Government, Chapter 3 The Constitution

Do Now: Begin copying the System of Checks and Balances chart on page 66…when you finish, answer the question below; While the system is designed that no branch have too much power, do you think one appears to be more powerful than the other two?

Structure and Principles Structure- only 7,000 words Preamble- introduction, why it was written. Articles- 1- Legislative branch: Make Laws 2- Executive branch: Carry out and enforce laws 3- Judicial branch: Rule on Constitutionality of laws and actions

Structure Articles continued 4. Relationships between States 5. Amendments 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. Amendments- 27 in all, first 10 are the Bill of Rights

Major Principles Constitution Based on these concepts Popular Sovereignty Federalism Separation of Powers Checks and balances Judicial Review- Marbury v. Madison 1803 Limited Government

Section 2: 3 Branches of Government Legislative Branch House- The voice of the people. Expressed/enumerated powers Article 1, section 8, pgs 779-780. Elastic clause- “necessary and proper” to carry out expressed powers McCulloch v. Maryland, 1819, Implied powers

Checks and Balances Impeachment- House accusation of federal official Over ride of veto- 2/3rds Senate confirmation of Presidential appointments

The Executive Branch A new branch developed Very vague powers initially 10 specific powers listed Commander in Chief Pardons Appointments Treaties

Presidency Now and Then No partiality in hiring Quit after 2 terms. Executive agreements used more often. No Congressional approval needed.

Judicial Branch Appears to be the weakest. Supreme Court set by Constitution. All lower courts set by Congress Federal and State courts each have their own jurisdiction.

Jurisdiction Who hears a case Supreme Court Original Jurisdiction U.S. Laws Treaties with foreign nations Interpretations of the Constitution Bankruptcy cases

Then and now 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.

Section 3: Amending the Constitution Ratified, or approved, in a number of ways. Proposed by 2/3 of Congress and ratified by ¾ of State Legislatures. 26 of 27 amendments. Proposed by 2/3 Congress and ratified by ¾ State conventions. 1 time

Amending the Constitution Constitutional convention never used. Equal Rights Amendment- questions because states revoked their ratification. Congress decides which method the states use and time. Modern times is 7 years to ratify

Informal changes Through Law- Laws can clarify or expand certain powers. Tax codes expanded ability to tax. Through Practices Impeachment- Clarify what high crimes and misdemeanors are.

Informal Presidential Changes Presidential Succession 25th amendment, 1967 officially set succession. Foreign Affairs- Executive agreement used more than treaties today. Domestic affairs- Legislation initiated by the President

Court Decisions Judicial Review Judicial restraint- Do not take the initiative. Judicial activism- court should play a role in shaping policy Chief Justice Earl Warren, from 1953-1969, took on many controversial cases.

27 Amendments 1st ten are the Bill of Rights 1st- Freedom of Speech, religion, press, assemble, and petition (Appeal to Congress). Within limits- slander and libel 2nd- Keep and bear arms 3rd- Prohibits the quartering of soldiers in homes

Bill of Rights 4th- Search warrants, probable cause 5th- Grand jury, Double jeopardy, self incrimination, and eminent domain 6th- Speedy trial, change of venue, and lawyer

Bill of Rights 7th- Jury trial 8th- excessive bail, excessive fine, and cruel and unusual punishment 9th- All rights retained by the people. 10th- States rights

Amendments Civil War Amendments- 13-15 Suffrage Amendments (The right to vote)- 15- African Americans, 17- Vote for Senators, 19- Women, 23- Washington DC, 24- Poll tax, and 26- 18-20 year olds