Creating an Effective Democracy: Understanding the Structure and Principles of the U.S. Constitution

1. Splash Screen

2. Essential Question Section 1:Structure and Principles Section 2:Three Branches of Government Section 3:Amending the Constitution Section 4:The Amendments Chapter Summary Chapter Menu

3. How do the specific parts of the Constitution work to create limited government and an effective democracy? Essential Question

4. Chapter Preview-End

5. Content Vocabulary • article • jurisdiction • supremacy clause • amendment • popular sovereignty • federalism • separation of powers • checks and balances • veto • judicial review Section 1-Content Vocabulary

6. Academic Vocabulary • principle • procedure • dynamic Section 1-Academic Vocabulary

7. Reading Strategy Use a graphic organizer similar to the one below to list the six major principles of government. Section 1-Reading Strategy

8. A B C Which branch of the government, as defined by the Constitution, has the most power to affect the how the United States is governed? A. the executive branch B. the legislative branch C.the judicial branch Section 1-Polling Question

9. Structure • The U.S. Constitution is divided into three parts: the preamble, seven divisions called articles, and the amendments. • The Preamble explains why the constitution was written and the purpose of government. • Article I establishes the legislative branch. • Section 1 creates the Congress. Section 1

10. Structure (cont.) • Sections 2 and 3 set forth details about the two houses of Congress: the House of Representatives and the Senate. • Article II creates an executive branch to carry out laws created by Congress. • Its sections outline the detail of presidential powers, describe required presidential qualifications, and provide for a vice president. Section 1

11. Structure (cont.) • Article III creates a judicial branch. • Section I establishes a Supreme Court to head the judicial branch. • Section 2 outlines the jurisdiction, or authority, of the Supreme Court and other federal courts. • Section 3 defines treason. Section 1

12. Structure (cont.) • Article IV explains the relationship of the states to one another and to the national government. • Article V spells out the ways the Constitution can be amended. • Article VI contains the supremacy clause, establishing that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land. Section 1

13. Structure (cont.) • Article VII addresses ratification and declares that the Constitution would take effect after it was ratified by nine states. • The Amendments are the changes made to the Constitution. Foundations of Personal Liberties Section 1

14. A B C D Which part of the Constitution spells out the process for amending it? A.Article II B.Article V C.the preamble D.Article VII Section 1 – DQ1

15. Major Principles • The Constitution rests on six major principles of government: • Popular sovereignty—rule by the people. • Federalism—power is divided between national and state governments. Major Principles of the Constitution Section 1

16. Major Principles (cont.) • Separation of powers—limits the central government by dividing power among the legislative, executive, and judicial branches. • Checks and balances—each branch of government exercises some control over the others. • For example, the president can check Congress by rejecting—vetoing—its legislation. System of Checks and Balances Section 1

17. Major Principles (cont.) • Judicial review—the power of the courts to say that laws and actions of local, state, or national governments are invalid when they conflict with the Constitution. • Limited government—lists the powers the government is allowed and the powers that are prohibited to it. Section 1

18. A B C D When the president vetoes Congressional legislation, which major principle of the constitution is he exercising? A.judicial review B.separation of powers C.checks and balances D.popular sovereignty Section 1 – DQ2

19. Section 1-End

20. Content Vocabulary • expressed powers • enumerated powers • elastic clause • federal bureaucracy Section 2-Content Vocabulary

21. Academic Vocabulary • concept • contrast • initiative Section 2-Academic Vocabulary

22. Reading Strategy Use a graphic organizer similar to the one below to list the functions of each branch of the federal government. Section 2-Reading Strategy

23. A B C Has the gradual expansion of the executive branch had a positive or negative effect on constitutional checks and balances? A. positive B. negative C.It has had no effect. Section 2-Polling Question

24. The Legislative Branch • The Founders limited the powers of Congress to expressed powers, powers directly stated in the Constitution. • Most expressed powers are enumerated powers, itemized by numbers 1 through 18. • Five of the enumerated powers deal with economic matters—the power to: • levy taxes, • borrow money, Section 2

25. The Legislative Branch (cont.) • regulate commerce, • coin money, and • punish counterfeiting. • Seven enumerated powers provide for defense, including the power to declare war, raise and support armed forces, and organize the militia. Section 2

26. The Legislative Branch (cont.) • Additional enumerated powers give Congress the power to naturalize citizens and establish post offices and courts. • The final enumerated power is the elastic clause, which lets Congress stretch its powers to meet situations the Founders could not anticipate. Section 2

27. A B C The elastic clause states that A.the presidency can stretch its powers to limit the power of Congress. B.Congress can stretch its powers to rule on judicial matters. C.Congress can stretch its powers to meet situations the Founders could not anticipate. Section 2 – DQ1

