John Marshall John Marshall is considered one of the most influential Supreme Court Justices in American History.

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Presentation transcript:

John Marshall John Marshall is considered one of the most influential Supreme Court Justices in American History

The Constitution, an overview

The goals of the American Government

Article ILegislative Branch Article IIExecutive Branch Article IIIJudicial Branch Article IVRelations among the States Article VMethod of Amendment Article VINational Supremacy Article VIIRatification The Articles establish the function of the branches of Government The Articles establish the function of the branches of Government

RULE OF LAW

Prevents the rise of TYRANNY The plan for separation of powers used in the Constitution is call the Madisonian Model

John Marshall, secretary of state under Adams was to hand out commissions to people Adams had appointed to government positions to keep the government more federalist before Thomas Jefferson takes office. Marshall became chief justice of supreme court. This case showed power of Judicial branch to the government. Writ of mandamus

Writ of Mandamus An order issued by a court to force a government official to act.

Ought versus Shall WISH FULL THINKING Not what they should do, but what they must do.

Introducing an Amendment 2 METHODS 1. An amendment may be introduced by a two- thirds vote in the Senate and in the House of Reps. (All 27 have been intro. This way.) 2. Two-thirds of the state legislatures may request that Congress call a national amendment convention. Congress may then call one, and the convention may propose amendments to the states for ratification. (not very easy to do)

Ratifying amendments 2 METHODS 1. An amendment is ratified when three-fourths of the state legislatures vote in favor of ratification. ‘traditional’ and has been used 27 times 2. The states can call special conventions to ratify the amendment. If three-fourths of the states approve, the amendment is ratified. Amendment 21 was repealed the 18 th amendment in 1933 (made void)

Commerce Clause The section of the Constitution that grants Congress the power to regulate trade among the states and with foreign countries.

Informal amending of the Constitution Executive Agreements- agreements made between the president and foreign chiefs of state. Although these agreements are made w/out approval of Congress, they are legally binding. Judicial Review- The Supreme Court adapts or changes its interpretation of the Constitution in accordance with changing times Political Parties- provide the government with policy positions and political direction. Members of the three branches often base their decisions on the positions of the political parties of which they belong Presidential cabinet- An advisory group selected by the president to assist with decision making.

Bill of Rights Amendment I. Religion, speech, assembly, and politics Amendment II. Militia and the right to Bear Arms Amendment III. The Quartering of Soldiers Amendment IV. Searches and seizures Amendment V. Grand Juries, Self-incrimination, Double Jeopardy, Due Process, and Eminent Domain (no loss of life, liberty or private property without due process.) Amendment VI. Criminal Court Procedures (Speedy and public trials Amendment VII. Trial By Jury in Civil Cases Amendment VIII. Bail, Cruel and Unusual Punishment (slavery and involuntary servitude prohibited) Amendment IX. The Rights Retained by the People (Rights beyond bill of rights belong to the people) Amendment X. Reserved Powers of the States

Bill of Rights Amendment XI. Suits Against States (restriction of judicial powers Amendment XII. Election of the President (manner or doing so) Amendment XIII. Prohibition of Slavery Amendment XIV. Citizenship, Due Process, and equal Protection of the Laws. (citizenship and status defined) Amendment XV. Right to Vote Amendment XVI. Income Taxes Amendment XVII. The Popular Election of Senators (Two senators from each state elected by the people there in.) Amendment XVIII. Prohibition (prohibiting intoxication liquors) Amendment XIX. Woman’s Right to Vote

Bill of Rights Amendment XX. The Lame Duck Amendment (The terms of President and Vice President shall end at noon on the 20 th day of January. Senators and Reps at noon on the 3d day of January) Amendment XXI. The Repeal of Prohibition (repealed 18 th amendment) Amendment XXII. Limitation of Presidential Terms (no more then twice) Amendment XXIII. Presidential Electors for the District of Columbia. Amendment XXIV. The Anti-Poll Tax Amendment (The right of citizens of the US to vote in any primary or other election for Pres or Vice Pres, Senators or Reps in Congress.) Amendment XXV. A Presidential Disability and Vice Presidential Vacancies (Incase Pres. dies or something the Vice takes his place) Amendment XXVI. The Eighteen Year Old Veto (Right of citizens that are 18 or older to vote)