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Lesson 2: The Three Branches of Government
U.S. Government Ch. 3: The Constitution z Lesson 2: The Three Branches of Government
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The National Government
z The National Government To become law, the Constitution had to be ratified by nine of the thirteen states. In The Federalist Papers, James Madison, Alexander Hamilton, and John Jay argued in support of the Constitution.
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Legislative Branch z The enumerated powers of Congress are listed in Article 1, Section 8 of the Constitution, which explains what kinds of laws Congress can make. The final clause gives Congress authority to make whatever laws are “necessary and proper” to carry out its other powers.
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Executive Branch The president heads the executive branch.
z Executive Branch The president heads the executive branch. The executive branch includes federal agencies, commissions, government corporations, and boards that carry out specific duties. The president is empowered to grant pardons, make treaties, appoint key officials, and serve as commander in chief of the military.
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The Judicial Branch z Article III establishes the federal court system, consisting of a Supreme Court and the lower courts. The judicial branch’s power comes from judicial review, the court’s ability to interpret the Constitution and overturn laws that violate it. This power gives the judicial branch a status equal to the other two branches of government.
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Relations Among Branches
Checks and balances, political parties, and the different kinds of power held by each branch are sources of conflict, but in the end they must cooperate with one another to get anything done.
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President of the Day: James Madison
z President of the Day: James Madison 4th President of the United States. He was the shortest president to date standing at 5 ft. 4 in. tall. Known as the “Father of the Constitution.” Married to Dolly Madison, another dynamic First Lady. They had to leave the White House during the War of because the British set it on fire.
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z Lesson 3: Amendments
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Amending the Constitution
The amendment process allows the Constitution to be adapted as times change. IT IS FLEXIBLE! But not easy to amend. There are two steps to amending the Constitution— proposing an amendment and ratifying an amendment. A proposed amendment must be ratified by three- fourths of the state legislatures or by three-fourths of the states through ratifying conventions. Congress sets a time limit, Of the more than 11,000 proposed amendments, only 27 have been ratified.
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The Bill of Rights z The FIRST 10 Amendments of the Constitution, guaranteeing individual rights. The First Amendment guarantees basic freedoms, the Second ensures the right to security, and the Third and Fourth protect the homes and privacy of citizens. The Fifth, Sixth, Seventh, and Eighth Amendments protect people accused of crimes. The Ninth Amendment states that rights not named are kept by the people, and the Tenth says that powers not given to the federal government belong to the states or the people.
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The Later Amendments z Seven of the later amendments modify the structure of the government or the powers of the different branches. Two amendments gave the government more power, but one of these was repealed by a later amendment. PROHIBITION. Seven amendments extend individual rights, particularly the right to vote.
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Changes to our Understanding of the Constitution
z While amending the Constitution is the only way to change it, the interpretation of its meaning has changed over time. As modern presidents have extended their power, their role in government has grown. The fact that portions of the Constitution are written in language that leaves room for interpretation and adaptation has helped the Constitution survive.
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President of the Day William McKinley
*25th President of the United States *Served during the Civil War, fought at the Battle of Antietam. *He was shot by an assassin and died 8 days later, thrusting his Vice President, Theodore Roosevelt into the presidency. *First President to ride in a car. *McKinley’s portrait was featured on the $500 bill, last printed in 1934. President of the Day William McKinley
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Lesson 4: State Constitutions and Local Charters
z z Lesson 4: State Constitutions and Local Charters
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The Structures of State Governments
z State legislatures pass laws that deal with state issues. Each state’s executive branch is headed by a governor with the power to carry out state laws. State constitutions establish courts to interpret state laws. A state constitution cannot conflict with the U.S. Constitution
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Rights and Amendments in State Constitutions
Each state’s constitution includes a bill of rights containing all or most of the rights found in the U.S. Constitution’s Bill of Rights. State constitutions can be amended by ballot initiatives, amendments proposed by the legislature, constitutional conventions, or constitutional commissions. Any amendment to a state constitution that a federal court determines is in conflict with the U.S. Constitution must be removed.
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Local Governments and Charters
z Local governments exist only if a state constitution creates them and gives them authority. State governments issue charters to local communities to form their own governments. Local charters and laws cannot conflict with the state constitution or the U.S. Constitution.
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President of the Day: John Fitzgerald Kennedy
*The 35th President of the United States *He donated his congressional (he was a Congressman first) and presidential salaries to charity. He kept very quiet about this, this information was not made public until after his death. *He was the first Catholic president. *He battled poor health, from childhood. He received “last rites” from a priest 3 times before his presidency. He was on numerous medications throughout his life and presidency. Of course all of this information was kept secret.
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