1. The Constitution of the United States of America

2. The Constitution
The Constitution contains 4,543 words, including the signatures and has four sheets
It contains 7,591 words including the 27 amendments. The Constitution was ratified on December 1787

3. Why Does the Constitution Matter?
Constitution – body of fundamental laws which say how a government is to operate
It is the supreme law of the land
It explains how the government works
It protects your civil rights

4. A Brief Outline
The Preamble – lays out the purpose and introduces the Constitution
The Articles – the substance of governmental law
The Amendments
Uncle Sam needs you to study harder!

5. The Seven Articles I. The Legislative Branch II. The Executive Branch
III. The Judicial Branch
IV. Relations Among States
V. The Amendment Process
VI. National Debts, National Supremacy, Oaths of Office
VII. Requirements for Ratification

6. The Six Basic Principles of the Constitution
1. Popular Sovereignty – supreme power rests with and only with the people
Some parts of the Constitution mitigate popular sovereignty
Electoral College chooses the president, not popular vote
State Legislatures chose the Senate, not popular vote
Later changed to direct popular election by 17th Amendment

7. The Six Basic Principles of the Constitution
2. Limited Government
Also called constitutionalism, and rule of law
Government is not all-powerful
Powers government has and doesn’t have are listed

8. The Six Basic Principles of the Constitution
3. Separation of Powers
U.S. uses a presidential government, where the executive and legislative branches are chosen separately
Each branch has its own powers and responsibilities

9. The Six Basic Principles of the Constitution
4. Checks and Balances
Each branch is not totally independent of the others

10. The Six Basic Principles of the Constitution
4. Checks and Balances
They have powers to override each other when necessary

12. The Six Basic Principles of the Constitution
5. Judicial Review
Courts may determine whether or not what the President or Congress does is Constitutional

13. The Six Basic Principles of the Constitution
5. Judicial Review
If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden

14. The Six Basic Principles of the Constitution
6. Federalism
The national government is given certain powers by the Constitution
Whatever is left is a power for the states to use

15. The idea: Limited Government Q: To what extent should the federal government be involved in economic issues?
Position A: The federal government's powers over taxation as well as international and interstate trade allow significant latitude (POWER) in directing economic policy.
Position B: The federal government should only act to remedy unfavorable economic conditions for business activity.
EX: Should the Government implement rent control and does it even have that power?

16. The idea: Judicial Review Question: What should be the role of the courts in determining public policy?
Position A: Public policy should always be reviewed by the courts to determine constitutionality.
Position B: Public policy should be created by officials who are most informed about the issues involved.
Ex: Florida’s Governor Scott’s call to raise the minimum age to buy all guns/rifles to 21

17. The idea: Federalism Question: How should power be divided between the federal government and the states?
Position A: The Federal government should retain the most power because it is best positioned to insure fair treatment, safety and equal protection for all Americans.
Position B: The states should retain the most power because they are closer to the people, better informed on local issues and best positioned to exercise authority for their residents.
Ex: Do the school officials have the right to determine the presence of guns?

18. The idea: Checks and Balances Question: When the President makes a nomination, what should be the nature of the Senate's "advice and consent?"
Position A: The Senate should defer to the President's choice of who he wants working under him.
Position B: It is the Senate's duty to make an independent judgment of a nominee's suitability for a position serving the American people, even if that means denying the President his choice.
EX: How much flexibility should the President be allowed in nominating judges?

19. Ex. Congress approved Russian sanctions not being implemented
The idea: Separation of Powers Question: Once Congress declares war and the President assumes the role of Commander-in-Chief who decides how the war ends?
Position A: Congress, the policy making branch which represents the people, should determine peace terms.
Position B: The President as Commander-in-Chief is in the best position to determine appropriate actions.
Ex. Congress approved Russian sanctions not being implemented

20. The idea: Popular Sovereignty Question: Should voter ballot initiatives be allowed to overturn laws passed by legislative bodies?
Position A: Yes; ballot initiatives allow voters to directly participate in their government.
Position B: No; voters already express their views through election of public officials.
Ex. Are the voters views being expressed through this law and is not saggy pants a form of expression thus a violation of a persons freedom of speech?

21. The First Ten Amendments…

22. These are awesome! And you get to memorize them!
The Bill of Rights
These are awesome!
And you get to memorize them!

23. The 1st Amendment Freedom of Religion Freedom of Speech
Establishment Clause – government cannot establish a religion
Free Exercise Clause – government cannot prohibit you from practicing religion
Freedom of Speech
Freedom of the Press
Right to Assembly
Right to Petition

24. The 2nd 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

25. The 3rd Amendment
No Quartering of Soldiers in Times of Peace

26. The 4th Amendment Protection Against Unreasonable Search and Seizure
Warrants
Probable Cause

27. Announcement
Next week there will be a test on Tuesday/Wednesday over the first 9 Amendments.

28. EQ
How does our legal system honor our constitutional rights of due process?

29. Justice vs Legal system
Remember we function in a legal system, with specific procedures (Due Process)

30. The 5th Amendment
No Double Jeopardy (Can’t be charged with the same crime twice)
Right to a Jury
Protection against self-incrimination
Guarantee of Due Process of Law

31. The 6th Amendment Right to a Criminal Trial by “Impartial” Jury
Trial must be speedy, public
Must be in the state where the crime was committed
Right to legal counsel
Right to call witnesses favorable to the defendant

32. The 7th Amendment Right to a Civil Trial by Jury
Civil – not criminal, typically a lawsuit for money or to repeal a government action

33. The 8th Amendment
Protection Against Cruel and Unusual Punishment

34. The 9th Amendment-specifically enumerated in the Constitution
Rights Retained by the People
In other words, just because a right isn’t listed here in the Constitution doesn’t mean that people don’t have that right
Ex. Right to Travel

35. 12 Angry Men Complete the guide as we watch the movie 12 Angry Men.
Part of the Vocab will be on your test next Tuesday.

