1. Mr. Soroka

2. Constitution= general framework for governing nation 3 PARTS: Preamble 7 articles 27 amendments

3. The Preamble: We the people of the United States, in Order to form a more perfect Union, establish Justice, ensure 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.

4. Article I: Congress House of Representatives (435 members) Senate (100 members)

5. Article II: The President Barack H. Obama -(D) Illinois elected 2008: -defeated Sen. John McCain (R) of Arizona

6. Article III: The Supreme Court John Roberts (Chief Justice) Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsberg Stephen Breyer Samuel Alito Sonya Sotomayor Elena Kagan

7. Articles IV-VII  Article IV – how state and federal governments are linked  Article V – amendment process  Article VI – makes the Constitution, the laws passed by Congress, and the treaties of the United States the “supreme law of the land”  Article VII – supremacy clause- U.S. citizens, as well as the state and local governments, grant ultimate authority to the Constitution

9. 1. Limited Government o National Government created by the Constitution can only do with the people will allow it to do o rule of law- all citizens that run the government MUST obey the laws found in the Constitution o NO PERSON, even the President, is above the law!

10. People are the ultimate source of power given to the government (closely linked to limited government)

11. 3. Separation of Powers Wanted to create a government that would prevent the rise of tyranny– absolute power and authority Madisonian Model: plan for separation of powers used in the Constitution Article I – Congress (passes laws) Article II – President (carries out laws) Article III – Supreme Court (interprets them)

12. 4. Checks and Balances each branch would have the ability to exercise certain powers over actions of the other branches fear that one branch of government would dominate the other two at least two of the three branches must work together in order for an action to take place

13. 5. Judicial Review refers to the power of the courts to decide whether a law or other governmental action violates the Constitution unconstitutional- violates the Constitution first time it was used was in Marbury v. Madison (1803)

14. * Some powers belong to the national, or federal government, while others belong to the states

15. James Madison in charge of selecting Bill of Rights (trimmed 200 down to 17 and submitted to the states states trimmed Bill of Rights down to 10 “first ten amendments do not tell the government what it should do, they tell the national government what they must do” protect the fundamental rights of citizens

16. 1 st Amendment Freedom of: speech assembly religion the press petition

17. 2 nd Amendment: “right to bear arms”

18. 3 rd Amendment: “no quartering of troops in peacetime”

19. 4 th Amendment: o “no illegal search and seizure” o anyone asking for a warrant must convince a judge that an offense probably has been committed

20. 5 th Amendment: grand jury – considers physical evidence and the testimony of witnesses and decides whether there is sufficient reason to bring someone to trial no “double jeopardy” – bring tried for the same crime twice criminal defendants do not have to incriminate themselves in court due process of law – no person’s life, liberty, or property may be taken away, except by lawful means

21. 6 th Amendment: “the accused shall enjoy the right to a speedy and public trial, by an impartial jury” right to an attorney to defend him/her right to cross- examine witnesses against a defendant

22. 7 th Amendment: trial by jury in all civil cases where the value exceeds $20 If both parties agree to a trial by judge, with no jury, the right to a jury trial may be put aside

23. 8 th Amendment:

24. 9 th Amendment: “Many civil rights that are not explicitly enumerated in the Constitution are still held by the people”

25. 10 th Amendment: “Those powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people”

26. Formally Amending the Constitution Introducing an Amendment Ratifying an Amendment Introduced by a 2/3 vote in the House and the Senate (all 27 done this way) 2/3 of state legislatures can request that Congress call a National Amendment Convention; would then propose amendments to the states for ratification ¾ of state legislatures vote for ratification (26 of 27 amendments handled this way) states can call conventions to ratify; if ¾ of states approve, then the amendment is ratified (used in 1933 to ratify the 21 st Amendment)

27. Congress has considered over 11,000 amendments, so why have only 27 been ratified? o competing social and economic interests in the country o 2/3 approval in the House and Senate are difficult to achieve o takes only 34 of 100 Senators to block an amendment o ¾ of states must ratify an amendment o seven year time limit on ratification

28. Informal Methods for Amending the Constitution  Congressional legislation -Constitution gave Congress the power to regulate interstate commerce -called the commerce clause  Presidential Actions -the Constitution does not stipulate that the President should propose bills/budgets to Congress -however, they do -president has sent American forces into conflict without a declaration of war -executive agreements- agreements between the president and foreign chiefs of state; legally binding; DOES NOT need the approval of Congress

29. Informal Methods (continued)  Judicial Review and Interpretation: adapting the Constitution to current situations  Political Parties: responsible for nominating candidates and placing employees in our government -provide government with policy positions and political direction -presidents and Congress base decisions on political parties -nominations and conventions are not mentioned in the Constitution

30. Informal Methods (continued)  Custom and Usage: we accept the existence of a presidential cabinet – made up of heads of each department in the executive branch - not mentioned in the Constitution *tradition led to the 22 nd amendment – term limit for presidents *tenure- the period for holding office