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Published bySarah Norman Modified over 9 years ago
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THE US CONSTITUTION (#1B) Details the structure of a government Oldest national constitution in use today Although short…it describes the structures/powers of the national government AND The relationship b/t the national & state govts
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Basic Principles w/in the Const Limited Government Popular Sovereignty Separation of Powers Checks & Balances Federalism
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CHECKS & BALANCES Each branch can limit the power of the other 2 *legislative, executive, judicial Senate approves or rejects presidential appointments to the Supreme Court Slows change & encourages compromise Not one branch is completely independent Congress makes laws / POTUS can veto POTUS veto / Congress veto with 2/3 vote POTUS negotiates treaty / Senate ratifies POTUS nominates SC Justice / Senate approves SC declares unconstitutional / Congress can make an amendment to reverse that charge HR impeach POTUS/justices, the Senate removes with 2/3 vote
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CHECKS & BALANCES (fr the Constitution…) Stop tyranny / Restrain irresponsible majorities Sup Ct - judicial review *declare laws/presidential acts unconstitutional Congress can propose an amendment to reverse a Sup Ct ruling HR can impeach Sup Ct justices & the President Senate can do it with a 2/3 vote
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PART I – CONSTITUTION PREAMBLE Remember…thes e are the goals of the government!!!
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Article I – Legislative Branch Article II – Executive Branch Article III – Judicial Branch Article IV – Intergovernmental Relationships Article V – Amendment Process Article VI – Supremacy of the Constitution Article VII – Ratification Process PART II – CONSTITUTION ARTICLES
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LEGISLATIVE BRANCHPasses laws!!! CHECK over the ExecutiveCHECK over the Judiciary Override POTUS veto by 2/3 of both houses Creates lower federal courts May impeach/remove president from office Sets salaries of federal judges Senate may refuse to confirm POTUS appointments/treaties May refuse to confirm judicial appointments Creates executive agencies & programs May propose constitutional amendments to override court decisions Appropriates funds $$$May impeach/remove federal judges
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Executive BranchEnforces laws!!!! POWER OVER LEGISLATIVE POWER OVER JUDICIARY May veto acts of Congress Appoints federal judges May call special sessions of Congress May grant reprieves/pardons to federal offenders May recommend legislation May refuse to enforce court decisions
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Judicial BranchInterprets laws!!! POWER OVER LEGISLATURE POWER OVER EXECUTIVE May rule legislative acts unconstitutional May rule executive actions unconstitutional Chief Justice presides over impeachment of president
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PART III – CONSTITUTION AMENDMENTS There are formal and informal ways to amend the Constitution…tha t is a BIG DEAL!!! 1 – religion, speech, press, assembly, petition 2 – bear arms3 – quartering troops 4 – search, seizure, warrants 5 – due process6 – speedy, public trial & attorney 7 – right to a jury in civil cases 8 – cruel & unusual punishment 9 – unenumerates rights of the ppl 10 – reserves powers to the states 11 – restricts lawsuits against states 12 – Electoral College 13 – abolishes slavery 14 – equal protection, citizenship 15 – right to vote to a citizen 16 – income tax17 – direct election of senators 18 – prohibits alcohol 19 – women can vote 20 – “lame duck”21 – repeals 18 th, alcohol legal 22 – sets POTUS terms 23 – DC can vote24 – no poll tax 25 – POTUS out of office 26 – 18yr olds can vote 27 – congressional pay
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FORMAL amendment process Anticipated the need to change the Const Bill of Rights in 1791 (#1-10) other 17 over 220 years!!! Requires both STATE and NATIONAL action Proposal = national / Ratification = state (2 ec) Proposed by 2/3 ec house / Rat by ¾ state legislatures (used 26 times) Proposed by 2/3 ec house / Rat by special conventions in at least ¾ of the states (used once for 25 th ) Proposed by a natl convention called by Congress at request of 2/3 of the state legislatures / Rat by ¾ state (never used) Proposed by a natl convention / Rat by special conventions in at least ¾ states (never used)
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INFORMAL amendment process Legislative actions (Judiciary Act of 1789 thru Art III) Executive actions (executive agreements rather than treaties bypasses the Senate) Judicial Interpretations aka JUDICIAL REVIEW (Marbury v Madison 1803 and it NOT mentioned in the Constitution) Custom & usage (Senatorial courtesy, “no third term” tradition)
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Marbury v Madison (1803) Election of 1800 Adams v Jefferson “lame duck” Congress New judicial positions Marbury wanted Justice of the Peace Madison was Sec of State Writ of Mandamus Est Judicial Review First time to declare UNconstitutional
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