THE CONSTITUTION

 Section 1: Structure and Principles  The Constitution is divided in to three parts – the Preamble, articles, and amendments.  Preamble ; or introduction, states why the constitution was written.

  The constitution contains seven divisions called articles.  Articles I, II, and III create the three branches of government.  Article III Section 2 outlines the jurisdiction, or authority, of courts to rule on cases.  Article VI contains the supremacy clause, establishing that the constitution, laws passed by congress, and treaties of the U.S “shall be the supreme Law of the Land.” Articles

  The third part of the Constitution consists of amendments, or changes.  The Constitution has been amended 27 times. The Amendments MAJOR PRINCIPLES Popular SovereigntyFederalism Separation of PowersChecks and Balances Judicial ReviewLimited Government

  The constitution is based on the concept of popular sovereignty —rule by the people.  The constitution created a federal system of government. Federalism ; power divided b/w national and state government.  Separation of Powers ; each branch has its responsibilities.  Checks and Balances ; each branch of gov’t exercises some control over the other. Principles Cont’d

  Vetoing– rejecting  The power of the courts to declare laws and actions of governments invalid if they violate the constitution – Judicial review (Marbury V. Madison) Judicial Review How does the constitutional system of checks and balances support the theory of separation of powers?

 Answer the Following… 1.What is the basic structure of the constitution? 2.How did the founders hope to prevent any one branch of government from gaining too much power. 3.Thinking back on the Articles of Confederation and creating the new Constitution, why do you think the founders chose a federal system of government over a unitary system?

 Section 2: Three Branches of Government  Article I- Legislature  Article II- Executive Branch  Article III- Judicial Branch

  Congress given expressed powers; powers directly stated in the constitution.  Also called enumerated powers because they are numbered 1-18 in Article I Section 8.  The final enumerated power is the so-called elastic clause —gives congress power to make all laws “necessary and proper” to carry out their powers. (Muculloch v. Maryland) The Legislative Branch

 U.S. Senators-- AL Richard Shelby Jeff Sessions

 The Executive Branch  The constitution grants the president broad but vaguely described powers.  Section 2 & 3 of Article II define specific powers.  Presides over federal bureaucracy ; departments and agencies of the federal government.

 Judicial Branch  No term limit  Federal & state courts  When it rules on constitutional issues, the court can not be overturned except by a constitutional amendment. John G. Roberts, Jr., Chief Justice of the United States

 1.According to the video, which branch of gov’t is the strongest? 2.Why was this branch given this authority? 3.Which is the second strongest? 4.Which branch is the weakest? Why? 5.What are the powers of the Judicial Branch? Video Questions

 1.Using your text book (pg. 73), describe how the executive and legislative branches work together? 2.Describe the conflicts b/w the following: a)President vs. Congress b)Congress vs. the Courts c)The Supreme Court vs. the President Write & answer the following questions

  The Amendment Process  As outlined in Article V, amendments may deal w/ any topic except that no state can lose equal representation in the Senate w/o the state’s consent.  Amendments may be proposed and ratified, or approved in two ways.  Proposed on a national level but ratified on a state-by- state basis. Section 3: Amending the Constitution

  Two-thirds vote of each house of Congress; or  National convention called by Congress at the request of two-thirds of the states.  petition ; appeal  balanced budget ; federal gov’t spending never exceeds in income. Proposing Amendments

  Legislatures in three-fourths of the states to ratify the amendments  Each state to call a ratifying convention and three-fourths of theses conventions approve.  Congress decides which ratification method will be used and how much time states will have to ratify an amendment Ratifying Amendments The Equal Rights Amendment caused questions because states revoked their ratification.

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  Changes Through Law  Changes Through Practice (the ways power is used)  impeach ; ability of the House to accuse federal officials  Informal Presidential Changes  Presidential succession  Foreign Affairs  Treaty ; agreement between nations vs. executive agreement ; agreement b/w president and leader of another country.  Domestic Affairs Informal Changes

  Court decisions  Changes through custom and usage Cont’d

 Judicial Review  Judicial restraint vs. judicial activism  Under Chief Justice Earl Warren, the Supreme Court demonstrated judicial activism. ( )  ex. Plessy v. Ferguson to Brown v. Board of Education

  In 1791 the states ratified 10 amendments; Bill of Rights.  Limits the powers of the government  The First Amendment  Freedom of religion, speech, press, petition, and assembly.  Does not include slander ; false speech intended to damage a person’s reputation. Section 4: The Amendments

  The 27 amendments fall into 3 separate groups.  13 th, 14 th, 15 th – Civil War Amendments  13th (1865) outlaws slavery  14 th (1868) protects rights of citizenship  15 th (1870) protects the right to vote Civil War Amendments

  The third group of amendments have all been added in the 20 th century.  Deal w/ a range of topics that reflect changes in modern American society.  24 th amendment (1964) prohibits poll taxes ; taxes paid in order to vote—in federal elections.  Used to prevent low income African Americans from voting. The Later Amendments