Chapter 3 The U.S. Constitution

Chapter 3 The U.S. Constitution
American Civics 5/11/2018 Chapter 3 The U.S. Constitution Section 1: Ideals of the Constitution Section 2: The Three Branches of Government Section 3: An Enduring Document We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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 The Federal Convention convened in the State House (Independence Hall) in Philadelphia on May 14, 1787, to revise the Articles of Confederation. Because the delegations from only two states were at first present, the members adjourned from day to day until a quorum of seven states was obtained on May 25. Through discussion and debate it became clear by mid-June that, rather than amend the existing Articles, the Convention would draft an entirely new frame of government. All through the summer, in closed sessions, the delegates debated, and redrafted the articles of the new Constitution. Among the chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected--directly by the people or by the state legislators. The work of many minds, the Constitution stands as a model of cooperative statesmanship and the art of compromise. Who actually wrote the Constitution? A. In none of the relatively meager records of the Constitutional Convention is the literary authorship of any part of the Constitution definitely established. The deputies debated proposed plans until, on July 24, 1787, substantial agreement having been reached, a Committee of Detail was appointed, consisting of John Rutledge, of South Carolina; Edmund Randolph, of Virginia; Nathaniel Gorham, of Massachusetts; Oliver Ellsworth, of Connecticut; and James Wilson, of Pennsylvania, who on August 6 reported a draft which included a Preamble and twenty-three articles, embodying fifty-seven sections. Debate continued until September 8, when a new Committee of Style was named to revise the draft. This committee included William Samuel Johnson, of Connecticut; Alexander Hamilton, of New York; Gouverneur Morris, of Pennsylvania; James Madison, of Virginia; and Rufus King, of Massachusetts, and they reported the draft in approximately its final shape on September 12. The actual literary form is believed to be largely that of Morris, and the chief testimony for this is in the letters and papers of Madison, and Morris's claim. However, the document in reality was built slowly and laboriously, with not a piece of material included until it has been shaped and approved. The preamble was written by the Committee of Style. Chapter 3

Section 1: Ideals of the Constitution
American Civics 5/11/2018 Section 1: Ideals of the Constitution The Main Idea The Constitution is an agreement between the citizens of the Untied States and the government that the people will grant powers to the government. In return, the government is to carry out the goals of the Constitution. Reading Focus How did the Pilgrims influence the framers of the Constitution? What are the goals of the U.S. government as outlined in the Constitution? What are the powers the Constitution gives to the federal and state governments? The Preamble to the Constitution sets out the origin, scope and purpose of the Constitution. Its origin and authority is in "We, the people of the United States". This echoes the Declaration of Independence. "One people" dissolved their connection with another, and assumed among the powers of the earth, a sovereign nation-state. The scope of the Constitution is twofold. First, "to form a more perfect Union" than had previously existed in the "perpetual Union" of the Articles of Confederation. Second, to "secure the blessings of liberty", which were to be enjoyed by not only the first generation, but for all who came after, "our posterity".[31] It is an itemized social contract of democratic philosophy. It details how the more perfect union was to be carried out between the national government and the people. The people are to be provided justice, civil peace, common defense, those things of a general welfare that they could not provide themselves, and freedom. A government of "liberty and union, now and forever", unfolds when "We" begin and establish this Constitution.[a][33] What gives the government the right to tell you what to do? You do As a citizen, you consent, or give your permission, to be governed every time you vote—or choose not to. In the 1600s most people were governed or ruled with-out their consent. These Pilgrims knew they needed some government, so they took the next step. They willingly gave their consent to be ruled by a government that they would create. Chapter 3

The Pilgrims influenced the framers:
American Civics 5/11/2018 Section 1: Ideals of the Constitution Influences the Preamble- beginning of the Constitution, which describes its purpose The Pilgrims influenced the framers: The Mayflower was the ship carrying the Pilgrims to the New World November 21, 1620—The Mayflower Compact was written to create a new government of popular sovereignty for the colonists. They willingly gave their consent to be ruled by a government that they would create. It includes some of the basic ideals upon which the United States was founded. Government by the consent of the governed (the people) The Mayflower Compact was the first governing document of Plymouth Colony. It was written by the Separatists, sometimes referred to as the "Saints", fleeing from religious persecution by King James of England. They traveled aboard the Mayflower in 1620 along with adventurers, tradesmen, and servants, most of whom were referred to, by the Separatists as "Strangers". It was in essence a contract in which the settlers consented to follow the compact's rules and regulations for the sake of order and survival. The agreement that the Pilgrims signed on November 21, 1620, is known as the Mayflower Compact The citizens of the new colony gave up some of their individual powers to the government they had created. At the same time, they agreed to submit to and obey the government they chose. The Mayflower Compact includes some of the basic ideals upon which the United States was founded. For example, the Declaration of Independence states that governments should receive their powers from “the consent of the governed.” Later, the framers of the Constitution began that document with the words “We the People” to show that the foundation of their new government was its citizens. Government by popular sovereignty, or consent of the governed, is one of our nation’s most cherished ideals. Chapter 3

