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Ch 9 The Constitution: A More Perfect Union

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1 Ch 9 The Constitution: A More Perfect Union

2 I. Introduction A. Compromises B. Structure
1. Constitution has many compromises. 2. The most important one is creating a strong central government that does not threaten individual freedoms. B. Structure 1. Framers wanted the Constitution to be easy to read. 2. The Constitution is divided into sections called Articles (There are 7 articles.) 3. Each article is split into sections C. Framework 1. We can make amendments or changes to it. 2. The Constitution is a “living document” with the ability to change and grow.

3 II. The Preamble – The Introduction to the Constitution
A. Popular Sovereignty – the people rule and hold the final say in gov’t. The Preamble explains/outlines the reasons for writing the Constitution (lists the 6 goals of the new Gov’t.) 1. “form a more perfect Union” a) States and national government work together. (Gov’t has power to keep the country united) 2. “establish Justice” b) To be ruled by laws that are fair. (The court system) 3. “insure domestic Tranquility” c) Keep peace at home. (Law enforcement i.e. Police and FBI) 4. “provide for the common defense” d) Protect the nation and its people from foreign enemies. (Armed forces – President is Commander in chief of armed forces) 5. “promote the general Welfare” e) Support economy and help the well being of the people. (taxes i.e. schools, hospitals, police.)

4 III. Article 1 - The Legislative Branch – Makes Laws – A.K.A. Congress
6. “secure the Blessings of Liberty to ourselves and our Posterity” f) Protect rights and freedoms now and in future. (Voting and the Bill of Rights.) *Show schoolhouse rock Preamble* III. Article 1 - The Legislative Branch – Makes Laws – A.K.A. Congress A. Congress is made up of a bicameral legislature. 1. Bicameral – 2 law making parts (the Senate and the House of Representatives) a. Senate – Each state sends 2 senators - 6 yr term - 1/3 of senators are newly elected every 2 years - called the “upper house” - must be 30 years old - Must be a U.S. citizen for at least 9 years - elected by popular vote - Vice President = President of Senate and votes in a tie

5 b. House of Representatives – based on states population - 2 year term - Representation in the House is based on the states total population (435 total) - called the “lower house” - Must be 25 years old - Must be a U.S. citizen for at least 7 years - The House of Reps chooses the president if no Presidential candidate wins a majority of votes. - The Speaker of the House = the leader of the House and is chosen by representatives 2. Congress is required to meet at least once a year w/ over half of its members present: Begins at noon on Jan 3rd 3. Only Congress or Legislative Branch can declare war, make laws, and override a veto.

6 *HOW A BILL BECOMES A LAW Schoolhouse Rock*
4. Ex Post Facto = A law to punish a person for something that was not against the law when he/she did it. 5. Writ of Habeas Corpus = an order making a jailer show that a person is in jail for good reason B. How Congress Passes Laws 1. House or senate can submit a proposal for a new law – a bill 2. If a majority in the house votes in favor of the bill , it is sent to the other house for debate. 3. If both houses approve the bill, it goes to the President. 4. A bill becomes a law when it is approved by both house and senate and signed by the President. 5. The president can veto any proposed law. 6. Congress/L Branch can override the President’s veto by a 2/3 vote in both houses *HOW A BILL BECOMES A LAW Schoolhouse Rock*

7 IV. Article 2 – Executive Branch – Makes sure Laws are Enforced
A. Includes President, Vice President and Cabinet Members B. Electing the President/Chief Executive 1. A President can only….. a. Serve a 4 yr term b. May be re-elected only once and can serve 2 years on someone else’s term (Max # of years President can serve = 10 yrs) c. Must be born in the U.S. or born to U.S. citizens d. Must be 35 years old e. Has been living in the country for at least 14 years 2. The President’s line of succession is…. a. President, V.P., House Speaker, President Pro Temp of Senate

8 b. House of Reps brings the charges against the President.
C. Powers that belong to the Executive Branch 1. The President serves as Commander in Chief 2. Nominates/appoints ambassadors and Supreme Court Justices, and grants pardons to people convicted of violating national laws.   The President appoints members of the Cabinet… I.E. Secretary of State = Cabinet that deals with foreign nations 4. The Executive Branch has the power to veto laws D. Removing the president 1. Congress can remove the president if they commit certain crimes. a. impeachment = when a government official is accused of a crime b. House of Reps brings the charges against the President. c. The Senate serves as the jury and puts the president on trial. The Chief justice presides over the trial. (The V.P does NOT take over for the President during the trial.) d. If found guilty the president is removed from office (impeached).

