1. The CONSTITUTION
CHAPTER 3

2. Lesson 1: Structure & Principles of the Constitution
ESSENTIAL QUESTION:
How does the U.S. Constitution structure government and divide power between the national and state governments?
Content Vocabulary:
Article, amendment

3. Structure of the Constitution
Central government with LIMITED POWERS
Divided between 3 (THREE) BRANCHES
Legislative, Executive, and Judicial
Power divided between Federal Government and State Governments (Federalism)
3 SECTIONS:
PREAMBLE (6 Major Goals)
ARTICLES (7 Main Articles)
AMENDMENTS (27 Amendments)

4. The articles of the constitution

5. The articles of the constitution

6. The articles of the constitution

7. The articles of the constitution

8. The articles of the constitution

9. Principles of the U.s. constitution
The Constitution rests on six major principles of government:
popular sovereignty
Federalism
separation of powers
checks and balances
judicial review
limited government

10. Major principles of the u.s. constitution

11. Lesson 2: the three branches of government
ESSENTIAL QUESTION:
How does the U.S. Constitution structure government and divide power between the national and state governments?
Content Vocabulary:
Enumerated powers, elastic clause, jurisdiction, judicial review

12. Lesson 2: the three branches of government
Article I of the Constitution created a legislature of two houses: the Senate and the House
The House of Representatives is the voice of the people, chosen by popular vote. (Based on state’s population)
The Senate represents the broad interests of entire states with senators being originally chosen by their state legislatures. ( th Amendment – popular election of Senators)

13. Primary source
While the Constitution was being drafted and approved, Thomas Jefferson was in Paris, serving as U.S. Minister to France. In December of 1787, he wrote a letter to James Madison expressing his opinions about the draft of the Constitution he had received. “I like the organization of the government into Legislative, Judiciary & Executive. I like the power given the Legislature to levy taxes, and for that reason solely approve of the greater house being chosen by the people directly. For tho' I think a house chosen by them will be very illy qualified to legislate for the Union, for foreign nations &c. yet this evil does not weigh against the good of preserving inviolate the fundamental principle that the people are not to be taxed but by representatives chosen immediately by themselves.”                                                      —Letter from Thomas Jefferson, 1787
Why does Thomas Jefferson think that the members of the House of Representatives should be directly elected by the people?

14. Legislative branch
The Founders expected Congress to become the most important branch of the national government.
Because they feared the abuse of power that they experienced with the British Parliament, the Founders gave Congress expressed powers, or powers directly stated in the Constitution.

15. Enumerated and expressed powers
Most of the expressed powers of Congress are called enumerated powers because they are numbered 1–18.
The enumerated powers deal with…
economic legislation.
defense.
naturalizing citizens.
establishing post offices.
securing patents and copyrights.
establishing courts.
governing the District of Columbia.

16. Enumerated and expressed powers
The final enumerated power, the so-called elastic clause, gives Congress the right to make all laws “necessary and proper” to carry out the powers expressed in the other clauses of Article I.
It is called the elastic clause because it lets Congress “stretch” its power to meet situations the Founders could never have anticipated.
McCulloch v. Maryland – about Congress’s power to create a national bank. Is it constitutional?

17. Role of the Executive branch
The president is the head of the executive branch. The Founders recognized the need for a strong executive to carry out the acts of Congress.
The Constitution grants the president broad, but vaguely described powers. The exact meaning of the president’s power in specific situations is open to interpretation.
Currently there are 15 Executive Departments
Includes other federal agencies such as Environmental Protection Agency (EPA) and National Aeronautics and Space Administration (NASA).

18. Powers of the president
Sections 2 and 3 of Article II define some presidential powers. The president...
is commander in chief of the armed forces and the National Guard.
appoints–with the Senate’s consent–heads of executive departments.
may pardon people convicted of federal crimes, except in cases of impeachment, or reduce a person’s jail sentence or fine.
makes treaties with the advice and consent of the Senate.

19. Presidential powers (cont.)
delivers an annual State of the Union message to Congress.
calls Congress into special session when necessary.
meets with heads of state, ambassadors, and other foreign officials.
commissions all military officers of the United States.
ensures that the laws Congress passes are “faithfully executed.”
appoints ambassadors, federal judges, and other top officials, with Senate consent.

20. Judicial branch
If judged by the length of Article III, the judicial branch appears to be the weakest of the branches of government.
The Framers were not concerned about the power of the justices, allowing them to hold office for life.
The Constitution created the federal court system, which hears cases about the U.S. Constitution, federal law, foreign treaties, international law, admiralty and maritime law, and bankruptcies.

21. Judicial branch & jurisdiction of federal courts
If judged by the length of Article III, the judicial branch appears to be the weakest of the branches of government.
The Framers were not concerned about the power of the justices, allowing them to hold office for life.
The Constitution created the federal court system, which hears cases about the U.S. Constitution, federal law, foreign treaties, international law, admiralty and maritime law, and bankruptcies.
Every court has the authority to hear only certain kinds of cases. This authority is known as the jurisdiction of the court.

22. Judicial branch & judicial review
The power to declare laws unconstitutional, known as judicial review, was established in the case of Marbury v. Madison (1803).
Judicial review elevated the Supreme Court to a status balancing the powers of the other branches.
When it rules on constitutional issues, the Supreme Court cannot be overturned except by a constitutional amendment.

