1. Government, Chapter 3
The Constitution

2. Structure and Principles
The Constitution is only 7,000 words
Preamble- introduction, why it was written.
Articles- The first three articles describe the three branches of government
1- Legislative branch: Makes Laws
2- Executive branch: Carries out and enforce laws
3- Judicial branch: Rules on Constitutionality of laws and actions

3. Structure Articles continued 4. Relationships between States
5. Amendments
We’ll watch some videos of some of the more important amendments and discuss them in Section 4
Amendments 1, 2, 13, 14, 15, 18(and 21), 19, 24, and 26
6. Supremacy clause- The Constitution, laws passed by congress, and treaties are “the supreme law of the land”.
7. Ratification- 9 of 13 States needed to make the Constitution official

4. Quick Look of the Structure of the Constitution
1- Legislative branch: Makes Laws
2- Executive branch: Carries out and enforce laws
3- Judicial branch: Rules on Constitutionality of laws and actions
4. Relationships between States
5. Amendments
6. Supremacy clause
7. Ratification- 9 of 13 States needed.

5. Structure Amendments- Additions and changes to the Constitution
27 in all, first 10 are the Bill of Rights

6. Major Principles of the Constitution
Constitution Based on these concepts
Popular Sovereignty
Federalism
Separation of Powers
Checks and balances
Judicial Review- Marbury v. Madison 1803
Limited Government
In groups, you will first define your term
You will then create a skit to portray your term to the class

7. Major Principles of the Constitution

8. Section 2: The 3 Branches of Government

9. The Legislative Branch

10. The 3 Branches of Government
Legislative Branch
House- The voice of the people
Main responsibility is to pass laws
Expressed/enumerated powers
Powers directly stated in the constitution
Coin money
Borrow money
Declare war
Elastic clause- “Necessary and Proper Clause”
A.K.A. implied powers
Lets Congress stretch powers to meet situations the Founders could not anticipate
Just a Bill:

11. Checks and Balances of the Legislative Branch
Checks and Balances – each of the branches holds powers that limit the powers of the other branches
Checks of the legislative branch:
Impeachment- House accusation of federal official
Over ride of veto- 2/3rds
Senate confirmation of Presidential appointments
Nah.

12. The Executive Branch

13. The Executive Branch Article II on purpose Some vague powers
Why?
Some vague powers
“The executive Power shall be vested in a President of the United States of America”
Though its not specifically mentioned in the Constitution, a president can:
Fire officials in the executive branch
Make agreements with foreign nations
Take emergency action to save the nation
There are also 10 specific powers listed, which include:
Commander in Chief
Pardons
Appointments
Treaties (with Senate’s consent)
SNL Executive Order:
Snowden:

14. Presidency Now and Then
Early presidents would not recognize the office today
Then: Tea parties and open doors
Now: Schedules by the minute, fleet of helicopters and airplanes
Tradition to quit after 2 terms
The 22nd amendment made this official
Executive agreements used more often.
International agreements with other countries
Not a treaty, so Congressional approval is not needed.
Elvis:
White House jumper:
Obama helicopter:

15. The Judicial Branch

16. Judicial Branch Appears to be the weakest 9 justices
Main job is to interpret the constitution and determine if laws are constitutional (allowed)
Supreme Court is the highest court of the land
There are federal courts and state courts at lower levels
The Supreme Court is the final say

17. Jurisdiction
Jurisdiction – the official power to make legal decisions and judgements
Original Jurisdiction – The Supreme Court hears a case for the first time
U.S. Laws
Treaties with foreign nations
Interpretations of the Constitution
Bankruptcy cases
Appellate Jurisdiction – The Supreme Court reviews a case that has been appealed in a lower court
Federal court rulings
State court rulings

19. The Supreme Court Then and Now
Back then:
Did not even have a building
Had to “ride circuit”, travel to hear cases when not in session.
John Jay the 1st Chief Justice
Marbury v. Madison, 1803, elevated their status to equal among the three branches.
Nowadays:
They have their own building (1935)
They hear about 80 cases a year (hand selected)
They rule on about 50 more without a hearing

20. Class Activity The class will be made up into 3 Branches Executive
We will have a quick election that does not reflect how elections are actually run in the United States
Judicial
The president will appoint 3 Supreme Court Justices
The Senate will approve or deny these appointments
Legislative
The rest of the class will be the Senate
You will make a new law that the class will have to follow next class
Checks and Balances
The other branches will perform their duties in order to pass or deny the law from being passed

21. Section 3: Amending the Constitution

22. Announcements/ Agenda
Covering Chapter 3, section 3 today.
Projects Due next class. We will present in order of Amendments.
EDMODO has be extended until 12/9/16. No article for 12/15!
Quiz on Key Terms for Chapter 13 Dec. 8
Classwork- Chapter 3, sections 3 and 4 (1,3,4,5) Complete Sentences
Last Test- Chapter 3 and 13
Government Final- we will follow the school wide finals schedule.

