1. The United States Constitution
A framework for democracy

2. The Constitution
The final product of the Constitutional Convention and a series of compromises made therein, the United States Constitution provides a template for the structure of our democratic nation.

3. Three Important Compromises
The Constitution
Three Important Compromises
Great Compromise
3/5th’s Compromise
Presidential/Executive Compromise
(See the Constitutional Convention powerpoint for more
information. WOW - the amazing logic and creativity of
Mr. Johnston’s brain! Scary!! <shivers>

4. The Constitution
Our Constitution was influenced by such events as the:
The tyranny of King George III
The failure of the Articles of Confederation
The philosophy of John Locke

5. The Constitution An overview
The first three articles of the Constitution established the three branches of our government
Preamble
Article I
Legislative Branch
Article II
Executive Branch
Article III
Judicial Branch

6. The Constitution
Preamble – Introduction to the Constitution, it explains the reasoning behind the creation of the document and the overall goal of the founders
“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.”

7. Article I: Legislative Branch
The Constitution
Article I: Legislative Branch
Who? Senate and House of Representatives
Make our laws
Appropriate Money
Regulate Immigration
Establish Post Offices and Roads
Regulate Interstate Commerce and Transportation
Declare War

8. The Constitution
Congress divided:
House of Representatives
Senate

9. Article II: Executive Branch
The Constitution
Article II: Executive Branch
Who?  The President of the United States
Chief Executive
Chief of State
Chief Legislator
Commander in Chief

10. Article III: Judicial Branch
The Constitution
Article III: Judicial Branch
Who?  Supreme Court and Federal Courts
Preserve and protect the rights guaranteed by the Constitution
Considers cases involving national laws, settles disputes between the States
Interprets the Constitution
Declares laws and acts “unconstitutional”

11. Six Central Principals of the Constitution
Federalism - National Central Government and State Government
Popular Sovereignty - Representative government
Limited Government - Prevents tyranny
Separation of Powers - Limiting power by spreading it across all three of the branches
Checks and Balances - Limiting power by dividing it against itself
Judicial Review – Determining the constitutionality of government actions.

12. The Concept of: Federalism
The Constitution
The Concept of: Federalism
The division of power between State and National Governments
The National Government has the “supreme power”
Ideally the federal system offers the advantage of national unity while allowing the states a measure of freedom to handle their own affairs

13. Constitution – Federal Government
The Constitution
Constitution – Federal Government
There are powers granted to the Federal government
impose taxes (income tax)
declare war (Congress)
There are restrictions on the Federal government
no ex post facto laws
no duties (taxes) on State exports

14. The Constitution Federal Powers Taxes Capital Commerce
Patents
Post Office
Judiciary
War
Armies/Navy
Capital
Powers needed to carry out the aforementioned

15. Constitution – State Governments
The Constitution
Constitution – State Governments
There are powers granted to state governments
determine when Representatives elected
powers not prohibited and not delegated to Federal
There are restrictions on state governments
can't enter into treaties
can’t grant nobility

16. The Concept of: Popular Sovereignty
The Constitution
The Concept of: Popular Sovereignty
The people hold the ultimate authority
A representative democracy lets the people elect leaders to make decisions for them.
Bob Casey Jr. (D) and Pat Toomey (R) are our elected officials in the Senate.

17. The Concept of: Limited Government
The Constitution
The Concept of: Limited Government
Framers wanted to guard against tyranny
Government is limited to the power given them in the Constitution.
The Constitution tells how leaders who overstep their power can be removed

18. The Concept of: Separation of Powers
The Constitution
The Concept of: Separation of Powers
No one holds “too much” power
Legislative branch makes the laws
Executive branch carries out the laws
Judicial branch interprets the laws

19. The Concept of: Checks and Balances
The Constitution
The Concept of: Checks and Balances
Prevents the abuse of power in government by spreading the power across the three branches
Each branch can check each of the other branches

20. The Concept of: Judicial Review
The Constitution
The Concept of: Judicial Review
The power to determine that acts of government are “constitutional” or “unconstitutional”.
Not defined in the Constitution but the Framers’ intended for the Federal Courts and State Courts to have this power.
In 1803, Marbury v. Madison established that the Federal Courts could determine the Constitutionality of Federal and State laws.

21. The Constitution Executive Checks Propose laws to Congress
Veto laws made by Congress
Negotiate foreign treaties
Appoint federal judges
Grant pardons to federal offenders

22. The Constitution Legislative Checks Override president’s veto
Ratify treaties
Confirm executive appointments
Impeach federal officers and judges
Create and dissolve lower federal courts

23. The Constitution Judicial Checks
Declare executive acts unconstitutional
Declare laws unconstitutional
Declare acts of Congress unconstitutional
The Supreme Court holds the final check

24. Flexibility in the Constitution
The Constitution is a flexible document meaning that it can be changed. Flexibility is important because the document needs to be able to change to meet the times.
The Amendment Process
The Necessary and Proper Clause (aka the Elastic Clause)