The United States Constitution A framework for democracy

The Constitution The final product of the Constitutional Convention and a series of compromises made therein, the United States Constitution provides a template for the structure of our democratic nation.

Three Important Compromises The Constitution Three Important Compromises Great Compromise 3/5th’s Compromise Presidential/Executive Compromise (See the Constitutional Convention powerpoint for more information. WOW - the amazing logic and creativity of Mr. Johnston’s brain! Scary!! <shivers>

The Constitution Our Constitution was influenced by such events as the: The tyranny of King George III The failure of the Articles of Confederation The philosophy of John Locke

The Constitution An overview The first three articles of the Constitution established the three branches of our government Preamble Article I Legislative Branch Article II Executive Branch Article III Judicial Branch

The Constitution Preamble – Introduction to the Constitution, it explains the reasoning behind the creation of the document and the overall goal of the founders “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.”

Article I: Legislative Branch The Constitution Article I: Legislative Branch Who? Senate and House of Representatives Make our laws Appropriate Money Regulate Immigration Establish Post Offices and Roads Regulate Interstate Commerce and Transportation Declare War

The Constitution Congress divided: House of Representatives Senate

Article II: Executive Branch The Constitution Article II: Executive Branch Who?  The President of the United States Chief Executive Chief of State Chief Legislator Commander in Chief

Article III: Judicial Branch The Constitution Article III: Judicial Branch Who?  Supreme Court and Federal Courts Preserve and protect the rights guaranteed by the Constitution Considers cases involving national laws, settles disputes between the States Interprets the Constitution Declares laws and acts “unconstitutional”

Six Central Principals of the Constitution Federalism - National Central Government and State Government Popular Sovereignty - Representative government Limited Government - Prevents tyranny Separation of Powers - Limiting power by spreading it across all three of the branches Checks and Balances - Limiting power by dividing it against itself Judicial Review – Determining the constitutionality of government actions.

The Concept of: Federalism The Constitution The Concept of: Federalism The division of power between State and National Governments The National Government has the “supreme power” Ideally the federal system offers the advantage of national unity while allowing the states a measure of freedom to handle their own affairs

Constitution – Federal Government The Constitution Constitution – Federal Government There are powers granted to the Federal government impose taxes (income tax) declare war (Congress) There are restrictions on the Federal government no ex post facto laws no duties (taxes) on State exports

The Constitution Federal Powers Taxes Capital Commerce Patents Post Office Judiciary War Armies/Navy Capital Powers needed to carry out the aforementioned

Constitution – State Governments The Constitution Constitution – State Governments There are powers granted to state governments determine when Representatives elected powers not prohibited and not delegated to Federal There are restrictions on state governments can't enter into treaties can’t grant nobility

The Concept of: Popular Sovereignty The Constitution The Concept of: Popular Sovereignty The people hold the ultimate authority A representative democracy lets the people elect leaders to make decisions for them. Bob Casey Jr. (D) and Pat Toomey (R) are our elected officials in the Senate.

The Concept of: Limited Government The Constitution The Concept of: Limited Government Framers wanted to guard against tyranny Government is limited to the power given them in the Constitution. The Constitution tells how leaders who overstep their power can be removed

The Concept of: Separation of Powers The Constitution The Concept of: Separation of Powers No one holds “too much” power Legislative branch makes the laws Executive branch carries out the laws Judicial branch interprets the laws

The Concept of: Checks and Balances The Constitution The Concept of: Checks and Balances Prevents the abuse of power in government by spreading the power across the three branches Each branch can check each of the other branches

The Concept of: Judicial Review The Constitution The Concept of: Judicial Review The power to determine that acts of government are “constitutional” or “unconstitutional”. Not defined in the Constitution but the Framers’ intended for the Federal Courts and State Courts to have this power. In 1803, Marbury v. Madison established that the Federal Courts could determine the Constitutionality of Federal and State laws.

The Constitution Executive Checks Propose laws to Congress Veto laws made by Congress Negotiate foreign treaties Appoint federal judges Grant pardons to federal offenders

The Constitution Legislative Checks Override president’s veto Ratify treaties Confirm executive appointments Impeach federal officers and judges Create and dissolve lower federal courts

The Constitution Judicial Checks Declare executive acts unconstitutional Declare laws unconstitutional Declare acts of Congress unconstitutional The Supreme Court holds the final check

Flexibility in the Constitution The Constitution is a flexible document meaning that it can be changed. Flexibility is important because the document needs to be able to change to meet the times. The Amendment Process The Necessary and Proper Clause (aka the Elastic Clause)