CH 3. THE CONSTITUTION

1. CH 3. THE CONSTITUTION • The constitution established a republic- we elect others to represent us. power held by voting citizens through their elected representatives • This government only works when who are informed and participates?

2. II. Structure of Constitution • Divided into 3 parts • A. Preamble- the introduction-tells why it was written • States the goals of the government

3. The Preamble of the Constitution We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, 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.

4. 1. MORE PERFECT UNION • This means the government constantly seeks to create a strong and unified nation… this was a lesson learned from the failures of the Articles of Confederation

5. *2To Establish Justice – • The law should be administered reasonably, fairly, and impartially. • [Jefferson said this was the most sacred duty of government].

6. *3. To Insure Domestic Tranquility - • Without order, people would live in anarchy. [Madison said, “If men were angels, no • government would be necessary.”] • Example: Cowboy fans being patted down.

7. 4. Provide for the Common Defense - The state’s security rests on wise defense and foreign policies.

8. 5.Ensure Domestic Tranquility Domestic Tranquility means “peace at home”. In order to ensure this, we create government entities, like police forces, the FBI, the DEA, and the National Guard can be used in emergencies. Good laws and their enforcement ensure that we have “peace at home”. Again, the “state of nature” (anarchy) must be avoided. Child soldier in Uganda

9. V. Promote the General Welfare Promoting the general welfare refers to the governments obligation to ensure the well-being of Americans. Business owners are required to ensure the safety of their workers Workman's Compensation is available for injured workers Unemployment benefits and welfare are available for out of work citizens Social Security guarantees some income to workers upon retirement Ensuring the education of children

10. VI. Secure the Blessings of Liberty Liberty is the freedom to live as you please, providing you do not victimize others… Liberty is a fragile principle. So, YES- our freedoms are extensive, but limited. Every generation must take up the torch of liberty and pass it on the next. We must be willing to serve our nation and become productive citizens. “You can only be free if I am free

11. B. Main body- broken into Seven articles- each covers a different topic • 1. Article 1 of the Constitution created the Legislative Branch (Congress) • Purpose is to make the laws

12. 2. article 2- established the executive branch (president) to enforce the laws.

13. 3. article III. Creates the supreme court to head the judicial branch- explains the laws • And outlines the jurisdiction- (authority)- of the court

14. 4. article IV. Explains the relationship between states and to the government • 5. article V. Explains ways the constitution can be amended

15. 6. article VI. Supremacy clause- establishing the constitution and laws passed by Congress are supreme law of the land. • 7. article VII- ratification (approval) of the constitution

16. C. The Amendments- changes (additions) to the constitution- 27 have been added since creation in 1788

17. II. Major Principles of the constitution • A. Popular sovereignty- rule by the people- people are the source of government power

18. State Governments National Government • B. Federalism – power is divided between national and state governments

19. C. SEPARATION OF POWERS • The government was • divided into three • branches • Legislative • Executive • Judicial • The purpose was to • prevent any group or • individual from having all • the power

21. D. Checks and balances- allows each branch to LIMIT control of other branches

22. The framers also thought it was necessary to create aSystem of Checks and Balances as a way to limit the powers of government • In this system, each branch of government can “check” the other 2 branches.

23. For example… • Congress passes a bill and sends it to the president to be signed • The President checks the Congress by either signing or vetoing (rejecting) the bill • If he vetoes the bill, it returns to Congress where they can check the President by overriding the President’s veto if they get a 2/3 majority in both houses Congress can override a presidential veto IF they get a 2/3 majority in each house Send a bill to the President President can sign or veto the bill. If he vetoes the bill, it goes back to the Congress

24. Judge Sam Alito The Congress can also check the President’s power by approving or disapproving official appointments (cabinet posts, ambassadors, judges) in the Senate The Congress also approves treaties negotiated by the President (2/3 of the Senate must approve)

25. Andrew Johnson Bill Clinton • Congress can also remove a President from office if he is guilty of a crime or serious misbehavior • A case against the President must be brought to the House of Representatives in a process called impeachment • A President can be impeached in the House of Representatives by a simple majority, and then a trial is held in the Senate. A 2/3 vote in favor of conviction is required to remove the President from office

