The U.S. Constitution

1. The U.S. Constitution Ideas of the Constitution: Sec. 1 Three Branches of Government: Sec. 2 A Lasting Document: Sec. 3

2. Ideas of the Constitution Sec. 1

3. Mayflower Compact and the U.S. Constitution • Pilgrims realized before they arrived in Massachusetts they would need Govt. • Mayflower Compact- Nov. 21, 1620 • -Pilgrims create a govt. • -Submit the right to be governed by the govt. they had created. • -Influenced the U.S. Constitution • Opening Phrase “We the People.”

4. Government Power From the People What does “We the People” mean? • It establishes Popular Sovereignty-makes it clear the Govt. gets its power from the people. -It is the opening line/Preamble to the Constitution. -Describes and grants the supreme (all) power of Govt. comes from the people.

5. How Govt. Meets the Goals of the Constitution Limited Government • Constitution limits the power of Govt. • Protects against abuse of power • Citizens know what their Govt. is and is not allowed to do.

6. How Govt. Meets the Goals of the Constitution How does the Govt. solve disagreements between its citizens?

7. How Govt. Meets the Goals of the Constitution Majority Rule w/ Minority Rights • Agreement b/w Govt. and the Citizens they will except the decision of the Majority. • To keep the Majority from violating the rights of the minority the Constitution allows the minority to express its view. Can you think of a recent example of this in the News?

8. How Govt. Meets the Goals of the Constitution Powers of the People • Bill of Rights (1791)- The first 10 Amendments in the U.S. Constitution. • Bill of Rights- Describes in great detail the freedoms that belong to every U.S. citizen. • Bill of Rights-Guarantees our freedoms.

9. Powers of the Federal and State Governments Federal System • This is the dividing/sharing of powers • Articles of Confederation- First form of U.S. Govt. did not work b/c it had very weak central Govt. • Federal System divides the power of Govt. into 2 levels of Govt.: -National/Federal Govt. -State Govt.

10. Powers of the Federal and State Governments Federal Govt. • Makes laws that govern the whole country. • Based in Washington D.C. State Govt. • Power over people w/ in its boundaries. -Ex. California can’t pass a law that affects Maine. • Has its Own: -Capital -Constitution -State Officials General Powers General Powers

11. Powers of the Federal and State Governments Federal Government • Constitution gives the Govt. Delegated Powers- Important powers given to the Federal Govt. alone. -EX.: -Power to print money -Control trade with other nations -Provide national defense.

12. Powers of the Federal and State Governments State Governments • Limit the power of the Federal Govt. • Have Reserved Powers- important powers for the state alone (manage their own issues). -EX.: -Conduct Elections -Regulate trade w/ in the state -Establish Local Governments

13. Powers of the Federal and State Governments Shared Powers • Concurrent Powers- Powers that the state and Federal Govt. share. -EX.: -Can raise money through taxes. -Have the power to borrow money. -Establish courts -Create banks -Enforce laws -Provide for health and well being of its citizens.

14. Powers of the Federal and State Governments What happens when a state law disagrees with a federal law?

15. Powers of the Federal and State Governments A: The state law is invalid. The Constitution is the supreme law of the land

16. Three Branches of Government Sec. 2

17. Separation of Powers Discuss why you think the Constitution divides its powers? -Discuss in groups of 3-4. -Create a list of 3 reasons why it divides its power.

18. Powers of the Federal and State Governments Separation of Powers • Created to stop abuses of power from w/in the Govt. -One branch creates/writes the laws. -One branch carries out/enforces the laws. -One branch interprets/examines the laws.

19. 3 Branches of Government Legislative Branch • Article 1 of the Constitution creates Congress -Two Houses of Congress: Senate and House of Representatives. • Powers described in great detail in the Constitution. • Controls and creates money for the Federal Govt. • Creates lower courts beneath the Supreme Court.