9 V. Article 3 - The Judicial Branch – Interprets the law
A. The Constitution is “The Supreme Law of the Land.” 1. Protecting the Constitution is one of the responsibilities of the judicial branch. 2. The Judicial branch establishes the highest court in the country called the Supreme Court. B. The Powers of the Supreme Court 1. Supreme Court decisions are final. 2. The Supreme Court is made up of 9 justices 3. Supreme Court Justices are appointed by the President. 4. If they do not commit crimes and are not impeached, federal judges may keep their jobs for life. 5. The leader is called the chief justice 6. Every year the Supreme Court reviews only about 100 cases. a. The Supreme Court determines the Constitutionality of laws (“judicial review”) They can declare laws unconstitutional b. Due Process = Fair treatment (The courts can’t take away a person’s life or property w/o offering Due Process of Law)

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12 VI. Checks and Balances Between the Branches
- Checks and balances refers to a system that keeps one branch of government from gaining too much power. A. Checking the Power of Other Branches 1. “Checks” allow one branch to block the actions of another branch  B. Balancing the Power of Other Branches 1. “Balances” allow each branch of government to have some role in the actions and power of the other branches. 2. These checks and balances keep any one branch of the federal government from being too strong, one of the most important things of the American system of gov’t. *Checks and Balances Chart and Diagram 

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15 VII. Article 5 - The Amendment Process (the Constitution as a living document.)
A. Changing the Constitution 1. Amendments – changes that can be made to the Constitution (allow us to grow and change over time) a. Congress may propose an amendment to the constitution whenever two thirds (2/3) of both houses of Congress want it. b. An amendment becomes part of the Constitution when it is ratified by three fourths (3/4) of the states legislatures or conventions. c. an amendment becomes part of the constitution if approved by states w/in 7 years. d. When necessary, we can repeal amendments B. Amendments so Far (total = 27) 1. Out of 10,000 amendments proposed, only 27 have been approved. 2. The First 10 amendments are known as The Bill of Rights

16 3. Some states did not want to ratify (approve) the
3. Some states did not want to ratify (approve) the Constitution until the Bill of Rights was added The Bill of Rights guaranteed citizens’ personal freedoms

17 5. The other 17 amendments became part of the constitution one at a time. a. 13th/14th/15th Civil War amendments (slavery, citizenship and voting rights) - 13th = post civil war/Abolition of slavery - 14th = citizenship *(a U.S. citizen is someone who was born or naturalized here) - 15th = voting rights b. 18th amendment – Prohibition of alcohol (illegal) c. 19th amendment – Women given the right to vote - after World War I d. 20th amendment – Inauguration Day - noon on Jan 20th the President and V.P. term ends. e. 21st amendment – repeal of the 18th amendment - after 1933 this meant the making and selling of alcohol was legal for adults

18 f. 22nd amendment – length of term of President
- post World War II/President Franklin Roosevelt g. 25th amendment – Presidential Succession and choosing a new V.P. - the 60’s/President John F. Kennedy h. 26th amendment – Voting age lowered to 18 yrs old - the 60’s/Vietnam conflict VIII. The Federal System - shares the power between the national and state govt’s. There are 3 levels of Government – Federal, state and local A. Powers belonging to the National/Federal Gov’t. – Article 6

19 1. Declaring war and making treaties
2. Recognizing a new country’s government is only the right of the federal government. 3. Print and coin money B. Powers Belonging to the States – Article 4 1. The 10th amendment says powers not given to the U.S. by the Constitution and not forbidden to the states belongs to the states and the people. - The states keep any powers that are not given to the national gov’t. - I.E. schools, marriage, establishing local governments, owning property etc. 2. Full Faith and Credit Clause – the rights citizens have in their own states, they shall have in all states.

20 1. Federal and state governments share some powers
C. Shared Powers 1. Federal and state governments share some powers a. Both can raise taxes, build roads and borrow money. 2. Federalism – the sharing of power between federal gov’t. and state gov’t.  D. Article 6 – States that the Constitution is the Supreme Law of the Land 1. The Constitution and the laws from it are the “supreme law of the land.” a. A state’s constitution, laws and judicial decisions must agree with the Constitution b. They must also not conflict with any other federal laws or treaties.

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