THE CONSTITUTION Chapter 3 Section 1

To Get Us Started….. The Word - Due or Die - The Colbert Report Video Clip | Comedy Central The Word - Due or Die - The Colbert Report Video Clip | Comedy Central Satire: wit, irony, or sarcasm used to expose or discredit folly or vice or to make a point

The Constitution It is America’s fundamental law, the “Supreme Law of the Land.” It’s lasted over 200 yrs b/c it has built-in provisions for accommodating change! It’s made up of: A preamble (Introduction) Articles (7 numbered sections)

The Seven Articles Look at page 758 The first three: 3 branches of government Article I, Section 8, Clause 3 (pg. 763) 4: Relations among the states 5: Provisions for amendments 6: Public debts; Supremacy of national law; oaths of office 7: Ratification of the Constitution 27 Amendments follow. We’ll look at these later.

The Six Basic Principles 1. Popular Sovereignty This means that power resides with the people-”We the People” 2. Limited Government Holds that no govt is all-powerful. It must operate w/in certain bounds set by the people.

Limited Government Often called: 1. constitutionalism- govt must be conducted according to constitutional principles OR 2. Rule of Law-the govt & its officers must obey the rule of law

Six Basic Principles Contd 3. Separation of Powers: 3 branches of govt created 

Separation of Powers Constitutional Principles: Separation of Powers - YouTube Constitutional Principles: Separation of Powers - YouTube

Six Principles Contd 4. Checks and Balances: the system that helps keep 1 branch from dominating the actions of the others. Checks are restraints See page 68. Let’s look at this system in more detail

Activity Complete the checks and balances sheet. Facts of Congress - Checks and Balances - YouTube Facts of Congress - Checks and Balances - YouTube

CHECKS AND BALANCES Each branch (Legislative, Executive, Judicial) is subject to restraints by the other branches.

EXAMPLES OF CHECKS & BALANCES Congress can pass laws, but the President can VETO the law. However, Congress can override a veto by a 2/3rds vote in each house. Congress can refuse funds requested by the President, or the Senate can refuse to approve a treaty or an appointment. The President is the commander in chief, but Congress declares war.

Who Requires Senate Approval? Secretary of State, Secretary of Defense, etc. Head of CIA Heads of Departments: Department of Commerce, Department of Transportation, Department of Education, etc. Sonia Sotomayor at her Senate hearing

EXAMPLES OF CHECKS & BALANCES The President has the power to name all federal judges (including Supreme Court nominees) but the legislative branch can check the judicial branch by its power to remove judges through impeachment. Each appointment must be approved by majority vote in the Senate.

CHECKS & BALANCES The courts have the power to determine whether or not acts of Congress and the President are constitutional, as we saw with the healthcare law.

CHECKS AND BALANCES Because of the system, each branch is careful to see how the other branch will respond. The President wants his/her appointments confirmed, and Congress doesn’t want its bills vetoed. This makes compromise important and necessary to get things done. This is easier when the Presidency and two houses are of the same party.

IMPEACHMENT The H of Reps has impeached (brought charges against) a President-Andrew Johnson in 1868 and Bill Clinton in 1998, but both were acquitted by the Senate.

Executive Order An executive order can be challenged by the courts as unconstitutional.

What’s NOT an example of checks & balances???? If the President makes an executive agreement, this is NOT an example of the checks and balances system. This would be, for example, an agreement the President has made with another country that is not a treaty so it doesn’t need to be approved by the Senate. It is part of the Presidential Powers.

Group Activity Checks and Balances

Six Principles Contd 5. Judicial Review-the power of courts to determine whether what the government does is in line with what the Constitution provides The power of judicial review applies to actions by BOTH the Federal Govt & the States-”Is it constitutional?”

Judicial Review Not specifically in the Constitution Through the Federalist Papers it appears the power is implied. Established by the Sup Crt case Marbury v. Madison in 1803 under Article 3 under Chief Justice John Marshall.

Judicial Review Judicial Review – YouTube The Supreme Court. For Educators. Video | PBS The Supreme Court. For Educators. Video | PBS

Six Principles Contd 6. Federalism-the division of power among a central govt and several regional govts. Compromise between nearly independent states and a too powerful central govt.

The Preamble Barney Fife & The Preamble to the Constitution - YouTube Barney Fife & The Preamble to the Constitution - YouTube