October 8, 2015 Aim: Examine the Judicial Branch. Do-Now: Checks and Balance worksheet… see what you remember. HW -Writing tomorrow on the Constitution -Test on Tuesday (review sheet will be given out tomorrow) -Marbury v. Madison worksheet due tomorrow

BRAINSTORM If you were the colonists, how would you want the new country to be run? What would you be fearful of? Who should have the most power?

The Articles of Confederation 1 st attempt at government (“Rough Draft” of the Constitution) Set up a loose alliance between the 13 States Lasted from Weak National government, gave power to the ___________.

Land Ordinance of 1785 and Northwest Ordinance of 1787 Set a pattern of development of the Northwest Territory Provided the guidelines by which new states could be admitted to the nation on a basis of equality with the thirteen original states Prohibited slavery in the Northwest Territory.

Articles of Confederation StrengthensWeaknesses

Shay’s Rebellion

Constitutional Convention Why do you think this cartoonist used the phrases “forging a new rudder for the ship of states? What is the connection between this cartoon and the Constitutional Convention? e+constitutio+nschool+house+rock&ei=UTF- 8&hspart=mozilla&hsimp=yhs-003

Constitution Preamble We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. From looking at the preamble, what do you feel the Constitution is about?

Constitutional Principle Popular Sovereignty “We the People”–source of power to govern comes from the people. A.K.A. democracy

Constitutional Principle Federalism The Constitution divides the power to govern between the federal and state governments.

Constitutional Principle Limiting Government Constitution places limits on the power of state and national governments Three Branches of Government Checks and Balances

To what extent was the Constitution a Bundle of Compromises?

Requirements for the Position OfficeNumberTermSelectionRequirements Executive (President – Vice) 14 yearsElected by Electoral College Age 35 or over Natural born citizen Resident of US for 14 years RepresentativeAt least 1 per state; based on state population 2 yearsElected by voters of congressional district Age 25 or over Citizen for 7 years Resident of state in which elected

Requirements Con’t OfficeNumberTermSelectionRequirements Senator2 per State6 yearsElected by Voters of that State (17 th Amendment) Age 30 or over citizen for 9 years Resident of state in which elected Supreme Court Justice 9LifeAppointed by President with approval of the Senate No requirements in Constitution

Legislative Branch

NY Federal Senators Chuck Schumer Kirsten Gillibrand

Representing NY’s 4 th Congressional District…Carolyn McCarthy

Necessary and Proper Clause (Elastic) The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." - Article 1 Section 8 Clause 18 of the United States Constitution Power given to congress through the Elastic Clause are known as Implied Powers. What do you think Implied Powers mean?

Supremacy Clause Article VI …This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Census The method in which the federal government counts the population of the United States to determine representation in congress.

Apportionment Map 2000 Census Results2010 Census Results

Electoral College Electoral College NY Times

Should we do away with the Electoral College? Yes: Unfair, gives too much power to small states Not every state has a law requiring electors to vote for the candidate that eared the majority of the popular vote No: Too difficult to change (would require a constitutional amendment) Changes might threaten the two-party system

Three Branches of Government

Checks and Balances The system set up by the Constitution in which each branch of the federal government has the power to limit the actions of the other branches. Scenarios: describe how the power is being checked Congress overrides Obama veto Obama names a justice to the Supreme Court Ford pardons Nixon President calls for a special secession of Congress Court declares Congressional Act unconstitutional Senate ratifies Panama Canal Treaty

Can a state do that??? The United States passes a law promising to preserve and to protect Native American tribes. Oklahoma wants to take away the land of various tribes located within its state in order to build new state buildings and a shopping district. Under the Supremacy Clause of the U.S., Oklahoma may not take away land of a federally recognized Native American tribe since doing so would violate the tribe's political interest in which the U.S. has promised to protect.

Marbury v. Madison

What is the process for amending the Constitution? 4 Possibilities: Amending the Constitution 1 Proposed by Congress 2/3 of both houses Ratified by ¾ of state legislatures 2 Proposed by Congress 2/3 of both houses Ratified by ¾ of state ratifying conventions 3 Proposed national convention called by 2/3 of states Ratified by ¾ of state legislatures 4 Proposed by national convention called by 2/3 of states Ratified by ¾ of state ratifying conventions

Ratification Federalists: Anti Federalists