The Constitution

The Constitution: The Basics The Constitution is a blueprint for how our government should be run. The Constitution’s main purpose is to provide a way to limit the power of government. By doing this, it ensure that our rights are protected.

Principles of the Constitution The Constitution is based on 6 principles: 1.) Democratic Rule 2.) Limited Power of Govt. 3.) Separation of Powers (3 Branches)‏ 4.) Checks & Balances 5.) Judicial Review 6.) Federalism

The Sections of the Constitution The Constitution is separated into three parts: Preamble: An introduction to the constitution that tells you its purpose. Articles: Outline for how the government should be run. There are 7 articles total. Amendments: Legal changes to the Constitution. There are currently 27 amendments.

Quick Write Create a Preamble Please read the preamble to the Constitution on page 319 in your Government textbook. Next, re-write the Preamble in your own words. Example: We the people of the United States, in order to form a more perfect union….. Mr. Duran’s Version We the people of the United States, in order to create a better country……

Constitutional Outline Please fill in the Constitutional Outline that was handed out by Mr. Duran. Write a Sum-It-Up sentence for each article in the Constitution. Include an additional fact about each article using pages 66-77.

Articles of the Constitution The Constitution has 7 articles: Article 1: The Legislative Branch Article 2: The Executive Branch Article 3: The Judicial Branch

Articles of the Constitution Article 4: State Governments Article 5: Amendments

Articles of the Constitution Article 6: Constitution as Higher Law Article 7: Ratification of Constitution

beClause I Said So There are three important clauses in the Articles of the Constitution Clause: a part of the Constitution that grants certain power to people or govt.

Supremacy Clause Article VI states that the “Constitution is the supreme law of the land.” This establishes the Constitution as a higher law. In any conflict between national and state law, the national law has higher authority.

Elastic Clause Congress can make any laws that are “necessary & proper” for them to perform their duties Allows Congress to “stretch” their power Examples: Creation of Air Force Military Draft

General Welfare Clause “To provide for the common defense and general welfare [common good] of the United States” This rule allows Congress to pass any law that benefits the common good

Government Games Add 1 fact to each article in your Government Skills: Understanding Articles I-III Worksheet by playing two online games about the 3 Branches. Please visit the Class Wiki and click the games link under the 'Constitution' tab.

Powers Granted in Constitution There are 3 types of power granted in the U.S. Constitution: Delegated Powers Reserved Powers Concurrent Powers

Delegated Powers Powers held by Federal Government These powers are listed in the U.S. Constitution (Enumerated Powers) Also includes clauses (Implied Powers) Examples: - Regulate Interstate Trade - Create a Post Office - General Welfare Clause - Coin Money

Reserved Powers Powers reserved for the States These powers are protected by the 10th Amendment Not all are specifically stated Examples: - Establish Schools - Marriage Laws - Regulate trade within border

Concurrent (Shared) Powers Powers held by both Federal & State Government Examples: - Taxes - Law Enforcement - Establish Court System

Solve the Problem: Legislative Power & Article I Please split up into your group assigned by Mr. Duran. Please read the 6 proposed laws on page 135 in your WTP textbook. Explain WHY each bill can become a law using either an Enumerated Power or an Implied Power (Clause) Use both if you can!‏

Powers Withheld from Govt. The Constitution also limits the power of govt. by prohibiting it from performing certain legal actions. These include: - Enforcing Ex Post Facto Laws - Passing Bills of Attainder - Denying a person the right to a Writ of Habeas Corpus

WTP Vocab. Work Terms to Know: - Delegated Power - Concurrent Power - Habeas Corpus - Bills of Attainder - Ex Post Facto - N & P Clause (Elastic Clause) - Article - Amendment - Preamble - Supremacy Clause

Puzzlemaker! Your assignment: make a Crossword Puzzle using your vocabulary terms from your WTP book. Listen to directions from Mr. Duran. Print your assignment when you finish. http://www.puzzlemaker.discoveryeducation.com

Amendments An amendment is a change in the Constitution In 230 years, the Constitution has only been amended 27 times Example: 13th Amendment (ended slavery), 19th Amendment (women right to vote)‏ Last amendment: 1992 (stop increases in Congress salary)‏

Choose an Amendment Silently read the 27 Amendments to the US Constitution. Choose 4 amendments that interest you and 1 that you consider to be NOT important. Use pages 293-300 in your textbook for a list of the amendments.

Federalists v. Anti-Federalists VS. Arguments over whether to crate Constitution or just fix AOC Main arguments around State v. Natl. Power Federalists wanted a new Constitution Anti-Feds wanted improved AOC

A Tale of Two Sides Anti-Federalists Federalists Strong state govt. Limit natl. govt. power State militias Low taxes Favored lower & farming classes Federalists Strong natl. govt. Natl. army Higher Taxes Often favored the wealthy classes

Judicial Review Any law created by either National or State government is subject to judicial review Judicial Review: Ability of Supreme Court to review laws and decide if they follow the Constitution

Marbury v. Madison (1803) VS.

Background Summary: Discussion & Questions Please follow along to the Background Summary of the Marbury v. Madison Case. Next, participate in a class discussion over the 3 Background summary questions. Record your answers during the discussion.

Marbury v. Madison Web Search & Summary Your goal is to complete a Web Search to gather the necessary background information in understanding the Marbury v. Madison court case. Your search will focus on 4 main topics: - Judiciary Act of 1789 - Writ of Mandamus - Original Jurisdiction - The Case itself