American Civics 5/11/2018 Analyzing Primary Sources Students might suggest that a government would help run the colony more smoothly We the People” appears in the Preamble of the Constitution. The Preamble is an introduction that explains why the U.S. Constitution was written. Popular sovereignty or the sovereignty of the people is the principle that the authority of the government is created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power. Americans founded their Revolution and government on popular sovereignty, Popular sovereignty also can be described as the voice of the people. Popular sovereignty is thus a basic tenet of most democracies. that individuals choose to enter into a social contract with one another, thus voluntarily giving up some of their natural freedom in return for protection from dangers derived from the freedom of others. Whether men were seen as naturally more prone to violence and rapine (Hobbes) or cooperation and kindness (Rousseau), the idea that a legitimate social order emerges only when the liberties and duties are equal among citizens binds the social contract thinkers to the concept of popular sovereignty. American revolutionaries generally agreed and were committed to the principle that governments were legitimate only if they rested on popular sovereignty Chapter 3

American Civics 5/11/2018 F T Chapter 3

Reaching the Goals of the Constitution
Limited Government Kept the gov’t from gaining too much power Majority Rule System in which decisions made by more than half the people are accepted by all Makes our republic work successfully Powers of the People Bill of Rights– 1st ten amendments

Goals of the U.S. Constitution
Section 1: Ideals of the Constitution Listed in the Preamble Goals of the U.S. Constitution To form a more perfect union Establish justice Insure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty Than what they had under the Articles of Confederation 1 2 3 4 5 6

Section 1: Ideals of the Constitution
American Civics 5/11/2018 Section 1: Ideals of the Constitution The Main Idea The Constitution is an agreement between the citizens of the Untied States and the government that the people will grant powers to the government. In return, the government is to carry out the goals of the Constitution. Reading Focus How did the Pilgrims influence the framers of the Constitution? What are the goals of the U.S. government as outlined in the Constitution? What are the powers the Constitution gives to the federal and state governments? The Preamble to the Constitution sets out the origin, scope and purpose of the Constitution. Its origin and authority is in "We, the people of the United States". This echoes the Declaration of Independence. "One people" dissolved their connection with another, and assumed among the powers of the earth, a sovereign nation-state. The scope of the Constitution is twofold. First, "to form a more perfect Union" than had previously existed in the "perpetual Union" of the Articles of Confederation. Second, to "secure the blessings of liberty", which were to be enjoyed by not only the first generation, but for all who came after, "our posterity".[31] It is an itemized social contract of democratic philosophy. It details how the more perfect union was to be carried out between the national government and the people. The people are to be provided justice, civil peace, common defense, those things of a general welfare that they could not provide themselves, and freedom. A government of "liberty and union, now and forever", unfolds when "We" begin and establish this Constitution.[a][33] What gives the government the right to tell you what to do? You do As a citizen, you consent, or give your permission, to be governed every time you vote—or choose not to. In the 1600s most people were governed or ruled with-out their consent. These Pilgrims knew they needed some government, so they took the next step. They willingly gave their consent to be ruled by a government that they would create. Chapter 3

Powers of the Federal and State Governments:
Section 1: Ideals of the Constitution Powers of the Federal and State Governments: The Federal System was created from a need for a strong central government, independent state governments, and to preserve self-government. The federalist system divides powers between two different levels, the national, or federal, government and the state governments. Limited government

The Constitution establishes federal and state powers.
Section 1: Ideals of the Constitution The Constitution establishes federal and state powers. Ex. Coining & printing money. Trade with foreign countries, declare war Delegated powers give the federal government strength to protect and serve the country. Reserved powers are kept for the states to manage their own affairs and to balance the power of the federal government. Concurrent powers are held by both state and federal governments. Or for the people Powers not specifically given to the federal government Ex. Schools, conducting elections, marriage laws shared Ex- Raising funds through taxation & borrowing, charter banks, establish courts, punish lawbreakers