36. 12 Angry Men Evidence
Guilty
Not Guilty
Other Factors to Contribute:

37. The Plea
Often the ideal vision and intent of our legal system does not mirror the reality and raises questions regarding due process under the law.
As you watch the video complete the questions. Need only to watch the first 30 minutes

38. The Case of Affluenza You have been selected to be part of a trial
As you watch the case create a T-Chart and on one side create one like the previously shown T-Chart.

39. Key Parts of Article I Section 8
List of all expressed powers Congress has
Also includes the “necessary and proper” clause
Gives Congress additional “implied powers”
Section 9
Prohibits certain actions Congress may take
No ex post facto laws – punishment for doing something before it was illegal
No suspension of habeas corpus – the right to challenge one’s own detention in court

40. Read the two articles on our web-site Executive order
Travel Ban
Read the two articles on our web-site
Executive order
Executive order 2
What is an Executive Order?

41. What is an Executive Order?
Basically, an executive order is an official statement from the president about how the federal agencies he oversees are to use their resources.

42. It falls under the broader umbrella of “executive actions,” which derive their power from Article II of the Constitution, and it is the most formal executive action.

43. An executive order is not the president creating new law or appropriating new money from the U.S. Treasury — both things that are the domain of Congress; it is the president instructing the government how it is to work within the parameters that are already set by Congress and the Constitution

44. Important note:
Because it is not a law, a Presidential Executive Order is only in place as long as that President is in office.

45. Post Test Activity-grab a computer
Visit Class website and click on the link (list of current orders/memorandum/proclamations) Choose 3 and answer the following questions for each.
What is the intent of the order/memorandum/proclamation?
What maybe some unforeseen benefits, problems or consequences?
Do you support or disagree with the President on the issue?

46. Key Parts of Article II Section 2
President can appoint people to many positions
Must have “advice and consent” of the Senate
Senate takes a majority vote to confirm appointments
Section 4
Can only be removed by impeachment for “high crimes and misdemeanors”

47. Key Parts of Article IV Section 1 – Full Faith and Credit Clause
States must grant each other “full faith and credit” on “public acts, records, and judicial proceedings”
Means legal decisions of states must be respected and held to by other states
Section 2 – Privileges and Immunities Clause
States must grant residents of other states all “privileges and immunities” they give to their own residents

48. Article V - Formal Amendment Process
Step 1 – Must Be Proposed (happens at the national level)
Step 2 – Must Be Ratified (happens at the state level)
This is a reflection of federalism

49. 2 Ways to Propose an Amendment
1. 2/3 vote in both houses of Congress
All 27 Amendments were proposed this way
2. Constitutional Convention requested by 2/3 of the states
Has not ever been used

50. 2 Ways to Ratify an Amendment
1. 3/4 of state legislatures approve it
26 of the 27 Amendments were ratified this way
2. 3/4 of conventions called by the states approve it
Only the 21st Amendment was ratified this way

51. Key Parts of Article VI Section 2 – Supremacy Clause
Federal laws are always supreme over state laws, U.S. Constitution is supreme over all state constitutions

52. The 10th Amendment Powers Reserved for the States
All powers that are not given to the national government are reserved for the states

53. The politics of gun rights and gun control
Create a T chart and on one side write down the position for those who defend the right to bear arms and those who want to regulate arms.
Write down evidence that each could use to justify their position
What is one thing you would like to see regards gun regulation if any?

54. Informal Amendments
The vast majority of changes to the Constitution have not changed the words in the Constitution

55. Basic Legislation
Congress’ laws provide specific details about the vague purposes and ideas in the Constitution

56. Basic Legislation
Congress also changes its own powers over time, based on the words of the Constitution
Result of “Necessary and Proper” Clause

57. Executive Action
Presidents are always looking for ways to stretch and grow their powers
Thus, presidents today are much more powerful than in the past

58. Court Decisions
Since Marbury v. Madison, the court has had the power to declare acts of the president and Congress unconstitutional

59. Court Decisions
This power is called judicial review, and the court uses it to tell us what they interpret the Constitution to mean

60. Party Practices
Political parties did not exist at the nation’s start, but they have become an almost necessary element

61. Party Practices
The electoral college used to decide together who would be the president. Now, they just “rubber stamp” the choice of voters

62. Custom
Many customs have developed that we follow just as strongly as laws
Senatorial Courtesy – when nominating a judge, the president always asks the permission of the two Senators from the judge’s state
Cabinet – 15 advisors for the president are not in the Constitution