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Ch 9 The Constitution: A More Perfect Union
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I. Introduction A. Compromises B. Structure
1. Constitution has many compromises. 2. The most important one is creating a strong central government that does not threaten individual freedoms. B. Structure 1. Framers wanted the Constitution to be easy to read. 2. The Constitution is divided into sections called Articles (There are 7 articles.) 3. Each article is split into sections C. Framework 1. We can make amendments or changes to it. 2. The Constitution is a “living document” with the ability to change and grow.
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II. The Preamble – The Introduction to the Constitution
A. Popular Sovereignty – the people rule and hold the final say in gov’t. The Preamble explains/outlines the reasons for writing the Constitution (lists the 6 goals of the new Gov’t.) 1. “form a more perfect Union” a) States and national government work together. (Gov’t has power to keep the country united) 2. “establish Justice” b) To be ruled by laws that are fair. (The court system) 3. “insure domestic Tranquility” c) Keep peace at home. (Law enforcement i.e. Police and FBI) 4. “provide for the common defense” d) Protect the nation and its people from foreign enemies. (Armed forces – President is Commander in chief of armed forces) 5. “promote the general Welfare” e) Support economy and help the well being of the people. (taxes i.e. schools, hospitals, police.)
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III. Article 1 - The Legislative Branch – Makes Laws – A.K.A. Congress
6. “secure the Blessings of Liberty to ourselves and our Posterity” f) Protect rights and freedoms now and in future. (Voting and the Bill of Rights.) *Show schoolhouse rock Preamble* III. Article 1 - The Legislative Branch – Makes Laws – A.K.A. Congress A. Congress is made up of a bicameral legislature. 1. Bicameral – 2 law making parts (the Senate and the House of Representatives) a. Senate – Each state sends __2___ senators - 6 yr term - 1/3 of senators are newly elected every 2 years - called the “upper house” - must be 30 years old - Must be a U.S. citizen for at least 9 years - elected by popular vote - Vice President = President of Senate and votes in a tie
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- called the “lower house” - Must be 25 years old
b. House of Representatives – based on states population - 2 year term - Representation in the House is based on the states total population (435 total) - called the “lower house” - Must be 25 years old - Must be a U.S. citizen for at least 7 years - The House of Reps chooses the president if no Presidential candidate wins a majority of votes. - The Speaker of the House = the leader of the House and is chosen by representatives
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B. How Congress Passes Laws 1
B. How Congress Passes Laws 1. House or senate can submit a proposal for a new law this is called a bill 2. If a majority in the house votes in favor of the bill , it is sent to the other house for debate. 3. If both houses approve the bill, it goes to the President. 4. A bill becomes a law when it is approved by both house and senate and signed by the President. 5. The president can veto any proposed law. 6. Congress/L Branch can override the President’s veto by a 2/3 vote in both houses
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IV. Article 2 – Executive Branch – Makes sure Laws are Enforced
A. Includes president, Vice President and cabinet Members B. Electing the President/Chief Executive 1. The President is elected if the candidate wins a majority of the votes. 2. The # of Presidential electors a state gets is the same as the # of Reps and Senators. 3. Even though U.S. citizens vote for the President and V.P., the power to elect lies in the hands of the electors appointed by each state… 4. A Person can run for President if…. a. Serves 4 yr term b. May be re-elected only once and can serve 2 years on someone else’s term (Max # of years President can serve = 10 yrs)
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c. Must be born in the U.S. or born to U.S. citizens
d. Must be 35 years old e. Has been living in the country for at least 14 years 5. The President’s line of succession is…. a. President, V.P., House Speaker, President Pro Temp of Senate C. Obligations of the Federal Gov’t that belong to the Executive Branch 1. Serves as Commander in Chief 2. Nominates/appoints ambassadors and Supreme Court Justices, and grants pardons to people convicted of violating national laws. 3. The President appoints members of the Cabinet… I.E. Attorney General, Secretary of Labor, Secretary of Defense (NOT Secretary of Taxation) 4. The Cabinet that deals with foreign nations is the Secretary of State
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D. Removing the president
1.Congress can remove the president if they commit certain crimes. a. House of Reps brings the charges against the President. b. The Senate serves as the jury and puts the president on trial. The Chief justice presides over the trial. c. If found guilty the president is removed from office (impeached).
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V. Article 3 - The Judicial Branch – Interprets the law
A. The Constitution is “The Supreme Law of the Land.” 1. Protecting the Constitution is one of the responsibilities of the judicial branch. 2. The Judicial branch establishes the highest court in the country called the Supreme Court. 3. The judicial branch also gives Congress the power to create lower courts.
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B. The Powers of the Supreme Court
1. Supreme Court decisions are final. 2. The Supreme Court is made up of 9 justices 3. Supreme Court Justices are appointed by the President. 4. If they do not commit crimes and are not impeached, federal judges may keep their jobs for life. 5. Every year the Supreme Court reviews only about 100 cases. a. The Supreme Court determines the Constitutionality of laws
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VI. Checks and Balances Between the Branches
- Checks and balances refers to a system which keeps one branch of government from gaining too much power. A. Checking the Power of Other Branches 1. “Checks” allow one branch to block the actions of another branch B. Balancing the Power of Other Branches 1. “Balances” allow each branch of government to have some role in the actions and power of the other branches. 2. These checks and balances keep any one branch of the federal government from being too strong, one of the most important things of the American system of gov’t. *Checks and Balances Chart and Diagram
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VII. Article 5 - The Amendment Process (the Constitution as a living document.)
A. Changing the Constitution 1. Amendments – changes that can be made to the Constitution (allow us to grow and change over time) a. Congress may propose an amendment to the constitution whenever two thirds (2/3) of both houses of Congress want it. b. An amendment becomes part of the Constitution when it is ratified by three fourths (3/4) of the states legislatures or conventions. c. an amendment becomes part of the constitution if approved by states w/in 7 years. B. Amendments so Far (total = 27) 1. Out of 10,000 amendments proposed, only 27 have been approved. 2. The First 10 amendments are known as The Bill of Rights
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3. The other 17 amendments became part of the constitution one a
3. The other 17 amendments became part of the constitution one a. 13th/14th/15th Civil War amendments (slavery, citizenship and voting rights) - 13th = post civil war/Abolition of slavery - 14th = citizenship *(a U.S. citizen is someone who was born or naturalized here) - 15th = voting rights b. 19th amendment – Post WWI (Women given the right to vote) c. 20th amendment – at noon on Jan 20th, the President and Vice Presidents term ends. This is inauguration day. d. 21st amendment – repeal of the 18th amendment (this meant the consumption of alcohol was legal for adults) at a time.
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e. 22nd amendment – length of term of President - post World War II/FDR (Max # of a Presidents term is 10 yrs f. 23rd amendment – Residents of Washington D.C gained the right to vote in Presidential elections in 1961 g. 25th amendment – the 60’s/JFK era (presidential succession, choosing a V.P.) h. 26th amendment – the 60’s/Vietnam conflict (voting age lowered to 18)
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