26. The President and the Congress have checks on the Courts • The President appoints judges • The Senate must approve judges • Congress may also impeach judges who commit crimes or seriously misbehave

27. The Judicial Branch has checks over each of the other two… but those checks are enormous. 1. They can declare a law or a part of a law passed by Congress or a state legislature to be unconstitutionalor they can affirm that laws challenged by citizens areconstitutional. For example, the Supreme Court found in 1989 and in 1990 that laws banning flag burning violated the First Amendment right to free expression (speech). 2. They can declare acts of the president or a state executive to be unconstitutionalor the can affirm theconstitutionality of his/her act. For example, the Supreme Court ruled in 2006 stated that it was unconstitutional to conduct special military commissions established by the Department of Defense (in the Executive Branch) for detainees at Guantanamo. Bay, Cuba, and that they were entitled to broader protections of their rights.

28. E. Judicial review- power of supreme court have final meaning of interpreting the constitution- determines ifa law fair or unfair • Example- internet porn- supreme court said this WAS freedom of speech

29. F. Limited government- constitution limits what government can and can not do- (a government by law) • Safeguards the people from government abuse-

30. The founders divided power between 3 branches in hopes that • The government would work better • Prevent any one branch from gaining to much power • So each branch knew what job they had • So more people could participate in government

31. When congress passes a law and president vetoes it, this is an example of • Checks and balances • Separation of power • Judicial review • Popular sovereignty

32. CH3 SECTION 2 THREE BRANCHES OF GOVERNMENT • I. LEGISLATIVE BRANCH- 2 HOUSES • HOUSE OF REPRESENTATIVES- more responsive to the voters • Senate- represents interests of the State.

33. A. Expressed powers- powers directly stated in the constitution- founders wanted to make sure congress didn’t abuse power by passing certain laws • . Enumerated powers- expressed powers that are numbered- Example- power to levy taxes, declare war

34. II. Executive Branch • A. executive branch- president- made to hold powers of legislature in check. • Broad but vague constitutional powers- example- take emergency action to save the nation

35. Specified powers- commander of military, pardon convicts, make treaties, appoints ambassadors

36. III. JUDICIAL BRANCH • Two systems- state courts and federal courts (powers come from constitution and federal laws) • Federal courts have jurisdiction to hear cases involving • Treaties, U.S. laws, bankruptcy, or maritime laws (sea)

37. SECTION 3 AMENDING THE CONSTITUTION

38. a process for adding amendments (changes) to the Constitution They realized that conditions would change throughout time and that the Constitution would need to reflect those changes…. BUT the Congress wanted to make the process difficult so that it would not be taken lightly

39. Congress Created 2 Ways to Propose Amendments to the Constitution • 2/3 of both houses of Congress can propose Amendments • 2. 2/3 of the states call for a Constitutional Convention for the purpose of creating amendments (never been done) 2/3 of 2/3 of

40. After Amendments have been proposed they must be ratified • (approved) by ¾of the states before it becomes part of the Constitution. • After a successful proposal process, Congress decides how • the bill will be ratifiedby the States: • by the ¾ of state legislatures… or • by ¾ of special state conventions (only used once)

41. The First 10 Amendments, all written by James Madison are referred to as the Bill of Rights Madison insisted that the government was NOTgiving these rights to citizens… those rights already existed

42. II. Ratifying Amendments • 1st- 3/4. of state legislatures approve the new amendment • Problem- states can revoke (take away) their vote • Equal rights Amendment- discrimination based on gender- states revoked their ratification

43. 2nd- each state calls for a ratifying convention- people are elected in each state and they vote

44. III. Informal Changes- • Ways government has grown due to changing times • A. Foreign affaires- President can use an executive agreement (agreement between head of a nation and President) instead of a treaty which doesn’t need the senates approval

45. B. Supreme court- Chief Justice Earl Warren practiced judicial activism- courts take an active role in shaping the social questions- • Example- abortion issue, civil rights, or segregation laws

46. By December of 1791, ¾ of the states had ratified the First 10 Amendments of the Constitution The First 10 Amendments, all written by James Madison are referred to as the Bill of Rights Madison insisted that the government was NOTgiving these rights to citizens… those rights already existed

47. Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and topetition the government for a redress of grievances. Petition Assembly Press Religion Speech

48. Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

49. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

50. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.