1. The Constitution of the United States of America
Notes set up: (make into guided notes so can include charts, etc.)
Insert slide of philosophy (other ppt)
Document structure
Preamble
Article 1- Legislature (rules & checks)
VA vs NJ = Great Compromise
3/5th compromise
Article 2 – Executive (rules & checks)
Article 3 – Judicial (rules & checks)
Article 4 – states & federal power
Article 5 –amending clause
Article 6 – Constitution is the supreme law of the land
Article 7 – Ratification clause
Amendments
"The American Constitution is, so far asI can see, the most wonderful work ever struck off at a given time by the brain and purpose of man."
William Gladstone

2. Enlightenment & American Gov’t
Locke
( )
A gov’t’s power comes from the consent of the people
all people are born free & equal, with natural rights to life, liberty, and property
Declaration of Independence: The people have the right to abolish an oppressive gov’t and est. a new one
All men are endowed with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.
Voltaire
( )
 Free speech
 Bill of Rights: Provides protection for freedom of speech
Montesquieu
(1689 – 1755)
 Separation of powers
 Constitution: Provides the framework for a federal system of gov’t; powers are divided among the exec, leg, and jud branches of gov’t; includes a system of checks and balances
Rousseau
(1712 – 1778)
 Direct democracy
 Constitution: provides the framework for a democratic system of government

3. 4 Main Principles of the US Const.
Popular Sovereignty
Limited Government
Federalism
Separation of powers
Popular sovereignty = the people hold the ultimate authority
Limited gov’t = framers watned to guard against tyranny, gov’t is limited to what powers are given by the const., and gives instructurctions on how to remove someone from power if needed.
Federalism = the division of power b/w state and national govt (some powers are shared, the national govt has supreme power
Seperation of powers = 3 branches (leg makes laws, exec carries out laws, judiical interprets laws)

4. The Preamble:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

5. Video Break 

6. Article One: The Legislature A Bicameral Congress The House of Representatives and the Senate

7. Constitutional Convention Legislative Branch Plans
The Virginia Plan
Three branches of government
Bicameral legislature
Proportional (population) representation
“National Executive” and “National Judiciary”
The New Jersey Plan
Unicameral Congress
Equal representation for States of different sizes
Executive committee

8. House of Representatives
The Great Compromise
Senate
House of Representatives
Equal representation
Proportional representation
*Basically, this is the Virginia Plan but added the Senate from the New Jersey Plan…
Should enslaved persons be counted when apportioning representatives to the states??
Southern states view?
Northern states view?
Decision to use the proportion from the Articles and count each slave as 3/5th when counting the population of the state for representation.
3/5th Compromise
** passed by a single vote **

10. Powers of the Legislative Branch
Makes laws
Collect taxes
Appropriates money
Regulates immigration
Est. post offices & roads
Regulates interstate commerce (trade)
Declares war

11. Powers of the Legislative
Expressed Powers
Powers written in the Const.
Implied Powers
NOT written in the Const. but still exist.
Come from the ability of Congress to make any law that they deem “Necessary and Proper” (Elastic Clause)  to help fill in details that were not addressed by the express powers in the Const.
Congress has the expressed power to declare war, according to the Constitution. You need a army. Therefore, Congress has the implied power of drafting an army.
Sept 11th…
Expressed Powers (a.k.a. Enumerated Powers or Delegated Powers)
Powers written in the Const.
EX) Congress = power to declare war
EX) President = power to veto legislation
Implied Powers
NOT written in the Const. but still exist.
Come from the ability of Congress to make any law that they deem “Necessary and Proper” (Elastic Clause)  to help fill in details that were not addressed by the express powers in the Const.
EX) Congress = power to initiate a military draft. This is connected to the power that Congress has to declare war. In that expressed power it does not say how to carry out a war. This implied power provides the details.
Inherent powers
Powers that exist simply because we are a sovereign nation.
EX) our govt has the power to create laws and policies regarding immigration

