1. U.S. CONSTITUTION

2. ORGANIZATION PREAMBLE 7 ARTICLES AMENDMENTS INTRODUCTION (GOALS)
1 THROUGH 10 = “BILL OF RIGHTS”
11 THROUGH 27

4. Video – Organization of the Constitution

5. 7 ARTICLES ARTICLE I - LEGISLATIVE BRANCH
ARTICLE II - EXECUTIVE BRANCH
ARTICLE III - JUDICIAL BRANCH
ARTICLE IV - STATES/FEDERAL GOVT
ARTICLE V - AMENDING CONST.
ARTICLE VI - PUBLIC DEBTS
ARTICLE VII - RATIFICATION PROCESS

6. Powers Vested In the Constitution
Expressed(Enumerated) Powers
Powers Specifically mentioned in Constitution (Articles 1-7)
Elastic Clause – “Implied Powers”
“Necessary and Proper Clause”
Allows Congress to “Stretch” it’s Powers
Concurrent Powers
Powers Shared By Both Federal and State Governments
Reserved Powers – 10th amendment – States
Denied Powers – Habeus Corpus, Bills of Attainder, Ex Post Facto Laws, Titles of Nobility

7. Elastic Clause Aka – “Necessary and Proper Clause”
Art. I, Sec. 8, Cl "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

8. Major Principles Section 1-9
The Constitution rests on six major principles of government: 
popular sovereignty 
federalism 
separation of powers 
checks and balances 
judicial review 
limited government
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9. Federalism
Section 1-11
The Constitution created a federal system of government. 
Under federalism, power is divided between national and state governments. 
Federalism gives the United States a flexible system of government under which the national government has the power to act for the country as a whole, and states have power over many local matters. 
The Founders chose federalism because it formed a strong union without giving all of the power to the central government.
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10. Separation of Powers Section 1-12
Under separation of powers, the Constitution limits the central government by dividing power among the legislative, executive, and judicial branches.
By Separating the Powers – it ultimately LIMITS the power of the government!
This separation helps prevent any branch from gaining too much power.
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11. Limited Government Section 1-17
The principle of limited government means that the Constitution limits the actions of government by specifically listing powers it does and does not have. 
The first 10 amendments set specific limits in the areas of freedom of expression, personal security, and fair trials.
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12. LO 2.2 Back to learning objectives LO 3.1
Here is the list of times that branches actually checked the other branches—notice how infrequent they are use. Discuss with students that it is usually the threat of the check that can work.
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13. Presidential Vetos

14. LO 2.2 Back to learning objectives LO 3.1
This chart shows each branch’s check on the other branches. Discuss with students how the judiciary has fewer checks and balances than the others—does it make it less powerful?
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16. CQ 03-03

17. Judicial Review and the “Guardians of the Constitution” LO 2
Judicial Review and the “Guardians of the Constitution” LO 2.3 Show how the use of judicial review strengthens the courts in a separation of powers system.
LO 3.1
LO 2.3
Judicial Review
Origins of Judicial Review
Federalists supported judicial review
Marbury v.Madison (1803)
Judiciary becomes the guardian
Judicial review is the power to strike down a law or a government regulation that judges believe conflicts with the Constitution. The judiciary did not claim this power until years after the Constitution had been adopted. The document itself does not assign the power of interpreting its meaning, but Federalists generally supported a strong role for the courts and favored judicial review.
In 1803, the Supreme Court gave itself judicial review in a landmark decision. Adams and the Federalists “packed” the judiciary which angered Jefferson as he took office. Marbury never received his commission and sued. The Judiciary Act of 1789 had given the Supreme Court the power to direct other officials to perform a duty. Marshall ruled that the Act was unconstitutional because Congress could not give power to another branch. Thus Marbury didn’t get his judgeship—which Jefferson wanted—but the Court got the power to say something is unconstitutional, which Jefferson had to agree with or he had to let Marbury have his position.
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18. Why Has The Constitution Survived for So Long?
It’s Simple
Not Too Specific
Very Broad Language - Interpreted Many Ways
Flexible - Provides for an amendment process that is difficult but manageable

19. Do We Need A Change? Constitution is 220 Years Old!
In 1787, 3.93 million population in 2007, 315+ million population
Nuclear Weapons, Pollution, Poverty

20. Is The Constitution Outdated?
Arguments in Favor:
Can it solve Today’s Problems?
Need Strong Gov.
Anti-Majority Sentiment

21. Arguments In Support Allows for Flexibility/Adaptation
Development of different agencies to serve will of the people
Serves as a basic “symbol”
“If it’s not broke, don’t fix it”
U.S. has become #1 in the World under the present Constitution

22. WHAT IS CONSTITUTIONALISM?
CONSTITUTION IS THE HIGHEST LAW
CAN A COUNTRY HAVE A CONSTITUTION AND NOT PRACTICE CONSTITUTIONALISM?

23. Section 3 How Do We “Amend” It?
Proposed in either House - 2/3 vote Or
2/3 State legislatures Request National Convention (Never Occurred)

24. LO 2.4 Back to learning objectives LO 3.1
This maps out the ways that amendments can be proposed or ratified.
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25. Section 3-8

26. LO 2.4 Back to learning objectives LO 3.1
This table shows how the amending power has been used. Note that amendments have been categorized into five types of changes. Discuss with students whether these amendments resulted in stronger or weaker federal government.
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27. Ratification Process
Amendment Ratified by 3/4 State Legislatures (38 states within 7 years)
Special Ratifying Convention Called by the States
Used Only Once - 21st Amendment
Very Costly and Time Consuming!

28. LO 2.4 Back to learning objectives LO 3.1
When discussing ratification with students, use this chart to demonstrate how long it can take for an amendment to be ratified. The text uses the story of the Equal Rights Amendment to demonstrate how politics can play a role in whether an amendment is ratified. Discuss with students that the 27th amendment took 203 years to ratify—amendments generally now have time limits on them.
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29. Other Ways To Change Constitution
Judicial Decisions
“Separate but Equal” ruled Unconstitutional
Action By Congress
Regulation of Commerce
Civil Rights Act of 1964
Action By President
War Powers
Executive Orders
Executive Privilege – Nixon vs United States

30. Other Ways To Change It Political Parties Customs and Traditions
FDR “Pack the Court Scheme”
2 terms for President
Question: What Will Be the 28th Amendment???

31. Why Only 27 Amendments?
Long and Difficult Process
Need Large Approval of Lawmakers
Strong Public Opinion Needed to Persuade the Legislators