The Constitution Chapter 3

How is the Constitution Set-up? Preamble – Introductory paragraph Purpose of the government “We the People of the United States…” “People” – white free land owning males 1787 Articles – Main sections of the Constitution How the government is structured 7 Articles Amendments – Changes to the Constitution 27 Amendments

Articles (Continued) There are 7 Articles in total - Article I = Legislative branch - Article II = Executive branch - Article III = Judicial branch - Article IV = State relations - Article V = Amendment process - Article VI = Declares the Constitution’s supremacy - Article VII = Ratification Procedure

Basic Principles Checks and Balances (AOC, State Const.) Separation of Powers (State Const.) Popular Sovereignty (Locke, Rousseau) Limited Government (Rousseau) Judicial Review (Locke) Federalism

Popular Sovereignty The power to rule belongs to the people. “Consent of the governed” “We the People of the United States …do ordain and establish the Constitution for the United States of America.”

Limited Government Government can only do the things the people have given it the power to do. Government and its officials are subject to the law, never above the law.

Separation of Powers

Checks and Balances

Judicial Review An independent judiciary serves as a check on the power of all levels and all branches of government across the nation.

Federalism Power is shared between levels of government. Enumerated Powers are those that belong solely to the federal (national) government. Reserved Powers are those that belong solely to the state governments. Concurrent Powers are those that are shared between federal and state governments.

EXIT SLIP Take out a sheet of notebook paper: What is the purpose of the Preamble to the Constitution ? Explain two examples of checks and balance. Explain federalism in your own words.

Bill of Rights

Three Branches of Government Chapter 3 Lesson 2

The Legislative Branch The legislative branch makes laws for the nation. The main lawmaking body of this branch is known as Congress. Congress is made up of two parts, the House of Representatives and the Senate. Congress meets at the U.S. Capitol in Washington, D.C.

The Judicial Branch When people are unsure about the meaning of a law, the judicial branch listens to many opinions and makes a decision. The judicial branch is made up of courts. The highest of these courts is the U.S. Supreme Court. The Supreme Court is made up of 9 judges. They meet at the Supreme Court building in Washington, D.C.

The executive branch The executive branch makes sure people follow the laws that the legislative branch makes. The leaders of this branch are the President and Vice-President. When making important decisions, the President often asks for advice from a group of 15 helpers, known as the Cabinet. The President lives at the White House in Washington, D.C.

Amendments Chapter 3 Lesson 3

Amending the Constitution The Constitution provides for its own amendment—that is, for changes in its written words. Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.

Four different ways to amend the Constitution- can you find them? “The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”

Formal Amendment Process

Amendments to the Constitution

Informal Amendments. Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. The informal amendment process can take place by: (1) custom (2) actions taken by the President (3) key decisions of the Supreme Court (4) the activities of political parties (5. Laws by Congress

Custom: Informal Amendment President’s Cabinet Presidential Succession (Vague in the Constitution but the 25th amendment cleared it up) Presidential Term limits

Party Practices: Informal Amendment No mention of parties in the Constitution Most framers opposed to parties Parties are dominant way to nominate candidates Change the purpose of electoral college—now just a rubber stamp for popular election Congress is organized on basis of party

Court Decisions: Informal Amendment Woodrow Wilson said the Supreme Court is “a constitutional convention in continuous session.” Judicial Review

Executive Action: Informal Amendment Presidential actions , such as the use of the military under the power of commander in chief. Executive order-same force as law An executive agreement is a pact made by the President directly with the head of a foreign state. No check by Congress

State and Local Charters Chapter 3 Lesson 4

State Powers Federalism: Constitution created a system where the federal government and state governments share power Protecting States: States for the most part can govern themselves as they see fit and they maintain their own National Guard Powers Prohibited to the States Article I Section 10 Can’t declare war, issue their own money or enter into a treaty Reserved Powers: 10th Amendment ensures that states have all powers not given to the federal government Make marriage laws, regulate education and hold elections Each state is responsible for the safety and protection of its citizens Law enforcement and roads/bridges

Federal Supremacy Concurrent Powers: Powers shared by the federal and state governments Tax and borrow money If a state law conflicts with a national law- national law wins States Right v Nationalists (goes back to Federalists/Anti-Federalists) States’ Rights- limit federal government because they believe state government knows its people best Nationalists- increase the national government to address major social and economic problems Balancing Act

States Constitution State Constitution Each State has its own constitution which is its plan of government Each state provides for the separation of powers: Executive, Legislative and Judicial Each constitution provides the powers and terms of various offices and method of election for state officials Each constitution has its own Bill of Rights Workers’ right to join unions Establish different types of local government Counties and townships Establishes how the state and local governments can raise and spend money

State Legislative Branch Organization Every state has a bicameral (Senate and House) legislature EXCEPT for Nebraska which has a unicameral (only 49 members) State Senators: 4 year terms State House of Representatives: 2 year terms Members must be American citizens who live in the district they represent and 18 years old. How Bills Become State Laws SAME PROCCESS as Congress Governor (Kasich) signs final copy to become a law Legislative Districts After the Census (every 10 years) legislatures reexamine districts Unequal Representation US Supreme Court (1960’s) established that state legislatures must be apportioned (divided) on the basis of equal population.

State Executive Branch Powers and Duties of the Governor Governor must be an American citizen, at least 30 years old and a resident of the State for 5 years Elected for 4 year terms can be impeached for committing crimes Governor is responsible for carrying out the laws of the State and making the budget Governors in 43 states can veto specific parts of a bill: LINE-ITEM VETO Governors can issue pardons, COMMUTE which reduces a sentence and PAROLE which releases people early from prison Governor appoints top officials to help with state matters like health, education, law, treasurer (taxes), auditor (reviews records), transportation etc.

State Judicial Organized like the federal courts Courts for minor law violations and law suits Courts for serious crimes and large civil cases Appeals Higher Courts: serious crimes (felonies) and large civil cases General Trial Court Defendants charged with felonies go on trial in general trial courts. Heard by a jury and judge decides penalty if guilty. Appellate Courts Panel of judges decides a case and votes if they find the lower court did not provide a fair trial they can overturn the decision Supreme Court Interpret the State’s constitution and laws Reviews appeal courts decisions Final say

Local Governments Local governments are closest to the people but have no legal independence. They are totally dependent on the State. When residents of an area want to become a city they apply to the State Legislature for a city charter This grants power to the local government Describes the type of local government with its structure and powers Home Rule: allows citizens to write their own charters, choose their own type of government, manage their own affairs as long as they abide by state laws.

city governments 3 Basic forms of Municipal Government Mayor-Council Form Executive power goes to Mayor and Legislative power goes to the Council (pass laws called ordinances). Large cities historically used this form. Voters elect the Mayor and Council. Commission Form No separation of executive and legislative power. Separate departments govern the city. Not popular or a good form. Council-Manager Form Council (legislative) appoints the manager. Manager recommends a budget, oversees city departments and deals with personnel matters and reports to the Council. Very popular form today.