Creating the Constitution

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Presentation transcript:

Creating the Constitution Chapter 26, section 3 The supreme law of the land

The Goals of our Government The framers of our Constitution stated six goals: To Form a More Perfect Union: Their main concern was the unite the 13 separate states under an effective national government. To Establish Justice: We have a legal system that seeks fair ways to settle disputes between individuals, between individuals and the government, between states, and between the national and state governments. To Insure Domestic Tranquility: Our government tries to establish a peaceful society in which people are protected from the unlawful acts of others.

The Goals of our Government To Provide for the Common Defense: Our government seeks to protect citizens from attacks by other countries. To Promote the General Welfare: Our government tries to create conditions that will benefit all Americans. To Secure the Blessings of Liberty to Ourselves and Our Posterity: Our government seeks to give people the freedom to choose where they work, where they live, what they believe, and who shall represent them in government. However, our liberty as Americans does not leave us free to do whatever we want. Our actions should not interfere with the rights of others.

Quick Write Which goal of government pledges to protect our basic freedoms? Answer: to secure the blessings of liberty to ourselves and our posterity

The Articles Following the Preamble, the Framers laid our the plan for our government. This plan is organized into seven parts called articles. The articles are divided into subsections called clauses.

Article 1: The Legislative Branch Article 1 describes the organization and powers of the national legislature, called the Congress of the United States. Congress is divided into two houses: the House of Representatives and the Senate The most important power of Congress is to make laws. A proposed law, called a bill, must gain a majority vote in both houses of Congress before it goes to the President for approval. If the President signs the bill, it becomes a law.

Article 1: Legislative Branch The President may veto, or reject, the bill. However, Congress has the final word. A vetoed bill can still become a law if Congress votes on it again, with two-thirds of the members of each house approving it. How a bill becomes a law video.

Article 2: The Executive Branch The powers of the legislative branch are shared by hundreds of members o Congress. The Framers gave the power of the executive branch, however, to one person– the President. By establishing the office of President, they created something very new in the world: a leader who has some of the strengths of a monarch, but whose authority is based on the consent of the people.

Article 3: The Judicial Branch Although each state had its own courts, the Framers wanted a national court system to settle disputes between the states. The Framers agreed that neither Congress nor the President should control the national courts. Thus the President nominates judges, but the Senate must approve the nominations. Once appointed, judges may serve for life as long as they demonstrate “good behavior.”

Article 3: The Judicial Branch One of the most important contributions of the Framers was the creation of the Supreme Court. This court has the final say in all cases involving the Constitution. Important cases on which lower courts disagree can be appealed to the Supreme Court for a final decision, thus ensuring that legal issues affecting the nation will not be left unsettled.

Article 4: The States To ensure that the rights of the states are respected, each state must honor the laws of other states. For example, a New York marriage license is valid in any other state. Requiring states to respect one another’s laws helps preserve each state’s rights and reduces the possibility of conflict between states.

Article 5: Amending the Constitution The Framers knew that future Americans might want to change the Constitution. Therefore, they included in the Constitution instructions for making amendments, or changes. To ensure that each change reflects the will of the people, three fourths of the states must approve an amendment.

Article 6: The Supremacy of the Constitution Because both state and national governments may pass laws, the Framers wanted to avoid any uncertainty about which laws take priority. Therefore, article 6 requires officials in state and national governments to take an oath to support the Constitution as “the supreme law of the land.” No state law can violate the Constitution. Also, if a state law conflicts with a federal-or national- law, the federal law takes priority.

Article 7: Ratification The last article of the Constitution establishes the procedure for ratification, or approval, of the Constitution.

Limited Government The Constitution creates a government with powers limited by the consent of the people. It is based on the idea of popular sovereignty- allowing people to rule. The three main principles limit the government’s power: federalism, separation of powers, and checks and balances.

Federalism The Constitution establishes the principle of federalism, the division of power between the states and the federal, or national, government. Under federalism, some powers belong only to the national government, some powers belong only to the states, and some are shared by both. Concurrent powers are powers shared by the federal and state governments. Reserved powers are powers that the Constitution neither gives to Congress nor denies to the states.

Separation of Powers Under the Constitution, power is not only divided between the state and federal governments; it is also divided within the federal government. The Framers wanted to prevent the abuse of power which led colonies to fight for independence from Great Britain. Dividing power among the executive, legislative, and judicial branches helps prevent any one branch from abusing its power.

Checks and Balances The Constitution protects against abuse of power in the federal government through checks and balances. The system of checks and balances gives each branch of government ways to limit the powers of the other two.