Government, Chapter 3 The Constitution

Structure and Principles The Constitution is only 7,000 words Preamble- introduction, why it was written. Articles- The first three articles describe the three branches of government 1- Legislative branch: Makes Laws 2- Executive branch: Carries out and enforce laws 3- Judicial branch: Rules on Constitutionality of laws and actions https://www.youtube.com/watch?v=0EfnNUt_nwY

Structure Articles continued 4. Relationships between States 5. Amendments We’ll watch some videos of some of the more important amendments and discuss them in Section 4 Amendments 1, 2, 13, 14, 15, 18(and 21), 19, 24, and 26 6. Supremacy clause- The Constitution, laws passed by congress, and treaties are “the supreme law of the land”. 7. Ratification- 9 of 13 States needed to make the Constitution official

Quick Look of the Structure of the Constitution 1- Legislative branch: Makes Laws 2- Executive branch: Carries out and enforce laws 3- Judicial branch: Rules on Constitutionality of laws and actions 4. Relationships between States 5. Amendments 6. Supremacy clause 7. Ratification- 9 of 13 States needed. https://www.youtube.com/watch?v=GiahGIKTl00

Structure Amendments- Additions and changes to the Constitution 27 in all, first 10 are the Bill of Rights

Major Principles of the Constitution Constitution Based on these concepts Popular Sovereignty Federalism Separation of Powers Checks and balances Judicial Review- Marbury v. Madison 1803 Limited Government In groups, you will first define your term You will then create a skit to portray your term to the class

Major Principles of the Constitution

Section 2: The 3 Branches of Government

The Legislative Branch

The 3 Branches of Government Legislative Branch House- The voice of the people Main responsibility is to pass laws Expressed/enumerated powers Powers directly stated in the constitution Coin money Borrow money Declare war Elastic clause- “Necessary and Proper Clause” A.K.A. implied powers Lets Congress stretch powers to meet situations the Founders could not anticipate Just a Bill: https://www.youtube.com/watch?v=FFroMQlKiag

Checks and Balances of the Legislative Branch Checks and Balances – each of the branches holds powers that limit the powers of the other branches Checks of the legislative branch: Impeachment- House accusation of federal official Over ride of veto- 2/3rds Senate confirmation of Presidential appointments Nah. https://www.youtube.com/watch?v=aB0BYIOkvBI

The Executive Branch

The Executive Branch Article II on purpose Some vague powers Why? Some vague powers “The executive Power shall be vested in a President of the United States of America” Though its not specifically mentioned in the Constitution, a president can: Fire officials in the executive branch Make agreements with foreign nations Take emergency action to save the nation There are also 10 specific powers listed, which include: Commander in Chief Pardons Appointments Treaties (with Senate’s consent) SNL Executive Order: https://www.youtube.com/watch?v=JUDSeb2zHQ0 Snowden: https://www.youtube.com/watch?v=QlSAiI3xMh4

Presidency Now and Then Early presidents would not recognize the office today Then: Tea parties and open doors Now: Schedules by the minute, fleet of helicopters and airplanes Tradition to quit after 2 terms The 22nd amendment made this official Executive agreements used more often. International agreements with other countries Not a treaty, so Congressional approval is not needed. Elvis: https://www.youtube.com/watch?v=o9x3Z6b0Z1g White House jumper: https://www.youtube.com/watch?v=yYHPOxz83BY Obama helicopter: https://www.youtube.com/watch?v=Np7lObaDiBk

The Judicial Branch

Judicial Branch Appears to be the weakest 9 justices Main job is to interpret the constitution and determine if laws are constitutional (allowed) Supreme Court is the highest court of the land There are federal courts and state courts at lower levels The Supreme Court is the final say

Jurisdiction Jurisdiction – the official power to make legal decisions and judgements Original Jurisdiction – The Supreme Court hears a case for the first time U.S. Laws Treaties with foreign nations Interpretations of the Constitution Bankruptcy cases Appellate Jurisdiction – The Supreme Court reviews a case that has been appealed in a lower court Federal court rulings State court rulings

The Supreme Court Then and Now Back then: Did not even have a building Had to “ride circuit”, travel to hear cases when not in session. John Jay the 1st Chief Justice Marbury v. Madison, 1803, elevated their status to equal among the three branches. Nowadays: They have their own building (1935) They hear about 80 cases a year (hand selected) They rule on about 50 more without a hearing

Class Activity The class will be made up into 3 Branches Executive We will have a quick election that does not reflect how elections are actually run in the United States Judicial The president will appoint 3 Supreme Court Justices The Senate will approve or deny these appointments Legislative The rest of the class will be the Senate You will make a new law that the class will have to follow next class Checks and Balances The other branches will perform their duties in order to pass or deny the law from being passed

Section 3: Amending the Constitution

Announcements/ Agenda Covering Chapter 3, section 3 today. Projects Due next class. We will present in order of Amendments. EDMODO has be extended until 12/9/16. No article for 12/15! Quiz on Key Terms for Chapter 13 Dec. 8 Classwork- Chapter 3, sections 3 and 4 (1,3,4,5) Complete Sentences Last Test- Chapter 3 and 13 Government Final- we will follow the school wide finals schedule.

