1. CHAPTER 3
THE CONSTITUTION

2. LESSON 1: STRUCTURE AND PRINCIPLES OF THE CONSTITUTION
HOW DOES THE U.S. CONSTITUTION STRUCTURE GOVERNMENT AND DIVIDE POWER BETWEEN THE NATIONAL AND STATE GOVERNMENTS?

3. STRUCTURE OF THE U.S. CONSTITUTION
REMEMBER: THE ARTICLES OF CONFEDERATION WERE WEAK. NO PRESIDENT, NO ARMY, NO ABILITY TO TAX OR DO INTERNAL IMPROVEMENTS.
THE FOUNDERS NEEDED SOMETHING NEW.
BUT THEY STILL WORRIED THAT ANY GOVERNMENT THEY CREATED MIGHT BECOME TOO POWERFU.
HOW TO LIMIT THAT POWER?

4. SOLUTION: CENTRAL GOVERNMENT WITH LIMITED POWER
GOVERNMENT DIVIDED INTO THREE BRANCHES WITH EACH BRANCH EXERCISING SOME CONTROL AND RESTRAINT OVER THE OTHER TWO (CHECKS & BALANCES)
POWER WOULD BE DIVIDED BETWEEN THE CENTRAL GOVERNMENT AND THE STATES (FEDERALISM)

5. THE CONSTITUTION DOES:
PRESENTS GOVERNMENT’S PURPOSES
PRRESENTS ITS PRINCIPLES, POWERS AND LIMITATIONS
TELLS HOW THE GOVERNMENT IS BOTH EMPOWERED AND LIMITED TO PROTECT THE PEOPLE.

6. PREAMBLE FANCY WORD FOR INTRODUCTION
EXPLAINS WHY THE CONSTITUTION WAS WRITTEN AND EXPLAINS THE PURPOSE OF GOVERNMENT.
“WE THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM A MORE PERFECT UNION, ESTABLISH JUSTICE, INSURE DOMESTIC TRANQUILITY, PROVIDE FOR THE COMMONE 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.”

8. ARTICLES – ONE OF SEVEN MAIN DIVISIONS OF THE BODY OF THE CONSTITUTION
ARTICLE I – CREATES THE LEGISLATIVE BRANCH
ARTICLE II – CREATES THE EXECUTIVE BRANCE
ARTICLE III – CREATES THE JUDICIAL BRANCH
ARTICLE IV – EXPLAINS THE RELATIONSHIP OF THE STATES TO ONE ANOTHER AND THE FEDERAL GOVERNMENT
ARTICLE V – EXPLAINS HOW THE CONSTITUTION CAN BE AMENDED
ARTICLE VI – ESTABLISHES THE CONSTITUTION AS THE SUPREME LAW OF THE LAND
ARTICLE VII – DISCUSSESS RATIFICATION

9. AMENDMENTS – A CHANGE TO THE CONSTITUTION
FIRST 10 KNOWN AS THE BILL OF RIGHTS

11. Principles of the u.s. constitution
POPULAR SOVEREIGNTY & REPUBLICANISM
RULE BY THE PEOPLE, CONSENT OF THE GOVERNED, AND ELECTED REPRESENTATIVES
LIMITED GOVERNMENT
THE CONSTITUTION EXPRESSLY LIMITS THE POWER OF THE GOVERNMENT
FEDERALISM
POWER IS DIVIDED BETWEEN THE FEDERAL AND STATE GOVERNMENTS

12. SEPARATION OF POWERS CHECKS AND BALANCES INDIVIDUAL RIGHTS
POWER IS DIVIDED AT THE FEDERAL LEVEL BETWEEN THE THREE BRANCHES OF GOVERNMENT
CHECKS AND BALANCES
EACH BRANCH EXERCISES SOME CONTROL OVER THE OTHER TWO.
PRESIDENT NEEDS CONGRESS TO PASS A LAW, CONGRESS NEEDS THE PRESIDENT NOT TO VETO IT, THE SUPREME COURT DECIDES IF ITS CONSTITUTIONAL ETC.
INDIVIDUAL RIGHTS
BILL OF RIGHTS

13. REVIEW QUESTIONS
WHAT ARE THE ARTICLES AND AMENDMENTS TO THE CONSTITUTION?
WHAT IS THE STRUCTURE OF THE CONSTITUTION?
NAME THE MOST IMPORTANT PRINCIPLE REFLECTED IN THE CONSTITUTION TO YOU AND WHY.

14. Lesson 2: The three branches of government
HOW DOES THE U.S. CONSTITUTION STRUCTURE GOVERNMENT AND DIVIDE POWER BETWEEN THE NATIONAL AND STATE GOVERNMENTS?

15. THE NATIONAL GOVERNMENT
NOW THAT THE CONSTITUTION HAS BEEN WRITTEN IT MUST BE RATIFIED (APPROVED).
REQUIRES 9 OUT OF THE 13 STATES TO SAY YES.
FOUNDERS ARGUE THAT IT’S A GOOD DEAL BECAUSE THE FEDERAL GOVERNMENT IS LIMITED BECAUSE IT HAS 3 CO-EQUAL BRANCHES.