20. Powers of the Federal and State Governments Executive Branch • Established by Article II of the Constitution • Carries out the countries laws. • Consists of the President and the Vice President. • Today includes 15 Agencies (Heads of each make up the President’s Cabinet). EX.: -Department of Treasury -Department of State -Department of Homeland Security

21. Powers of the Federal and State Governments Judicial Branch • Established by Article III of the Constitution. • Power Described in little detail. • Interprets/Examines the law. • Sets punishments for people who break the law. • Constitution created: -Supreme Court- The highest court in the land. -Process for appointing judges to the Supreme Court.

22. Checks and Balances A Balance of Power • The Constitution limits/checks the powers of the Federal and State Govt. • Makes sure the Federal Govt. does not become too powerful.

23. Powers of the Federal and State Governments Checks and Balances • Executive v. Congress -Congress proposes a law -President can Veto- reject the law. -Congress can override the Veto with a 2/3 vote of Congress in both the Senate and the House of Represenatatives.

24. Powers of the Federal and State Governments Checks, Balances, and the Judicial System • The Constitution created the Supreme Court which requires 6 Chief Justices. • Congress establishes the lower courts and determines their power under the state courts.

25. Powers of the Federal and State Governments Judicial Review • The case of Marbury v. Madison established the idea of Judicial Review- The courts have the power to check the powers of the other branches of Govt. as a result of this case. • Makes sure no level of Govt. (Federal, State, or Local) violates the Constitution. • It determines if laws passed at any level of Govt. is Constitutional.

26. Powers of the Federal and State Governments Put the following events into order: • President Vetoes a Law • Supreme Court decides a Law is Unconstitutional • Congress overrides a Veto of a Law • Congress Proposes a Law

27. Powers of the Federal and State Governments D. Congress Proposes a Law A. President Veto a Law C. Congress overrides a Veto on a Law B. Supreme Court decides a Law is Unconstitutional.

28. A Lasting Document Sec. 3

29. Changing the Constitution The Amendment Process • Article V of the Constitution lays out the process of passing an Amendment. • It is a change to the Constitution. • Proposed Amendments must be passed with the approval of ¾ of the states. • This has only happened 27 times.

30. Changing the Constitution The Amendment Process • An Amendment is proposed in 2 ways: -Congress can propose an amendment by 2/3 vote in both Houses (Senate and House of Reps.). -The Legislature of 2/3 of states (34 out of 50) can ask Congress to call a national convention to propose an Amendment.

31. Changing the Constitution The Amendment Process • Once an Amendment is proposed it must be Ratified/Approved. • An Amendment may be Ratified in 2 ways: -The proposed Amendment can be sent to the state legislature for approval. *All but one Amendment were approved this way. -The proposed Amendment can be sent to state conventions for consideration.

32. Changing the Constitution The Amendment Process If the people do not like a Law can they get rid of it?

33. Changing the Constitution The Amendment Process • Yes, after an Amendment is passed by ¾ of the states (38 0f the 50) a law can be canceled or Repealed. -EX.: -The 18st Amendment prohibited the sale or production of alcohol. -The 21st Amendment Repealed the 18th Amendment.

34. Changing the Constitution Interpreting the Constitution • The Constitution doesn’t attempt to cover every situation. It sets broad guidelines. -EX.: -The Constitution doesn’t establish a Presidential Cabinet- Heads of each of the 15 Federal Departments. • Referred to as the “Unwritten Constitution.”

35. Changing the Constitution Congress and the Constitution • Congress uses the Constitution for issues in society. • Congress does this by checking if the Constitution gives Congress the power to pass a proposed law. -EX.: -The Constitution says nothing about creating a minimum wage standard. -Congress has the power to control trade between states. -Decided the Constitution gives it the power to affect working conditions nationally.

36. Changing the Constitution Congress and the Constitution • The Supreme Court has the power to decide if Congress has interpreted the Constitution correctly. • If they agree the law is passed. • If they disagree the law is dead.

37. Changing the Constitution Congress and the Constitution • Congress can rewrite laws. • Congress may not pass laws which: -Punish a citizen w/out a trial. -Ex Post Facto which makes an act a crime after the act has been committed. -Habeas Corpus court order requiring the Govt. to bring a prisoner to court and explain why they are being held.