U.S. CONSTITUTION

ORGANIZATION PREAMBLE 7 ARTICLES AMENDMENTS INTRODUCTION (GOALS) 1 THROUGH 10 = “BILL OF RIGHTS” 11 THROUGH 27

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Video – Organization of the Constitution http://www.youtube.com/watch?v=TYETfIwu7D4

7 ARTICLES ARTICLE I - LEGISLATIVE BRANCH ARTICLE II - EXECUTIVE BRANCH ARTICLE III - JUDICIAL BRANCH ARTICLE IV - STATES/FEDERAL GOVT ARTICLE V - AMENDING CONST. ARTICLE VI - PUBLIC DEBTS ARTICLE VII - RATIFICATION PROCESS

Powers Vested In the Constitution Expressed(Enumerated) Powers Powers Specifically mentioned in Constitution (Articles 1-7) Elastic Clause – “Implied Powers” “Necessary and Proper Clause” Allows Congress to “Stretch” it’s Powers Concurrent Powers Powers Shared By Both Federal and State Governments Reserved Powers – 10th amendment – States Denied Powers – Habeus Corpus, Bills of Attainder, Ex Post Facto Laws, Titles of Nobility

Elastic Clause Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

Major Principles Section 1-9 The Constitution rests on six major principles of government:  popular sovereignty  federalism  separation of powers  checks and balances  judicial review  limited government Click the mouse button or press the Space Bar to display the information.

Federalism Section 1-11 The Constitution created a federal system of government.  Under federalism, power is divided between national and state governments.  Federalism gives the United States a flexible system of government under which the national government has the power to act for the country as a whole, and states have power over many local matters.  The Founders chose federalism because it formed a strong union without giving all of the power to the central government. Click the mouse button or press the Space Bar to display the information.

Separation of Powers Section 1-12 Under separation of powers, the Constitution limits the central government by dividing power among the legislative, executive, and judicial branches. By Separating the Powers – it ultimately LIMITS the power of the government! This separation helps prevent any branch from gaining too much power. Click the mouse button or press the Space Bar to display the information.

Limited Government Section 1-17 The principle of limited government means that the Constitution limits the actions of government by specifically listing powers it does and does not have.  The first 10 amendments set specific limits in the areas of freedom of expression, personal security, and fair trials. Click the mouse button or press the Space Bar to display the information.

LO 2.2 Back to learning objectives LO 3.1 Here is the list of times that branches actually checked the other branches—notice how infrequent they are use. Discuss with students that it is usually the threat of the check that can work. Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

Presidential Vetos http://www.infoplease.com/ipa/A0801767.html

LO 2.2 Back to learning objectives LO 3.1 This chart shows each branch’s check on the other branches. Discuss with students how the judiciary has fewer checks and balances than the others—does it make it less powerful? Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

CQ 03-03

Judicial Review and the “Guardians of the Constitution” LO 2 Judicial Review and the “Guardians of the Constitution” LO 2.3 Show how the use of judicial review strengthens the courts in a separation of powers system. LO 3.1 LO 2.3 Judicial Review Origins of Judicial Review Federalists supported judicial review Marbury v.Madison (1803) Judiciary becomes the guardian Judicial review is the power to strike down a law or a government regulation that judges believe conflicts with the Constitution. The judiciary did not claim this power until years after the Constitution had been adopted. The document itself does not assign the power of interpreting its meaning, but Federalists generally supported a strong role for the courts and favored judicial review. In 1803, the Supreme Court gave itself judicial review in a landmark decision. Adams and the Federalists “packed” the judiciary which angered Jefferson as he took office. Marbury never received his commission and sued. The Judiciary Act of 1789 had given the Supreme Court the power to direct other officials to perform a duty. Marshall ruled that the Act was unconstitutional because Congress could not give power to another branch. Thus Marbury didn’t get his judgeship—which Jefferson wanted—but the Court got the power to say something is unconstitutional, which Jefferson had to agree with or he had to let Marbury have his position. Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

Why Has The Constitution Survived for So Long? It’s Simple Not Too Specific Very Broad Language - Interpreted Many Ways Flexible - Provides for an amendment process that is difficult but manageable

Do We Need A Change? Constitution is 220 Years Old! In 1787, 3.93 million population in 2007, 315+ million population Nuclear Weapons, Pollution, Poverty

Is The Constitution Outdated? Arguments in Favor: Can it solve Today’s Problems? Need Strong Gov. Anti-Majority Sentiment

Arguments In Support Allows for Flexibility/Adaptation Development of different agencies to serve will of the people Serves as a basic “symbol” “If it’s not broke, don’t fix it” U.S. has become #1 in the World under the present Constitution

WHAT IS CONSTITUTIONALISM? CONSTITUTION IS THE HIGHEST LAW CAN A COUNTRY HAVE A CONSTITUTION AND NOT PRACTICE CONSTITUTIONALISM?

Section 3 How Do We “Amend” It? Proposed in either House - 2/3 vote Or 2/3 State legislatures Request National Convention (Never Occurred)

LO 2.4 Back to learning objectives LO 3.1 This maps out the ways that amendments can be proposed or ratified. Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

Section 3-8

LO 2.4 Back to learning objectives LO 3.1 This table shows how the amending power has been used. Note that amendments have been categorized into five types of changes. Discuss with students whether these amendments resulted in stronger or weaker federal government. Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

Ratification Process Amendment Ratified by 3/4 State Legislatures (38 states within 7 years) Special Ratifying Convention Called by the States Used Only Once - 21st Amendment Very Costly and Time Consuming!

LO 2.4 Back to learning objectives LO 3.1 When discussing ratification with students, use this chart to demonstrate how long it can take for an amendment to be ratified. The text uses the story of the Equal Rights Amendment to demonstrate how politics can play a role in whether an amendment is ratified. Discuss with students that the 27th amendment took 203 years to ratify—amendments generally now have time limits on them. Back to learning objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

Other Ways To Change Constitution Judicial Decisions “Separate but Equal” ruled Unconstitutional Action By Congress Regulation of Commerce Civil Rights Act of 1964 Action By President War Powers Executive Orders Executive Privilege – Nixon vs United States

Other Ways To Change It Political Parties Customs and Traditions FDR “Pack the Court Scheme” 2 terms for President Question: What Will Be the 28th Amendment???

Why Only 27 Amendments? Long and Difficult Process Need Large Approval of Lawmakers Strong Public Opinion Needed to Persuade the Legislators