Ideas of the Constitution: Sec. 1 Three Branches of Government: Sec. 2 A Lasting Document: Sec. 3

Sec. 1

 Pilgrims realized before they arrived in Massachusetts they would need Govt.  Mayflower Compact- Nov. 21, 1620 ◦ -Pilgrims create a govt. ◦ -Submit the right to be governed by the govt. they had created. ◦ -Influenced the U.S. Constitution  Opening Phrase “We the People.”

What does “We the People” mean?  It establishes Popular Sovereignty-makes it clear the Govt. gets its power from the people. -It is the opening line/Preamble to the Constitution. -Describes and grants the supreme (all) power of Govt. comes from the people.

Limited Government  Constitution limits the power of Govt.  Protects against abuse of power  Citizens know what their Govt. is and is not allowed to do.

How does the Govt. solve disagreements between its citizens?

Majority Rule w/ Minority Rights  Agreement b/w Govt. and the Citizens they will except the decision of the Majority.  To keep the Majority from violating the rights of the minority the Constitution allows the minority to express its view. Can you think of a recent example of this in the News?

Powers of the People  Bill of Rights (1791)- The first 10 Amendments in the U.S. Constitution.  Bill of Rights- Describes in great detail the freedoms that belong to every U.S. citizen.  Bill of Rights-Guarantees our freedoms.

Federal System  This is the dividing/sharing of powers  Articles of Confederation- First form of U.S. Govt. did not work b/c it had very weak central Govt.  Federal System divides the power of Govt. into 2 levels of Govt.: -National/Federal Govt. -State Govt.

General Powers Federal Govt.  Makes laws that govern the whole country.  Based in Washington D.C. State Govt.  Power over people w/ in its boundaries. -Ex. California can’t pass a law that affects Maine.  Has its Own: -Capital -Constitution -State Officials

Federal Government  Constitution gives the Govt. Delegated Powers- Important powers given to the Federal Govt. alone. -EX.: -Power to print money -Control trade with other nations -Provide national defense.

State Governments  Limit the power of the Federal Govt.  Have Reserved Powers- important powers for the state alone (manage their own issues). -EX.: -Conduct Elections -Regulate trade w/ in the state -Establish Local Governments

Shared Powers  Concurrent Powers- Powers that the state and Federal Govt. share. -EX.: -Can raise money through taxes. -Have the power to borrow money. -Establish courts -Create banks -Enforce laws -Provide for health and well being of its citizens.

What happens when a state law disagrees with a federal law?

A: The state law is invalid. The Constitution is the supreme law of the land

Sec. 2

Discuss why you think the Constitution divides its powers? -Discuss in groups of Create a list of 3 reasons why it divides its power.

Separation of Powers  Created to stop abuses of power from w/in the Govt. -One branch creates/writes the laws. -One branch carries out/enforces the laws. -One branch interprets/examines the laws.

Legislative Branch  Article 1 of the Constitution creates Congress -Two Houses of Congress: Senate and House of Representatives.  Powers described in great detail in the Constitution.  Controls and creates money for the Federal Govt.  Creates lower courts beneath the Supreme Court.

Executive Branch  Established by Article II of the Constitution  Carries out the countries laws.  Consists of the President and the Vice President.  Today includes 15 Agencies (Heads of each make up the President’s Cabinet). EX.: -Department of Treasury -Department of State -Department of Homeland Security

Judicial Branch  Established by Article III of the Constitution.  Power Described in little detail.  Interprets/Examines the law.  Sets punishments for people who break the law.  Constitution created: -Supreme Court- The highest court in the land. -Process for appointing judges to the Supreme Court.

A Balance of Power  The Constitution limits/checks the powers of the Federal and State Govt.  Makes sure the Federal Govt. does not become too powerful.

Checks and Balances  Executive v. Congress -Congress proposes a law -President can Veto- reject the law. -Congress can override the Veto with a 2/3 vote of Congress in both the Senate and the House of Represenatatives.

Checks, Balances, and the Judicial System  The Constitution created the Supreme Court which requires 6 Chief Justices.  Congress establishes the lower courts and determines their power under the state courts.

Judicial Review  The case of Marbury v. Madison established the idea of Judicial Review- The courts have the power to check the powers of the other branches of Govt. as a result of this case.  Makes sure no level of Govt. (Federal, State, or Local) violates the Constitution.  It determines if laws passed at any level of Govt. is Constitutional.

Put the following events into order: A. President Vetoes a Law B. Supreme Court decides a Law is Unconstitutional C. Congress overrides a Veto of a Law D. Congress Proposes a Law

A. President Veto a Law C. Congress overrides a Veto on a Law B. Supreme Court decides a Law is Unconstitutional.

Sec. 3

The Amendment Process  Article V of the Constitution lays out the process of passing an Amendment.  It is a change to the Constitution.  Proposed Amendments must be passed with the approval of ¾ of the states.  This has only happened 27 times.

The Amendment Process  An Amendment is proposed in 2 ways: -Congress can propose an amendment by 2/3 vote in both Houses (Senate and House of Reps.). -The Legislature of 2/3 of states (34 out of 50) can ask Congress to call a national convention to propose an Amendment.

The Amendment Process  Once an Amendment is proposed it must be Ratified/Approved.  An Amendment may be Ratified in 2 ways: -The proposed Amendment can be sent to the state legislature for approval. *All but one Amendment were approved this way. -The proposed Amendment can be sent to state conventions for consideration.

The Amendment Process If the people do not like a Law can they get rid of it?

The Amendment Process  Yes, after an Amendment is passed by ¾ of the states (38 0f the 50) a law can be canceled or Repealed. -EX.: -The 18 st Amendment prohibited the sale or production of alcohol. -The 21 st Amendment Repealed the 18 th Amendment.

Interpreting the Constitution  The Constitution doesn’t attempt to cover every situation. It sets broad guidelines. -EX.: -The Constitution doesn’t establish a Presidential Cabinet- Heads of each of the 15 Federal Departments.  Referred to as the “Unwritten Constitution.”

Congress and the Constitution  Congress uses the Constitution for issues in society.  Congress does this by checking if the Constitution gives Congress the power to pass a proposed law. -EX.: -The Constitution says nothing about creating a minimum wage standard. -Congress has the power to control trade between states. -Decided the Constitution gives it the power to affect working conditions nationally.

Congress and the Constitution  The Supreme Court has the power to decide if Congress has interpreted the Constitution correctly.  If they agree the law is passed.  If they disagree the law is dead.

Congress and the Constitution  Congress can rewrite laws.  Congress may not pass laws which: -Punish a citizen w/out a trial. -Ex Post Facto which makes an act a crime after the act has been committed. -Habeas Corpus court order requiring the Govt. to bring a prisoner to court and explain why they are being held.