23. Bell Ringer
Read the quote and answer the following questions:
What is John Marshall saying in your own words?
What does he imply concerning the country in the future?
What does he think is necessary to happen to the Constitution in the future?
“We must never forget that it is…a Constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.”
-John Marshall, 1819

24. Amending the Constitution
Amendments: Additions or changes to the Constitution
There are two ways to ratify, or pass, an amendment:
Proposed by 2/3 of Congress and ratified by ¾ of state legislatures
Has happened all 27 times
Proposed by 2/3 of state legislatures and ratified by ¾ State legislatures/conventions
Has never happened

26. Indirect Ways the Constitution Can Change
Through Law- Laws can clarify or expand certain powers.
Example: Article I says Congress can “lay and collect taxes”
But what does that mean?
Since then, Congress has passed laws on tax codes expanding ability to tax
Through Practices- Not passing a law, but just acting upon it the way it is seen fit
Example: Article I says the House can impeach(accuse) federal officials, and the Senate conducts the impeachment trial.
The Constitution says that official can be removed if convicted of “treason, bribery, or other high Crimes and Misdemeanors”
What is a high crime or misdemeanor?
That is up to Congress to decide (what that means)
Two presidents have been impeached, but none have been removed
Andrew Johnson and Bill Clinton
Richard Nixon resigned before he could be impeached
Clinton on Lewinsky:

27. Informal Presidential Changes to the Constitution
Presidential Succession – was assumed until 1967
1841 – Pres. William Henry dies in office, VP John Tyler becomes president
25th Amendment (1967) officially sets the rules for succession
Foreign Affairs – Treaties are mentioned in the Constitution, not executive agreements
Treaties = agreements between nations approved by senate
Executive agreements = agreements between heads of state
Domestic affairs- Legislation initiated by the President
The Founding Fathers thought the executive would be concerned mostly with laws passed by Congress
These days, presidents have been much more aggressive in requesting legislation by Congress

28. Court Decisions and the Constitution
How should The Supreme Court practice judicial review?
Judicial restraint- Courts should not take the initiative
Court should only act if there is clearly a constitutional violation
Judicial activism- Court should play a role in shaping policy
Chief Justice Earl Warren, from , took on many controversial cases.

29. Section 4: The Amendments

30. Bill of Rights = First 10 Amendments
There have been 27 changes or additions to the Constitution (amendments)
Bill of Rights
1st- Freedom of expression
2nd Right to bear arms
3rd- No quartering soldiers
4th- Search warrants, probable cause
5th- Grand jury, Double jeopardy, self incrimination, and eminent domain
6th- Speedy trial, change of venue, and lawyer
7th- Jury trial
8th- excessive bail, excessive fine, and cruel and unusual punishment
9th- All rights retained by the people.
10th- States rights

31. First Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Freedom of Speech, religion, press, assemble, and petition
Within limits
Slander and libel
Clear and present danger
School and other institutions serve as examples of limited use
Tinker vs. Des Moines ( )
Hazelwood vs. Kuhlmeier (1988)
Amendment 1:

32. Second Amendment
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The Right to Bear Arms
One of the most controversial
The amendment applies to “a well regulated militia”
But it also applies to “the right of the people”
Intended to protect the people
The Founding Fathers did not anticipate the rates of murder and crime as they are today
Amendment 2:
Pro-Gun Argument:

33. Other Amendments Civil War Amendments
13- Slavery is abolished (1865)
14- Citizenship is defined (1868)
15- African Americans can vote (1870)
Suffrage Amendments (The right to vote)
19- Women can vote (1920)
23- Washington DC gets electors in the electoral college (1961)
24- Poll tax illegal (1964)
year-olds and up can vote (1971)
Reversed Amendments
18-Prohibition of Alcohol (1919)
21-Repeal of Prohibition Amendment (1933)
Amendments 13, 14, and 15:
Amendment 19:
Amendment 26:
Amendment 18 (then Amendment 21):