12. Profile of the 114th Congress

16. Article II: The Executive Branch The President and the Federal Agencies

17. Powers of the Executive Branch
Enforces / carries out laws
Approves laws from Congress
Commander in Chief of armed forces
Appoints federal judges, ambassadors, and “high officials”
Negotiates foreign treaties

18. Article III: Judicial Branch
The Roberts Court, Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan.
Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

19. Powers of the Judicial Branch
Interpret the laws
Preserve and protect the rights guaranteed by the Const.
Reviews court cases to do the above
Declares laws of Congress and acts of the POTUS unconstitutional (judicial review)

21. Video Break 

23. Article IV: State & Federal Power
Federal System A federal government is one in which the powers of government are divided between a central government and several local governments. Yet some powers are shared between the two as well.

25. Write this on your Venn Diagram!!!
Reserved powers – saved for the states
Concurrent powers – shared b/w states and national

26. Article V: Amending clause
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;
Congress OR Conventions of States may propose a new amendment
Ratified by states OR ratified by conventions held of States

27. Ratification clause…would you ratify the Constitution?
Federalists vs. Antifederalists Debate
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
9 out of 13 states must ratified (approve) the Constitution for it to be official

28. Feared a strong central govt
Thought the Const. was enough to protect citizens’ rights
Agreed to the BoR as a compromise
Worried a list of rights might be seen as the ONLY rights people had
Thought the Const. needed a list of protected rights
Opposed the Const. as-is.
Believed citizens had rights that should be protected
Wanted the Const. to be approved as-is
Believed in American independence & freedom
Fed: B D H
Both: C G I
Anti: A E F

29. Article VIII: Amendments (Bill of Rights + other amendments (27 total)
Freedom of Speech, Religion, Press, Assembly & Petition
Right to Bear Arms
Prohibits Quartering of Soldiers
Protection against unreasonable Search and Seizure
Protects against the taking of life, liberty, or property without due process of law; protection against self-incrimination
Right to a defense lawyer, a Speedy Trial, right to hear charges, call witnesses, and be present when witnesses speak in court
Right to Trial by Jury
Protection against excessive bail & Cruel & Unusual Punishment
The rights expressed in the Const. are not a person’s only rights
Powers not given to the US are reserved for the states or people.
*** ONLY added to the Constitution as a deal to get the Antifederalists to ratify the document ***
Total of 27

30. #
Date
Purposed 11
1795
Removed cases in which a state was sued without its consent from the jurisdiction of the federal courts. 12
1804
Required presidential candidates to run on a “ticket” with their vice presidents. 13
1865
Abolished slavery 14
1868
Granted citizenship to all persons born or naturalized in the US; banned states from denying any person life, liberty, or property without due process of law; and banned states from denying any person equal protection under the law. 15
1870
Extended voting rights to African American males by outlawing denial of the right to vote on the basis of race, color, or previous condition of servitude. 16
1913
Empowered Congress to levy an income tax. 17
Provided for the election of US Senators by direct popular vote instead of by the state legislatures. 18
1919
Authorized Congress to prohibit the manufacture, sale, and transportation of liquor. 19
1920
Extended the right to vote to women 20
1933
Shortened the time between a presidential election and inauguration by designating January 20 as Inauguration Day; set January 3 as the date for the opening of a new Congress. (Lame Duck Amendment) 21
Repealed the 18th amendment and empowered Congress to regulate the liquor industry. 22
1951
Limited presidents to two full terms in office. 23
1961
Granted voters in the District of Columbia the right to vote for president and vice president. 24
1964
Forbade requiring the payment of a poll tax to vote in a federal election. 25
1967
Provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of vice president 26
1971
Extended the right to vote to 18-years-old. 27
1992
Banned Congress from increasing its members'’ salaries until after the next election.

31. Why is the government so slow sometimes?
Bureaucracy – non elected officials within a government that implement the rules, laws, ideas, and functions of the institution (govt administration) “Red Tape”