23. Political cartoon – judicial review
Make a list of what you see. (Objects, people, quotes)
What do you think is the cartoonist’s message?

24. Checks and balances

25. Lesson 3: amendments ESSENTIAL QUESTION: Content Vocabulary:
Why and how has the U.S. Constitution been amended and interpreted throughout our history?
Content Vocabulary:
Convention, repeal, incorporation doctrine, militia, probable cause, eminent domain, impeach

26. Amending the constitution
The Founders created a Constitution that could be adapted to a future they could not foresee.
There are two steps to amending the Constitution:
An amendment must first be proposed
Then it must be ratified, or approved.
In addition to deciding which ratification method will be used, Congress decides how much time the states will have to ratify an amendment.
Congress has set the limit at seven (7) years

28. Bill of rights
Protects individual rights by limiting government powers.
Applies to federal, state, and local governments through the incorporation doctrine, an interpretation on the Constitution that means the due process clause of the Fourteenth (14th) Amendment requires state and local governments to guarantee their citizens the rights stated in the Bill of Rights.
Amendments 1-10 are known as the Bill of Rights

29. Bill of rights
1st Amendment – RAPPS (freedom of religion, assembly, press, petition, and speech)
Free Exercise Clause – right to worship or have no religion
Establishment Clause – separation of church and state
2nd Amendment – right to keep and bear arms
militias – local group of armed citizens
3rd Amendment – Prohibits the government from forcing people to provide shelter for soldiers in their homes
4th Amendment – Right to privacy
No unreasonable searches and seizures (probable cause)

30. Bill of rights (cont.) 5th Amendment – FOUR Protections:
1) No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial
2) A person found innocent cannot be tried again for the same offense (Double Jeopardy)
3) No one may be forced to testify against himself or herself
4) No one can be deprived of life, liberty, or property without due process of the law.
Also defines the government’s right to eminent domain – the power to take private property for public use.

31. Bill of rights (cont.)
6th Amendment – Rights of those accused of crimes
Right to speedy trial
Public trial by an impartial jury
Right to know charges against you
7th Amendment – Right to a jury trial in federal courts to settle all disputes about property worth more than $20. (Lawsuits - civil)
8th Amendment – Prohibits excessive bail; Prohibits excessive fines; Bans “cruel and unusual punishment” for crimes
9th Amendment – Rights “retained by the people”
10th Amendment – “Powers not delegated to the United States…nor prohibited…to the States, are reserved to the States respectively, or to the people.”

32. Later Amendments
11th Amendment – Prohibits a state from being sued in federal court by citizens of another state or of another nation. Chisholm v. Georgia (1793)
12th Amendment (1804) – calls for the Electoral College to use separate ballots in voting for president and vice president
17th Amendment (1913) – the people elect U.S. senators directly
20th Amendment (1933) – new dates for president and vice president inaugurations – January 20 – and when Congress begins its term – January 3.
22nd Amendment (1951) – limits presidents to only two elected terms
25th Amendment (1967) – presidential succession
27th Amendment (1992) – makes congressional pay raises effective during the term following their passage.

33. Extensions of government power
16th Amendment (1913) – gave Congress the power to levy individual income taxes.
18th Amendment (1919) – prohibited the manufacture, sale, or transport of alcoholic beverages.
21st Amendment (1933) – repeals, or revokes, the 18th Amendment

34. Extensions of individual rights
Civil War Amendments:
13th Amendment (1865) – outlaws slavery; 14th Amendment (1868) – prohibits a state from depriving a person of life, liberty, or property without “due process of law”; 15th Amendment (1870) – prohibits the government from denying a person’s right to vote on the basis of race.
23rd Amendment (1961) – gives the District of Columbia three presidential electors
24th Amendment (1964) – prohibits poll taxes in federal elections
26th Amendment (1971) – lowers the voting age in federal and state elections to 18.

35. Changes to our understanding of the constitution
Under the Constitution, the House may impeach, or accuse, federal officials, while it is up to the Senate to determine the accused person’s guilt or innocence. 
Congress has investigated more than 60 people on impeachment charges, including three presidents–Andrew Johnson, Richard Nixon, and Bill Clinton.
Modern presidents usually conduct foreign affairs by executive agreement, instead of using the treaty process specified in the Constitution.
While a treaty is an agreement between nations, an executive agreement is made directly between the president and the head of state of another country.

36. Changes to our understanding of the constitution
The most important device the Court uses to interpret the Constitution is judicial review.
Wisconsin v. Yoder (1972) – freedom of religion case involving Amish children
Plessy v. Ferguson (1896) – allowed for separate but equal facilities
Brown v. Board of Education (1954) – ruled separate but equal doctrine unconstitutional
Along with amendment process, Supreme Court interpretations and adaptation have allowed Constitution to remain intact since 1787.

37. Lesson 4: State constitutions and local charters
ESSENTIAL QUESTION:
How do state constitutions and local charters structure government and protect individual rights?
Content Vocabulary:
Supremacy clause

38. The structures of state governments
How does the structure of state governments compare to the federal government?