1. UNIT 2

2. THE CONSTITUTION
Chapter 3

3. STRUCTURE AND PRINCIPLES OF THE CONSTITUTION
Chapter 3

4. How does the U.S Constitution structure government and divide power between the national and state governments?

5. Principles of the Constitution
Popular Sovereignty
Rule by the people; the authority of the government comes from the people
Limited Government
The government may only do those things that the people have given it the power to do

6. Principles of the Constitution
Federalism
Power is divided between the federal (national/central) government and the state government
Creates a union between the levels of government that allows for flexibility for the national government to act on issues that affect the whole country, while allowing state and local governments to act on local matters
Separation of Powers
Limits the national government by dividing power among the legislative, executive, and judicial branches
Each branch has specific duties and it prevents any single government institution from becoming too powerful

7. Principles of the Constitution
Checks and Balances
Each branch of government exercises some control over the other two
The three branches are not entirely separated nor completely independent of one another
Individual Rights
Specifically states the freedoms given and protected from government overreach
These rights are not unlimited, however, as all individual rights are balanced with the government’s need to provide for the public good

8. Principles of the Constitution
Judicial Review
The power of the courts to determine whether what government does is in accord with what the Constitution provides
Republicanism
The people elect representatives to rule on their behalf

9. Principles of the Constitution
Location in the Constitution
Popular Sovereignty
Preamble and Amendment 9
Limited Government
Articles 1, 2, and 3
Federalism
Amendment 10
Separation of Powers
Checks and Balances
Individual Rights
Preamble and the Bill of Rights (Amendments 1-10)
Judicial Review
Article 3
Republicanism
Preamble and Article 1

10. Principles of the Constitution
Popular Sovereignty
Limited Government
Separation of Powers

11. Principles of the Constitution
Checks and Balances
Judicial Review
Federalism

12. Principles of the Constitution
Republicanism
Individual Rights

13. Structure of the U.S. Constitution
The Constitution is a framework for our government.
It presents the government’s purpose, principles, powers, and limitations and tells how the government is both empowered and limited to protect the people of the nation
It is divided into three sections-the Preamble, the Articles, and the Amendments

14. Preamble
The Preamble, or introduction, explains why the Constitution was written and spells out the purpose of the government

15. Preamble of the U.S Constitution
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.

16. Form a More Perfect Union
“belief that in a union there is strength”
Establish Justice
Laws must be reasonable and fair
Insure Domestic Tranquility
Keeping peace within our borders; keeping peace “at home”
Provide for the Common Defense
Protecting the nation against foreign enemies
Promote General Welfare
Provides benefits to the people of the state; public schools, clean drinking water, safe food, etc…
Secure the Blessings of Liberty
Protects our rights and liberties as citizens of the USA

17. Articles
The Constitution includes seven main sections called articles, each of which covers a different topic about how the government is structured
Most are divided into sections and clauses.
Ex: Article 1, Section 8, Clause 3

18. Article I-The Legislative Branch
Establishes the legislative branch to make laws
Creates the Congress and describes the houses of Congress
Describes who can serve in Congress and gives the general rules for passing laws
Most of the powers of Congress are listed in Article 1, Section 8, and explain what kinds of laws Congress can make
These are called enumerated powers (expressed), because the Constitution lists them by number

19. Article II-Executive Branch
Establishes an executive branch to carry out the laws that Congress passes
Describes the powers and duties of the president
States who can become president and explains how the president and vice president are elected
Most of the specific powers of the president are defined in Article 2, Sections 2 and 3.

20. Article III-Judicial Branch
Establishes the judicial branch and the Supreme Court to head it
Gives Congress the power to create lower federal courts (inferior)
Describes the jurisdiction, or authority, of the Supreme Court and other federal courts
Much of the judicial branch’s power comes from the courts’ ability to interpret the Constitution and overturn laws that violate the Constitution (judicial review)

22. Article IV- Relationships Among the States
Describes the relationship of the states to the national government and to one another
Each state must give citizens of other states the same rights as citizens of their own state
The national government will protect the states from foreign invasion or from unrest
Explains how new states can join the country
Each state must recognize the validity of laws, public records, and court decisions of every state

23. Article V- The Amendment Process
Explains how the Constitution can be amended or changed
The Constitution has been amended 27 times (last time in 1992)
There are 4 different ways to amend the Constitution

24. Article V- The Amendment Process#1
2/3 of Congress approves the proposal
3/4 of state legislatures ratify (26) #2
3/4 of states at convention ratify (1) #3
2/3 of state legislatures approves the proposal
3/4 of state legislatures ratify (0) #4
3/4 of states at convention ratify (0)

26. Article VI-National Debts, Supremacy of National Law, and Oaths of Office
Contains the Supremacy Clause
The Constitution, federal laws, and treaties shall be the “supreme law of the land”
The federal government may accrue debt
Each government official must take an “oath of office” to uphold the Constitution

27. Article VII-Ratification of the Constitution
Addresses the ratification of the Constitution
9 of the 13 states have to ratify (approve the Constitution)

28. Amendments
The Constitution was designed to meet the challenges of a changing society
The flexibility of our Constitution allows for us to address issues that the Founding Fathers could not predict
“We must never forget that it is…a Constitution intended to endure for ages to come, and, consequently, to be adapted to various crises of human affairs”
John Marshall, 1819
In 1791 the states ratified ten amendments, which became known as the Bill of Rights.
These first changes to the Constitution were designed to protect the individual rights of the people

30. 27 AMENDMENTS

31. 1 2 3 4 5 Freedom of Speech, religion, press.
Right to petition your government and the right to assemble. 2
Right to keep and bear arms. 3
Prevents the quartering of troops 4
Protects against illegal search and seizure 5
No double jeopardy; protects against self incrimination

32. 6 7 8 9 10 Criminal proceedings; speedy, public, and jury trial
Jury in civil cases 8
Protection against excessive bail and cruel and unusual punishment 9
Unenumerated rights(example: privacy) 10
Powers reserved to the states(federalism)

33. 11 12 13 14 15 States can’t be sued without its consent
Changed the way the president and vice president are elected 13
Abolished slavery 14
Due process; guarantees right of citizenship to all person born in US 15
Prohibits the government from denying a person’s right to vote to based on race

34. 16 17 18 19 20 Power to collect income tax
People given the power to elect their senators 18
Banned the manufacture and sale of alcohol 19
Gives women the right to vote 20
Changed the inauguration date from March to January

35. 21 22 23 24 25 Replaced the 18th amendment
Limited the president to two terms 23
Granted voters in Washington DC the right to vote for president 24
Prohibited poll tax 25
Defined presidential Succession

36. 26 27 Lowered the voting age to 18
Banned Congress from increasing its own salaries until next election

38. Chapter 3 Power-Point Activity
After learning about the Constitution, what changes would you make to our Constitution?
Consider the Articles, the set-up of our government, and the amendments
Write a ¾ page response to this question. Give me your opinions!!!!

39. Unit 3 Preview…Federalism