Chapter 3: The Constitution Jacobs 2013

3.1 The Six Basic Principles Learning Targets: Outline the important elements of the Constitution List the six basic principles of the Constitution Why it matters: The Constitution is a brief, straightforward document that has guided American government for over 200 years. Its authors wrote it based on the principle that political power resides with the people, that the National Government should be limited, and that there should be three branches to limit the power of anyone of those three branches.

Outline of Constitution Basic framework on the structure and procedures of our government The Constitution is brief (7000 words) Page 758 in your book This document has lasted over 224 years and counting! It is strong because it is basic, organized, and short!

Short vs. Long Constitutions Write the answers to these questions down in note form as we answer them as a class. What are benefits of short constitutions? What are the downsides of short constitutions? What about the benefits and downsides of long constitutions? The longest constitution of any nation is that of India. It has 444 articles in 22 parts, 118 amendments and is 117,369 words in its English translation. The US Constitution has 7 articles and 27 amendments and 7000 words.

Parts of the Constitution Preamble: this is the introduction of the document outlining the purposes of the US Government. Articles: the seven numbered sections that detail the structure and procedure of the US Government

Structure of the Constitution

Look at the chart you just copied Look at the chart you just copied. How do the first three articles differ from those that follow?

Six Basic Principles There are 6 ideas explicitly built into the US Constitution: Popular sovereignty Limited government Separation of powers Checks and balances Judicial review Federalism

Descriptions of Basic Principles Popular sovereignty: the people are the source of any and all government power and the government can exist only with the consent of the governed. Limited government: government is restricted in what it may do, and each individual has rights that government cannot take away Separation of powers: principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government

Descriptions of Basic Principles continued Checks and balances: the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. Judicial review: the power of a court to determine the constitutionality of governmental action. Federalism: system of government in which the powers of government are divided between a central government and several local governments

Breaking it down Popular sovereignty means the National (and local) Government gets it power from the people of the US and the people of the US have given the government power using the Constitution Limited government means that the government can only do what the people allow them to do and the government must obey the law (much of this comes from clear prohibitions: see Article I, Section 9/10; Amendments 1-10, 14-15, 19, 24, and 26) Constitutionalism: government must be conducted according to constitutional principles

Breaking it down continued Separation of powers means that the framers did not one branch to become all-powerful so they split powers between branches Article I, Section 1 details legislative powers Article II section 1 details executive powers of the President Article III section 1 details powers of the Supreme Court and inferior courts Checks and balances serve as constitutional restraints to ensure one branch does not over power the other two. Veto- the power of the executive to reject the will of the legislature Cheeks and balances diagram and activity

Recent Checks in the News Certain positions in the executive branch are appointed by the President (like the head of the CIA, or the Chair of the Fed) Because Congress approves this appointment, the President often has to find someone strong, not overly partisan, and usually someone fairly well-known The Chairman on of the Fed will be leaving office soon and the POTUS has a list of people that he would like to have the job Why a list? Why effect does it have on the relationship between the branches when the President and the majority in Congress are from the same party? Larry Summers withdraws as candidate for Chairman of Fed

Breaking it down one last time Judicial review- the power of a court to determine the constitutionality of governmental action (i.e. laws, policies) Unconstitutional- a law or policy determined to be illegal, and void by the a court This power is held by federal courts and by most State courts Marbury v. Madison (1803)- important court case that set the precedent for the idea of judicial review. (more info in Ch. 18) Federalism- division of power among a central government and several local/regional governments Essential in avoiding a overly strong central government that would take away the rights of the States

Quick Quiz 1. Article II of the Constitution establishes the powers of the (a) executive branch. (b) legislative branch. (c) States. (d) judicial branch. 2. The principle of popular sovereignty asserts that the (a) government should be divided into three branches. (b) monarch is the supreme ruler. (c) means of production should be owned by the proletariat. (d) people are the source of any and all government power.

Quiz yourself at home (3.1) PHSchool.com Use the code mqa-1031 www.quizlet.com (Get the app, it is virtual flashcards with matching games etc. to help you know terms and ideas)

3.2 Formal Amendment Learning Targets: Identify the four ways to formally change the Constitution Explain the formal amendment process and how it illustrates popular sovereignty and federalism Identify and explain the 27 Amendments to the US Constitution Identify and explain the historical significance of the Bill of Rights Why it Matters The Framers of the Constitution realized that, inevitably, changes would have to be made in the document they wrote. Article V provides for the process of formal amendment. To this point, 27 amendments have been added to the Constitution.

Why has the Constitution lasted so long? When the Constitution was written the population of the US was 4 million (about the size of Colorado today) Our population is well over 300 million now and we have 37 more States in the union The Constitution has lasted because of the ability to fix it and create amendments

Formal Amendment Process Amendment- a change in, or addition to, a constitution or law Article V in the Constitution sets out two methods for the proposal of an amendment and two methods for the ratification of constitutional amendments Formal amendment- changes or additions that become part of the written language of the Constitution itself.

Social Media-Is it Private? Social media makes the First and Fourth Amendment a little trickier. If you are putting private information out for you friends and everyone to see, should it be covered by the Constitution? Is it private information or not? http://www.cnn.com/2013/09/14/us/california-schools-monitor-social-media/index.html