The Constitution establishes federal and state powers. (continued)
Section 1: Ideals of the Constitution The Constitution establishes federal and state powers. (continued) The federal government is “the supreme law of the land” that all states must defer to. Limited government checks the powers of the federal and state governments. The Bill of Rights protects the powers of the people.

to keep each from getting too strong
SECTION 1 Question: Why did the Constitution establish separate powers for the state and federal governments? to keep each from getting too strong state government federal government

raise funds through taxation, borrow
money, establish courts, create banks, enforce laws, provide for health and welfare of citizens print money, control trade with other nations, provide for country’s defense conduct elections, regulate trade within state, establish local governments

F F T F

Section 2: The Three Branches of Government
American Civics 5/11/2018 Section 2: The Three Branches of Government The Main Idea The Constitution prevents any person, or any part of the government, from taking too much power. It does this by creating three separate branches of the federal government and distributing power among them. Reading Focus Why does the Constitution provide for the separation of powers? What are the main responsibilities of each of the three branches of government? How does the system of checks and balances work? Having all government power in the same hands is, in James Madison’s words, “the very definition of tyranny.” Chapter 3

Separation of Powers: Section 2: The Three Branches of Government
Ensures no person or branch of government is too powerful Distributes power among three branches of government: Legislative Judicial Executive 3 way division of power 1 2 3

American Civics 5/11/2018 Separation of powers refers to the division of power among the three branches of the national government. Federalism refers to the sharing of power between the national government and the states. Chapter 3

The Three Branches of Government:
Section 2: The Three Branches of Government The Three Branches of Government: 1st branch I Legislative—the lawmaking branch Described in greater detail than the others Also controls the money of the national government Executive—executes the country’s laws President is head of the branch Pres., VP, 15 exec. depts., 1,000s of agencies, commissions, & offices Judicial—interprets laws and punishes law breakers Supreme Court as head of branch Senate & House of Reps. (Carries out) II III

make laws Senate House of Representatives enforce laws president interpret laws Supreme Court

legislative legislative

Keeps any one branch from becoming too powerful
Section 2: The Three Branches of Government Checks and Balances: Each branch has powers no other branch can assume. Each branch has powers that limit the powers of the other branches. Keeps any one branch from becoming too powerful

Checks and Balances Veto- Power of the President to refuse to sign a bill Congress has the power to pass laws over the president’s veto Override with 2/3rds vote by both houses The Judicial branch can check the Executive branch by ruling actions taken by the president are unconstitutional

Checks and Balances (Judicial):
Section 2: The Three Branches of Government Checks and Balances (Judicial): The Constitution says relatively little about the judicial branch The Supreme Court defined the role of the judicial branch through one major ruling. Marbury v. Madison established the principle of judicial review It is up to the courts to review the acts of the other branches of government and decide whether the government has acted correctly “Unconstitutional”

House of Representatives Senate override presidential veto
American Civics 5/11/2018 make laws House of Representatives Senate override presidential veto enforce laws . veto president interpret laws Supreme Court declare laws unconstitutional to keep the branches from abusing their power ) with a two-thirds majority in both houses of Congress Chapter 3

SECTION 2 Question: Why does the Constitution provide for the separation of powers? Executive to ensure that no one branch of the U.S. government becomes too powerful Legislative Judicial

Section 3: An Enduring Document
American Civics 5/11/2018 Section 3: An Enduring Document The Main Idea The Constitution is an enduring document that has met the needs of a changing country for more than 200 years. Reading Focus How did the framers envision change when writing the Constitution? What are two ways in which the Constitution may be changed? One of the most important features of the Constitution is its durability The U.S. Constitution is truly an enduring document Altering the Constitution is difficult. The framers wanted the Constitution to endure the influence of politics and temporary changes of public opinion. The Constitution can be changed in two ways: formally by amendment and informally by government acts or by custom. Article V of the Constitution outlines the process for making amendments. Proposed amendments must be approved by three-fourths of the states. The process can take a long time, and success is never certain. Lawmakers have succeeded in changing the document only 27 times, a small number considering how much the nation has grown and changed An amendment may be proposed in two ways: • Congress can propose an amendment by a two-thirds vote in both houses. • The legislatures of two-thirds of the states—34 out of 50—can ask Congress to call a national convention to propose an amendment. Chapter 3