Bell Ringer Read the quote and answer the following questions: What is John Marshall saying in your own words? What does he imply concerning the country in the future? What does he think is necessary to happen to the Constitution in the future? “We must never forget that it is…a Constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.” -John Marshall, 1819

Amending the Constitution Amendments: Additions or changes to the Constitution There are two ways to ratify, or pass, an amendment: Proposed by 2/3 of Congress and ratified by ¾ of state legislatures Has happened all 27 times Proposed by 2/3 of state legislatures and ratified by ¾ State legislatures/conventions Has never happened

Indirect Ways the Constitution Can Change Through Law- Laws can clarify or expand certain powers. Example: Article I says Congress can “lay and collect taxes” But what does that mean? Since then, Congress has passed laws on tax codes expanding ability to tax Through Practices- Not passing a law, but just acting upon it the way it is seen fit Example: Article I says the House can impeach(accuse) federal officials, and the Senate conducts the impeachment trial. The Constitution says that official can be removed if convicted of “treason, bribery, or other high Crimes and Misdemeanors” What is a high crime or misdemeanor? That is up to Congress to decide (what that means) Two presidents have been impeached, but none have been removed Andrew Johnson and Bill Clinton Richard Nixon resigned before he could be impeached Clinton on Lewinsky: https://www.youtube.com/watch?v=VBe_guezGGc

Informal Presidential Changes to the Constitution Presidential Succession – was assumed until 1967 1841 – Pres. William Henry dies in office, VP John Tyler becomes president 25th Amendment (1967) officially sets the rules for succession Foreign Affairs – Treaties are mentioned in the Constitution, not executive agreements Treaties = agreements between nations approved by senate Executive agreements = agreements between heads of state Domestic affairs- Legislation initiated by the President The Founding Fathers thought the executive would be concerned mostly with laws passed by Congress These days, presidents have been much more aggressive in requesting legislation by Congress

Court Decisions and the Constitution How should The Supreme Court practice judicial review? Judicial restraint- Courts should not take the initiative Court should only act if there is clearly a constitutional violation Judicial activism- Court should play a role in shaping policy Chief Justice Earl Warren, from 1953-1969, took on many controversial cases.

Section 4: The Amendments

Bill of Rights = First 10 Amendments There have been 27 changes or additions to the Constitution (amendments) Bill of Rights 1st- Freedom of expression 2nd Right to bear arms 3rd- No quartering soldiers 4th- Search warrants, probable cause 5th- Grand jury, Double jeopardy, self incrimination, and eminent domain 6th- Speedy trial, change of venue, and lawyer 7th- Jury trial 8th- excessive bail, excessive fine, and cruel and unusual punishment 9th- All rights retained by the people. 10th- States rights

First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Freedom of Speech, religion, press, assemble, and petition Within limits Slander and libel Clear and present danger School and other institutions serve as examples of limited use Tinker vs. Des Moines (1967-1969) Hazelwood vs. Kuhlmeier (1988) Amendment 1: https://www.youtube.com/watch?v=2mmbwhpBsBw

Second Amendment “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The Right to Bear Arms One of the most controversial The amendment applies to “a well regulated militia” But it also applies to “the right of the people” Intended to protect the people The Founding Fathers did not anticipate the rates of murder and crime as they are today Amendment 2: https://www.youtube.com/watch?v=FWYry0nHEDE Pro-Gun Argument: https://www.youtube.com/watch?v=L_-N9_tnWBo

Other Amendments Civil War Amendments 13- Slavery is abolished (1865) 14- Citizenship is defined (1868) 15- African Americans can vote (1870) Suffrage Amendments (The right to vote) 19- Women can vote (1920) 23- Washington DC gets electors in the electoral college (1961) 24- Poll tax illegal (1964) 26- 18-year-olds and up can vote (1971) Reversed Amendments 18-Prohibition of Alcohol (1919) 21-Repeal of Prohibition Amendment (1933) Amendments 13, 14, and 15: https://www.youtube.com/watch?v=CpiH2b923pc Amendment 19: https://www.youtube.com/watch?v=AtUY-wVLdeY Amendment 26: https://www.youtube.com/watch?v=PD14okrChfo Amendment 18 (then Amendment 21): https://www.youtube.com/watch?v=CgY0bDfz6XA