16. LEGISLATIVE BRANCH AKA CONGRESS
RESPONSIBLE FOR PASSING LAWS AND IS DIVIDED INTO TWO HOUSES
HOUSE OF REPRESENTATIVES
VOICE OF THE PEOPLE, ELECTED BY POPULAR VOTE AND BASED ON A STATE’S POPULATION
SENATE
SAME NUMBER FROM EACH STATE (2)

17. ENUMERATED POWERS – A LIST OF ITEMS, FOUND IN ARTICLE I, SECTION 8 OF THE CONSTITUTION, THAT SET FORTH THE AUTHORATATIVE POWER OF CONGRESS.
LISTED BY NUMBERS 1-18
LEVY TAXES, BORROW MONEY, COIN MONEY, REGULATE COMMERCE, DECLARE WAR, ESTABLISH POST OFFICES ETC
ELASTIC CLAUSE – CLAUSE IN ARTICLE I, SECTION 8 THAT GIVES CONGRESS THE RIGHT TO “MAKE ALL LAWS WHICH SHALL BE NECESSARY AND PROPER” TO CARRY OUT THE POWERS EXPRESSED IN OTHER CLAUSES OF ARTICLE I.
GIVEN THIS NAME BECAUSE CONGRESS CAN “STRETCH” ITS POWERS TO TACKLES ISSUES THE FOUNDERS COULDN’T PREDICT.

19. EXECUTIVE BRANCH

20. ROLE OF THE PRESIDENT: HEAD EXECUTIVE
ULTIMATELY IN CHARGE OF ALL EXECUTIVE DEPARTMENTS (CURRENTLY THERE ARE 15)
DEPARTMENT OF DEFENSE, JUSTICE, TREASURY, EDUCATION ETC.
ALSO INCLUDED IN THE EXECUTIVE BRANCH ARE NUMEROUS FEDERAL AGENCIES SUCH AS THE EPA, NASA ETC

21. POWERS OF THE PRESIDENT
DEFINED IN ARTICLE 2, SECTIONS 2 & 3
GRANT PARDONS, MAKE TREATIES, APPOINT AMBASSADORS AND SUPREME COURT JUSTICES, MAKE AGREEMENTS WITH FOREIGN NATIONS AND EMERGENCY ACTIONS AS NEEDED.
COMMANDER IN CHIEF OF THE U.S. MILITARY

22. THE JUDICIAL BRANCH

23. ARTICLE 3 ESTABLISHES THE FEDERAL COURT SYSTEM.
ESTABLISHES A SUPREME COURT AND GRANTS CONGRESS THE POWER TO ESTABLISH LOWER COURTS.
JUSTICES ARE APPOINTED FOR LIFE.
THE FEDERAL COURTS HEAR CASES REGARDING THE CONSTITUTION, FEDERAL LAWS, FOREIGN TREATIES, INTERNATIONAL LAW AND BANKRUPTCIES.
BUT WHAT ABOUT STATE AND LOCAL COURTS?
JURISDICTION – LIMITS OR TERRITORY WITHIN WHICH AUTHORITY MAY BE EXERCISED
SUPREME COURT HAS JUDICIAL REVIEW – POWER TO DECLARE LAWS AND ACTIONS OF LOCAL, STATE OR NATIONAL GOVERNMENTS UNCONSTITUTIONAL.

24. AMERICAN GOVERNMENT THEN AND NOW
HUGE CHANGES OVER THE PAST 200 YEARS
WASHINGTON HAD FREE TIME TO ADVERTISE IN THE PAPER ABOUT HOSTING GUESTS AND HAD TEA PARTIES EVERY FRIDAY FOR ANYONE PROPERLY DRESSED
PRESIDENTS TODAY HAVE THEIR SCHEDULE MAPPED TO THE MINUTE.
FIRST CONGRESS INTRODUCED 167 BILLS, TODAY’S CONGRESS INTRODUCE ROUGHLY 10,000.

25. RELATIONS AMONG THE BRANCHES
SHARING POWER
DESIGNED TO MAKE THE BRANCHES DEPENDENT ON ONE ANOTHER.
EXAMPLE: THE PRESIDENT CAN NEGOTIATE TREATIES BUT THEY DO NOT TAKE AFFECT UNLESS THE SENATE RATIFIES (AGREES).
CONGRESS CAN PASS BILLS, BUT REQUIRE THE PRESIDENT’S APPROVAL FOR THEM TO BECOME ACTUAL LAW.

26. CHECKS AND BALANCES
PRESIDENT CAN VETO, BUT CONGRESS CAN OVER-RIDE THAT VETO. CONGRESS CAN IMPEACH THE PRESIDENT, MUST APPROVE HIS/HER APPOINTMENTS ETC

28. REVIEW QUESTIONS
WHAT IS JUDICIAL REVIEW? CAN YOU THINK OF A TIME THE SUPREME COURT HAS USED THIS POWER?
WHAT IS THE STRUCTURE OF THE NATIONAL GOVERNMENT?
HOW HAS THE WORK OF THE GOVERNMENT CHANGED OVER TIME?
HOW DO THE THREE BRANCHES SHARE, CHECK AND BALANCE POWER?