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The United States Constitution
U.S. GOVERNMENT
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Celebrate the Constitution
Popular Sovereignty “The Constitution is the guide which I never will abandon George Washington September 17, 1787 was a glorious day! The U.S. Constitution was finally signed by the delegates of the Constitutional Convention. The Constitution included a strong central government based on compromise; it outlined national powers and provided provisions for amending the Constitution. Checks and Balances Limited Government Separation of Powers George Washington President of the Constitutional Convention and 1st President
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A Living Document Because there was so much interest and debate regarding individual rights, on December 15, 1791, ten amendments known as the Bill of Rights were added to the U.S. Constitution. Since then, seventeen more amendments have been added to the Constitution. Federalism Benjamin Franklin Signer of the Constitution and Founding Father Individual Rights Republicanism
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Celebrate the Constitution Today
Today, the “law of the land” is still the U.S. Constitution. It has sustained controversial issues, a civil war, and the changes that 200 years of American society brings. But it is strong and enduring. The Constitution of the United States was made not merely for the generation that then exist, but for the posterity - unlimited undefined, endless, perpetual posterity -Henry Clay ( ) American statesman - U.S. Congressman and Senator
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Strict Interpretation
A Living Document Loose Interpretation A.K.A. “Loose Construction of Constitution” Interpretation of Constitution must be flexible People change, society changes, technology changes--Constitution must adapt What the Constitution doesn’t say EXPLICITY, the branches of government can do Who supports a loose interpretation? Answer: Federalists, Liberals Strict Interpretation A.K.A. “Strict Construction of Constitution” Constitution should remain the constant The Constitution must be the measure of social, ethical, and moral change Government can ONLY do what the Constitution EXPLICITLY says Who supports a strict interpretation? Answer: Anti-Federalists, Conservatives
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*danger – can oppress one group of people
& Majority Rule – a system in which the group that has the most members makes decisions *danger – can oppress one group of people
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Popular sovereignty
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Article 1 – Powers Denied to Congress:
Limited government Article 1 – Powers Denied to Congress: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…
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JUDICIAL REVIEW It is the ability of a court to examine & decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately The United States Constitution. Judges examine a law or government activity and decide if it violates the constitution. Established 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review to strike down a law as unconstitutional.
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Powers of National Government Powers of State Governments
Federalism Powers of National Government Powers of State Governments Enumerated powers(expressed): Items found in Article I, Section 8 of the U.S. Constitution that set forth the powers of Congress. Delegated Powers: Powers given specifically to the federal government by the Constitution Implied Powers: unstated powers “Elastic Clause” Inherent: simply because it is a government Concurrent Powers (Shared Powers): Authority shared by both the federal government and the state governments Reserved Powers: Powers not given to the federal government that can be used by a state or local government
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“Congress shall have the authority to make all laws which are necessary and proper…..”
Implied Powers power of Congress to pass any law that helps them carry out the expressed powers Also known as Necessary and Proper Clause Elastic Clause Example: Creating a national bank in 1791; Louisiana Purchase in 1803; military draft
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Federalism
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Structure of the Constitution
Preamble: Statement of purpose Articles: I: Legislative Branch II: Executive Branch III: Judicial Branch IV: Relations Among the States V: Amendment Process VI: National Supremacy VII: Ratification Amendments: 27 Total 1st ten are the Bill of Rights
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The Preamble
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Article I: Legislative Branch
Bicameral: Senate 2 Senators for each state House of Representatives Based on population Reps serve for 2 year terms Senators serve for 6 year terms Important Powers: Make laws Set taxes Declare war Override Vetoes Borrow money Regulate international and national trade Print money
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Article II: Executive Branch
President and Vice President are elected to 4 year terms Qualifications: At least 35 years old 14 year resident of the US Natural born citizen Elected by the Electoral College Important powers: Commander-in-Chief Grant pardons Make treaties Appoint federal officers Ensure laws are executed
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Article III: Judicial Branch
Supreme Court judges serve for life unless impeached. Judicial power rests with US Supreme Court and other courts created by Congress Important Powers: Decides cases of Constitutional law and federal law Cases involving ambassadors go straight to Supreme Court Judicial Review comes later (1803 – Marbury v. Madison)
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Other Important Articles:
Article V: Amendments: Amendments are proposed when 2/3 of House and Senate deem it necessary Amendments are proposed when 2/3 of states deem it necessary Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of states Article VI: Federal Power Supremacy Clause: Federal law is supreme to state law No religious tests for public office
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Important Amendments: Bill of Rights
Freedom of religion, of speech, of the press, to assemble, and to petition Right to bear arms No quartering of soldiers No unreasonable search and seizure Indictments; Due process; Self-incrimination; Double jeopardy, and rules for Eminent Domain. Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel Right to trial by jury in civil cases No excessive bail & fines or cruel & unusual punishment There are other rights not written in the Constitution All rights not given to Federal Government belong to states and people.
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Other Important Amendments: Reconstruction Amendments
13th Amendment abolished slavery 14th Amendment Due process and equal protection under the law All persons born in US are citizens 15th Amendment Right to vote regardless of race, color, or previous servitude
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Other Important Amendments:
19th Amendment: Women’s suffrage 22nd Amendment: Presidential term limits 24th Amendment: Prohibits poll taxes for voting 26th Amendment: lowers voting age to 18
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EXIT SLIP/POP QUIZ 1)What keeps one branch of government from becoming too powerful? 2)What is the name of the clause that allows Congress to make all “necessary and proper” laws? 3)Is #2 implied, reserved or expressed? 4)The power of the courts to decide on constitutionality of law is called? 5)What Supreme Court case gave the right to courts in #4?
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