28. The Executive Branch • The president is the head of the executive branch. • Article II grants the presidency broad and vague powers. • Sections 2 and 3 of Article II define the specific powers of the presidency: • The president is the commander in chief of the armed forces and the state militias. Section 2

29. The Executive Branch (cont.) • With the consent of the Senate, the president appoints heads of the executive departments. • The president can pardon people convicted of federal crimes, except in cases of impeachment. • The president makes treaties with foreign nations with the Senate’s advice and consent. Section 2

30. The Executive Branch (cont.) • With the Senate’s consent, the president appoints ambassadors, federal court judges, and other top officials. • The president delivers an annual State of the Union message, and other messages, to Congress from time to time. • The president calls Congress into special session when necessary. • The president meets with heads of state, ambassadors, and other foreign officials. Section 2

31. The Executive Branch (cont.) • The president commissions all military officers of the United States. • The president ensures that the laws passed by Congress are “faithfully executed.” • Unlike early presidents, modern presidents have a vast federal bureaucracymade up of all executive branch employees. Section 2

32. A B C D Which is a specified power of the executive branch? A.the power to coin money and levy taxes B.the power to declare war C.the power to impeach justices D.the power to ensure that laws passed by Congress are “faithfully executed” Section 2 – DQ2

33. The Judicial Branch • The American judiciary is made up of two different court systems: • the federal court system whose powers derive from the Constitution and federal laws, and • the courts of the 50 states whose powers derive from the various state constitutions and their laws. Section 2

34. The Judicial Branch (cont.) • Two factors determine federal jurisdiction: • the subject matter of the case, and • who is involved in the case. • Marbury v. Madison established the principle of judicial review and elevated the Supreme Court to a status that balanced the legislative and executive branches. Section 2

35. The Judicial Branch (cont.) • When ruling on constitutional issues, the Supreme Court cannot be overturned except by a constitutional amendment. • Congress can effectively overturn a Supreme Court decision on a federal statute by enacting a new law. Section 2

36. The term “judicial activism” refers to errors in a judge’s method of analysis and is not simply a criticism of a case’s outcome. When a judge puts policy considerations above the requirements of law, bends the text of the Constitution or laws to comport with his or her own sensibilities, or otherwise angles for particular results in a case, that judge has stepped outside the proper constitutional role of policing the structural limits on government and neutrally interpreting the laws and the Constitution.

37. A B C D What factors determine federal jurisdiction? A.subject matter of the case B.the year the case was petitioned C.the amount of money involved in the case D.the year the case was appealed Section 2 – DQ3

38. Shared Power and Conflict • The executive branch provides plans for many of the laws that Congress considers. • There are several sources of conflict between the executive and legislative branches, including: • the expanding power of the presidency, • congressional responsibility to monitor how the executive branch enforces the law, and • different goals, constituents, and philosophy of government. Section 2

39. Shared Power and Conflict (cont.) • Congress can create lower federal courts and limit the Supreme Court’s jurisdiction. • Some Supreme Court decisions require action of the president. In rare cases a president has refused to enforce the Court’s decision. Section 2

40. A B C Which represents a potential conflict between the judicial and legislative branches? A.the expanding power of the executive branch B.the president’s refusal to enforce a Supreme Court decisions C.creating lower federal courts that limit the Supreme Court’s power Section 2 – DQ4

41. Section 2-End

42. Content Vocabulary • ratify • petition • balanced budget • impeach • treaty • executive agreement • judicial restraint • judicial activism Section 3-Content Vocabulary

43. Academic Vocabulary • adapt • convention • conduct Section 3-Academic Vocabulary

44. Reading Strategy Complete a graphic organizer similar to the one below to explain the kinds of presidential acts that have resulted in changes to the Constitution. Section 3-Reading Strategy

45. A B Is judicial activism a fair and effective use of judicial power? A. yes B. no Section 3-Polling Question

46. The Amendment Process • The Founders provided for change to the Constitution with Article 5. • Constitutional amendments may be proposed and ratified, or approved, in two ways: • a two-thirds vote in the House and Senate, or • two-thirds of the states petition, or appeal to, Congress to call a convention. Process for Amending the Constitution Section 3

47. The Amendment Process (cont.) • In the 1980s and early 1990s, 32 state legislatures petitioned Congress for a convention to propose a balanced budget amendment. Process for Amending the Constitution Section 3

48. The Amendment Process (cont.) • Congress has two methods for obtaining state approval when an amendment is proposed: • The legislatures in three-fourths of the states can ratify an amendment. • The states hold special conventions and need three-fourths of the conventions to approve it. Process for Amending the Constitution Section 3

49. The Amendment Process (cont.) • Congress set a rule that says there is a time limit—seven years—for states to ratify an amendment. Process for Amending the Constitution Section 3

50. A B C D According to Congress, how long does a state have to ratify an amendment? A.one year B.two years C.four years D.seven years Section 3 – DQ1