Chapter 3 The Constitution

Section 1: A Blueprint for Government Drawing lessons from history, the Framers wrote a constitution that divided, limited, and balanced power among three branches of government.

Do Now What is the difference between “Separation of Powers” and “Balance of Powers”. In 3 sentences, explain your answer and give an example.

Learning Goals (students will learn…) Objectives Essential Question the 6 goals of the Constitution. the 6 principles of government in the Constitution. what popular sovereignty is. why the principle of judicial review is so powerful. How has the resiliency of the U.S. Constitution contributed to the strength of the gov’t it created?

Goals of the Constitution Form a more perfect union Strengthen state relationships & state to national relationships. Establish justice Reasonable, fair, & impartial laws. Ensure domestic tranquility Keep peace & maintain order Provide for the common defense Defend against foreign enemies Promote the general welfare States & citizens benefit militarily & economically. Secure the blessings of liberty Protect & preserve liberty.

Principles of the Constitution Popular Sovereignty The people establish government & are the sources of its power. Limited Government Gov’t. powers are restricted to protect individual rights. Rule of Law: Every member of society, including the ruler or gov’t., must obey the law & is never above it. Separation of Powers Power is divided among 3 branches to prevent concentration & abuse by any 1 branch.

Principles of the Constitution…cont’d. Checks & Balances Each branch can restrain some powers of the other 2. Veto: President rejects legislation Judicial Review Power to strike down laws & other gov’t actions as unconstitutional. Unconstitutional: Law or gov’t action that violates the Constitution. Federalism Rights of states protected by dividing power between state & nat’l. gov’t. Supremacy Clause: National laws & Constitution surpass state law.

Group Activity Small groups of 3 or 4. Each group is a task force assigned to design a new constitution. Come up with a list of six to twelve goals for the new constitution. Each group will read its list aloud. Write goals on board and eliminate duplicate or similar goals. Compare class goals with the 6 goals of the Constitution.

Exit Slip How does the executive branch check the legislative & judicial branches? How does the legislative branch check the executive & judicial branches? How does the judicial branch check the legislative & executive branches?

Sec. 2: An Enduring Document The Constitution is both a product of its time and a document for all time. It can be changed as society’s needs change.

Do Now If you could amend the Constitution what would be one thing you would change and explain why.

how Jefferson & Madison differed on amending the Constitution. Learning Goals Essential Question Objectives (Students will learn…) how Jefferson & Madison differed on amending the Constitution. why the Constitution could be called a document for all time. how the Constitution can be amended. What types of amendments have been added to the Constitution over the last 220 years.

TJ vs. Madison on Constitutional Changes Jeffersonian Constitution revised every generation or so. “The Earth belongs to the living, not to the dead.” Pro-Madison Laws are accepted more the longer they stay unchanged. Too many changes could divide nation into factions.

The Amendment Process Proposing an Amendment Ratifying an Amendment By Congress, with the approval of at least 2/3 (Supermajority) of the House & Senate. By delegates at a national convention called by Congress & requires 2/3 of state legislatures. Ratifying an Amendment Voted on by state legislatures. ¾ of all state legislatures must approve. Citizens elect delegates to a state convention. ¾ of these state conventions must approve. Repeal: Cancel or revoke a law by a legislative act. (18th) The Fate of Amendments 10,000 plus proposed amendments. 27/33 Ratified.

Exit Slip 1. ___________strongly believed that the Constitution should be regularly changed to meet the needs of the people. 2. The Framers made the _______ process difficult in order to prevent the passage of frivolous amendments. 3. Constitutional amendments may be proposed by a national convention or ____________________. 4. The passage of the _________ Amendment shows that once an amendment is ratified, it can later be repealed. 5. The ______ Amendment protects basic freedoms, such as freedom of religion, freedom of the press, and freedom of speech.

Group Activity Copy the chart below and list the four amendments you think are most important. Explain your choice. Amendment Importance

Sec. 3: Applying the Constitution The scope and impact of the Constitution have expanded as it has been put into practice, interpreted, and applied to new or changing social and political challenges.

Do Now What are some of the actions/powers the President has and what would be something you would do if you were president? Explain your answer in 2 sentences.

Learning Goals Essential Question Objectives (Students will learn…) how the three branches of government apply the Constitution. how political parties, customs, and traditions changed how the Constitution is applied. what criticisms some people have made of the Constitution. How can political parties affect judicial interpretation of the Constitution?

The Federal Government Applies the Constitution Legislative Action Congress passed laws that created “inferior” courts, and the executive agencies. Puts meat on the bones of the Constitution. Executive Implementation Create Executive Agreements with other world leaders. Agencies make rules for the country (135,000 pages) Judicial Interpretation Courts have upheld laws, such as laws that outlaw types of discrimination, as being constitutional.

Political Parties, Customs, and Traditions An organized group that seeks to win elections in order to influence the activities of gov’t. Customs & Traditions Popular ideas and heritage that carry over from one generation to the next. (President serving 2 terms) Cabinet: Group of advisors consisting of the heads of the executive departments.

Criticisms of the Constitution Gridlock Inability to govern effectively due to separation of powers. Representation Senate is undemocratic. Each voter in Alaska far more power than voter in California. Electoral College 538 people vote for the President based on popular vote in a state. Winner of popular vote doesn’t necessarily win. Winner-take-all Elections 2nd place candidates get no representation, critics want proportional representation.