The Constitution is a living document.
American Civics 5/11/2018 Section 3: An Enduring Document The Constitution is a living document. It was designed to adapt to a growing, changing nation. There are three ways the Constitution can be adapted to changing needs: Amendment—a written change to the Constitution Interpretation—when the Constitution is interpreted in a new way Custom—traditions often referred of as the “unwritten Constitution” There are two ways an amendment may be ratified. The method of ratification must be described in each proposed amendment. • The proposed amendment can be sent to the state legislatures for approval. All but one of the amendments to the Constitu- tion were approved this way. state conventions for consideration. After an amendment has been ratified by three-fourths (38) of the states, it becomes part of the written Constitution another amendment can be passed to repeal or cancel, it. Chapter 3

American Civics 5/11/2018 living Chapter 3

Section 3: An Enduring Document
American Civics 5/11/2018 Section 3: An Enduring Document The Main Idea The Constitution is an enduring document that has met the needs of a changing country for more than 200 years. Reading Focus How did the framers envision change when writing the Constitution? What are two ways in which the Constitution may be changed? The U.S. Constitution is truly an enduring document Altering the Constitution is difficult. The framers wanted the Constitution to endure the influence of politics and temporary changes of public opinion. The Constitution can be changed in two ways: formally by amendment and informally by government acts or by custom. Article V of the Constitution outlines the process for making amendments. Proposed amendments must be approved by three-fourths of the states. The process can take a long time, and success is never certain. Lawmakers have succeeded in changing the document only 27 times, a small number considering how much the nation has grown and changed An amendment may be proposed in two ways: • Congress can propose an amendment by a two-thirds vote in both houses. • The legislatures of two-thirds of the states—34 out of 50—can ask Congress to call a national convention to propose an amendment. Chapter 3

Envisioning Change & Changing the Constitution:
American Civics 5/11/2018 Section 3: An Enduring Document Envisioning Change & Changing the Constitution: It was designed to adapt to a growing, changing nation. There are three ways the Constitution can be adapted to changing needs: Amendment—a written change to the Constitution Interpretation—when the Constitution is interpreted in a new way Custom—traditions often referred of as the “unwritten Constitution” 1 2 3 There are two ways an amendment may be ratified. The method of ratification must be described in each proposed amendment. • The proposed amendment can be sent to the state legislatures for approval. All but one of the amendments to the Constitu- tion were approved this way. state conventions for consideration. After an amendment has been ratified by three-fourths (38) of the states, it becomes part of the written Constitution another amendment can be passed to repeal or cancel, it. Chapter 3

Changing the Constitution:
Section 3: An Enduring Document Changing the Constitution: The government adapts to the changing conditions and needs of the country. The people can repeal constitutional amendments if necessary. Minimum wage laws are an example of flexible interpretation of the Constitution. To Cancel (in this case with another amendment)

Section 3: An Enduring Document Article V outlines the process for making amendments Amending Changing the Constitution: Proposal by two-thirds vote in both houses of Congress, or by two thirds of state legislatures calling for a national convention to propose the amendment The proposal must be ratified by three fourths of the states. Proposals may be sent to the state legislatures or to state conventions for ratification. Approved amendments may be repealed by new amendments. = 38 States Approved 18th is an example

A number of changes in the federal government have come about simply through custom and tradition Cabinet- Advisors to the President Tradition sometimes referred to as part of the unwritten Constitution Leaders of the executive depts.

The Supreme Court has the power to decide if Congress has interpreted the Constitution correctly The Court’s interpretation is final. If the Supreme Court rules that a law is unconstitutional, the law is dead If the Court upholds the law, it remains in effect. Congress may rewrite the law.

Why the Constitution Is Called a Living Document
SECTION 3 Question: Why is the Constitution called a “living” document? Why the Constitution Is Called a Living Document because its provisions enable government to change to meet changing conditions

living amendment interpretation amendment Article V ratification repealed Congress Supreme Court cabinet unwritten

(1) Congress can propose an amendment by a two-thirds vote in both houses.
(2) The legislatures of two thirds of the states can ask Congress to call a national convention to propose an amendment The amendment can be sent to state legislatures for approval. (2) The amendment can be sent to state conventions for approval.

Chapter 3 Wrap-Up What are the six goals of government as stated in the Preamble of the U.S. Constitution? What are the three branches of the federal government, and what are their primary responsibilities? How does the system of checks and balances in the federal government work? What makes the Constitution of the United States a living document? How can the Constitution be amended?

Chapter 3 The U.S. Constitution

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