect the personal freedoms of its citizens.

The U.S. Constitution is a living document- it can be adapted to meet the changing needs of the country as time progresses.

THE PREAMBLE

The Preamble… The PREAMBLE is the introduction to the Constitution. It states the fundamental principle upon which the U.S. government is based—the right to self-government.

GOALS OF THE GOVERNMENT AS LISTED IN THE PREAMBLE To form a more perfect union— bring unity to the states.

Establish justice—treat citizens equally.

Insure domestic tranquility— keep peace among people within the country.

Provide for the common defense—protect the country from attack.

Promote the general welfare— guarantee the well-being of the people.

Secure the blessings of liberty for ourselves and our posterity— guarantee basic rights for us and for future generations.

Articles of the Constitution

ARTICLE I Creates the Legislative branch of the government. known as The Congress. The U.S. Congress is BICAMERAL, meaning it has 2 houses (chambers) The Senate and the House of Representatives.

THE U.S. SENATE The Upper house 2 members per state Must be at least 30 years old 6-year terms

U.S. HOUSE OF REPRESENTATIVES The Lower house Currently 435 members (based on population) Must be at least 25 years old 2-year terms

PRIMARY FUNCTIONS OF THE CONGRESS Make the nation’s laws Control government spending (appropriations)

The Congress also monitors the executive branch—it can impeach and remove federal officials… House of Representatives can impeach (brings charges against) the President & The Senate tries (holds the trial) for removal.

Congress can ratify (approve) treaties negotiated by the executive…

…and confirm presidential appointments. Sec. of Homeland Security – Janet Napolitano Sec. of State – Hilary Rodham Clinton Sec. of Defense – Leon Panetta

Most of the work of Congress is done through committees.

…I’m just a bill sitting on Capitol Hill. All bills originate in the Congress and must be passed by both houses and signed by the president to become law. The President can sign the bill or he can say no -- veto

NECESSARY AND PROPER CLAUSE Clause (a statement) that gives Congress the power to make all laws that are “necessary and proper” to carry out the powers expressly delegated to it by the Constitution. The necessary and proper clause is sometimes called the ELASTIC CLAUSE because it allows the Constitution to stretch according to the needs of the times.

Most importantly, members of Congress are responsible for representing the interests of their CONSTITUENTS-(the people who elected them…us!).

POINTS TO PONDER… What disagreements might arise over the interpretation of the clause that says Congress has the power to make all laws necessary and proper for fulfilling its responsibilities as outlined in the Constitution?

ARTICLE II Creates the Executive branch made up of the president, vice- president, executive offices, and departments. The President appoints Cabinet members to head his executive offices. Their titles begin with Secretary of…

THE PRESIDENT SERVES AS… CHIEF EXECUTIVE- carries out the nation’s laws CHIEF DIPLOMAT- directs foreign policy, appoints ambassadors, negotiates treaties. COMMANDER-IN-CHIEF—in charge of the military CHIEF OF STATE— symbolic representative of all Americans LEGISLATIVE LEADER— proposes laws to Congress and sees that they are passed.

To be Elected President… Must be at least 35 years old Must be a natural born citizen Must have lived in the U.S. for the past 14 years. Once elected.. Serve for 4 years & only 2 terms

The Vice President’s Job… The Vice President’s main duty is to serve as leader of the Senate. The Vice President only votes to break a tie between the 100 Senators.

Executive Branch Departments The President’s Cabinet The tradition of the Cabinet dates back to the beginnings of the Presidency itself. One of the principal purposes of the Cabinet is to advise the President on any subject he may require advice. The Cabinet includes the Vice President and the Secretaries of 15 executive departments.

ARTICLE III Creates the Judicial branch and includes the Supreme Court and all lower courts.

TYPES OF COURTS DISTRICT COURTS—hear criminal and civil cases that come under federal authority. APPEALS COURTS—review district court decisions when requested by the losing side; the appeals court can overturn the verdict or order a new trial. And…

SUPREME COURT— the highest court in the United States 9 Justices, including one Chief Justice, They serve for life. They review cases that they agree to hear that are appealed from the lower courts. The Supreme Court issues rulings and opinions Supreme CourtChief Justice John Roberts

2011 Current Justices Chief Justice – John Roberts – 2005 Antonin Scalia– 1986 Anthony Kennedy – 1988 Clarence Thomas – 1991 Ruth Bader Ginsberg – 1993 Stephen Breyer – 1994 Samuel Alito Sonia Sotomayor – 2009 Elena Kagan

JUDICIAL REVIEW The Supreme Court’s power is to examine laws and examine actions of local, state, and national governments and to cancel the laws or actions if they violate the Constitution.

The power of judicial review was given to the court in the 1803 case of Marbury v. Madison. John Marshall was the Chief Justice that established Judicial Review.

ARTICLE IV Explains the relationship of the states to one another and to the national government.

This article requires each state to give citizens of other states the same rights as its own citizens It addresses admitting new states and guarantees that the national government will protect the states.

POINTS TO PONDER… What are the advantages and disadvantages of having federal judges appointed, not elected? What role, if any, should public opinion play in the Supreme Court deciding a controversial case? It has been argued that the Supreme Court is the least democratic branch of our federal government. What arguments can you give for and against this position?

ARTICLE V Spells out the ways that the Constitution can be amended, or changed. The Bill of Rights was included as a set of 10. A total of 27 Amendments have been added since 1788.

ARTICLE VI Contains the “supremacy clause” recognizes the Constitution and federal laws as supreme when in conflict with those of the states.

ARTICLE VII Addresses ratification declares that the constitution would take effect after it was ratified by 9 of the 13 states.

Bill of Rights The Constitution was ratified without the Bill of Rights in But, the Bill of Rights (first 10 amendments) was added to the Constitution in /3rds of both the House & Senate must approve an amendment, THEN, 3/4ths of the 50 state legislatures. Then it is added to the Constitution. 27 Amendments have been added from 1791 to 1992

E Pluribus Unum… … from many, one!