1. New Unit: CONSTITUTIONAL LAW

2. Term: PREAMBLE:
Opening statement of the Constitution that explains goals for this document.
“We the people of the United States……..”

3. I. There were 6 goals built into our Constitution
The 6 goals are as follows:

4. 1) FORM A MORE PERFECT UNION
Due to the Articles of Confederation U.S. was weak alliance of states.
GOAL: Create a strong stable government.

5. 2) ESTABLISH JUSTICE GOAL: Create fair and just laws.
Federal courts take this on by interpreting laws.

6. 3) Ensure Domestic Tranquility
GOAL: Keep peace here at home.
Police, FBI and National Guard take this on.

7. 4) PROVIDE FOR COMMON DEFENSE
GOAL: Create a National Army to protect our land and interests abroad

8. 5) PROMOTE GENERAL WELEFARE
GOAL: Help with our lives.
Examples: education, welfare, social security, roads, water, safety.

9. 6) SECURE THE BLESSINGS OF LIBERTY
GOAL: Protect liberty!!! (Bill of Rights)
Liberty: freedom

10. II. There were 5 Principals of the Constitution

11. 1.) PEOPLE RULE
Popular Sovereignty: People hold the final authority in Gov’t.
Const. is a contract between the people and the Gov’t.
People: elect reps (vote) and allow Gov’t to rule
Gov’t: provides for & protects citizens & their rights.

12. 2.) LIMITED GOV’T
Framers lived under tyranny from Brit. & the weak Articles of Confederation.
Constitution was a balance between the 2.
Have some Gov’t but not too much, but one that guarantees freedoms (Bill of Rights)

13. 3.) FEDERALISM
The division of powers between States and national Gov’t.
Federal: focuses on issues of country as a whole. Also acts as Supreme Law of the Land.
States: focuses on issues of that state alone.
*States are granted all powers NOT granted to Fed

14. 4) SEPARATION OF POWERS Have a 3 branch Gov’t
This prevents the abuse of power by 1 group or person. (at least it should as long as one party doesn’t take over all branches)

15. 5) CHECKS & BALANCES
Each branch of Gov’t can check or control the other 2 branches power.
Examples: Pres. can veto bill from congress. Congress can over ride his veto with 2/3 vote.

16. CHECKS & BALANCES OF CONGRESS
POWER
1) Can pass bills.
2) Appropriates $.
CHECK ON POWER
President can veto bills.
Supreme Court can rule a bill unconstitutional.

17. CHECKS & BALANCES OF THE PRESIDENT
POWER
Commander in chief of military.
Makes treaties
Veto bills
CHECKS ON POWER
Only congress can declare war.
Congress must ratify treaties.
Congress can override veto by 2/3 vote.
Sup. Ct. can declare act unconstitutional.

18. CHECKS & BALANCES OF THE SUPREME COURT
POWER
Life long term.
Interpret the Constitution.
Can declare laws unconstitutional.
CHECKS ON POWER
Congress can remove a judge.
Congress can create an amendment to the Const.

19. III. THE CONSTITUTION: A LIVING DOCUMENT
What do you think is meant by a “living document?”

20. A) HOW ARE AMENDMENTS ADDED
Amendment: a formal written change to the Constitution.
This is designed to be difficult & lengthy in order to prevent a lot of ill thought out Amendments.

21. 1) Proposing Amendments
HOW
2/3 of each house of Congress can vote to propose.
2/3 of state legislatures can demand Congress to summon a Nat. Convention.

22. 2) Ratifying an Amendment
HOW
3/4 of state legislatures OR 3/4 of states meeting in special conventions can approve an amendment
Since 1789 over 9,000 amendments have been introduced only 27 have been ratified.
Think of the huge responsibility of ratifying.
If ratified, it’s in the CONSTITUTION!!!

23. About Amendments
Amendments protect the rights you have since BIRTH. They do NOT grant rights.
Amendments also reflect change in our society. examples: End slavery. Voting for Women, African Americans, American Indians. Prohibition and its repeal.

24. The Constitution today.
The framers had the foresight to give the Const. the ability to adapt to change in the future

25. How did they do this?
Elastic Clause: power to make laws that are “necessary & proper” for the countries well being.
Elastic Clause stretches out power.
examples: Post office. Nat Bank, *some feel health care should be included.

26. Commerce Clause: Regulates trade with states and other countries.
* Example: T.V. goes between states. Electricity. Airlines. Waterways.

27. IV. OUR GOVERNMENT & THE BALANCE OF POWER
Our government is a 3 branch system, each with their own powers and responsibilities.
Legislative
Executive
Judicial

28. A. LEGISLATIVE BRANCH Also called Congress
House of Reps: has 435 members based on population
Senate: 100 members (2 per state)

29. Congress has 4 major powers
Introduce Bills: Bills are new laws
Appropriate $ for Bill: Example- military budget, highways, disaster relief
Appropriate: Setting aside $ for a specific purpose.

30. Example: Presidents Nixon and Clinton.
Committees: due to so many bills, committees become experts who study and make recommendations about a bill.
*Joint Committee: These Committees have members in both the House & Senate.
Impeach: Power to bring formal charges of wrongdoing against a federal official.
Example: Presidents Nixon and Clinton.
These JOINT committees are very important because both house and senate need to agree in order to send a bill to the President

31. EXECUTIVE BRANCH (President)
POWERS
Carry out Nations laws
Direct foreign policy
Suggests new laws or publicly objects to bills
Symbol of our Nation

32. Who helps the President?
Cabinet: Group of close advisors. There are 14 members who are heads of departments.
Example: Sec of Defense, Sec of Treasury, Sec of State, Sec of Homeland Security

33. C. JUDICIAL BRANCH (The Courts)
Cases start in a lower court, then can be APPEALED: asking a case to be reviewed by a higher court.
Eventually cases may reach the Supreme Court if test Constitution

34. TERMS
POCKET VETO: Bill gets sent to Pres from Congress and Pres doesn’t act on it. If congress adjourns with in 10 days the bill dies.

35. Writ of Habeas Corpus: Court order requiring Gov’t officials to bring person to court & explain why they are being held (A1S9C2).
*Prevents unlawful imprisonment.
*Suspended in times of rebellion or invasion.

36. Due Process of law: (AM5) An accused person is entitled to a fair hearing or trial.
Double Jeopardy: (AM5) A person can not be tried twice for the same crime.

37. Republic: A system of Gov’t where citizens rule themselves through elected officials.
Example: Rome

38. Democracy: A system of Gov’t where every citizen is an active member of the Gov’t. Each citizen helps create laws & has a direct say in their execution.
Example: Greece