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The Preamble “We the People of the United States, in order to form a more perfect Union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty, for ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”
Form a More Perfect Union • get the states to work together as part of a single, united nation • E pluribus unum = Out of many, one • explains why they are writing a new Constitution to replace the Articles of Confederation.
Establish Justice • the law must be fairly applied to everyone • federal courts deal with a broad range of issues • hear cases involving constitutional issues, national laws, treaties, foreign ambassadors, ships at sea, etc. • ensures all the states enforce national laws
Ensure Domestic Tranquility • Local, state, and national police keep the peace • National Guard can be called in during emergencies
Provide for the Common Defense • Armed forces (Army, Navy, Air Force, Marines, Coast Guard) prevent attack from other nations and protect our economic and political interests. • The President, a civilian, is the Commander-in-Chief
Promote the General Welfare • Welfare – the well-being of the people • Taxes pay for government programs designed to help the public • Social Security and disability benefits • Education • Workplace safety • Scientific research
Secure the Blessings of Liberty • Liberty – the freedom to live as you please, as long as you obey the laws and respect the rights of others • Bill of Rights • Voting
For Ourselves and our Posterity • Posterity – future generations
Vocabulary Words • popular sovereignty • representative government • Bill • veto • unconstitutional • override • concurrent powers (shared powers).
1. The People Rule • The people have the final authority of government • Constitution is a contract between the people and their government. • Representative government
2. Limited Government • The government only has the powers people grant it. • Ninth Amendment: People have rights not listed in the Constitution. • Tenth Amendment: any powers not listed in the Constitution as a federal power belong to the states and the people
3. Federalism • Divides power between the federal government and the states.
4. Separation of Powers • Three branches – • legislative (Congress) • executive (President) • judicial (Supreme Court)
Checks & Balances • Each branch can “check” the other branches
Vocabulary • amendment • precedent • Cabinet • judicial review.
Formal Changes to the Constitution • Amendments – formal written changes to the Constitution • The Amendment Process (difficult) • Proposed by Congress by a 2/3 vote in each house OR Proposed by a National Convention called by Congress at the request of 2/3 of the states. • Ratified (approved) by ¾ of the states or by conventions in ¾ the states. The Constitution has been amended only 27 times (9,000 proposals!).
The Amendments • First Ten Amendments = Bill of Rights • 1st Amendment = Freedom of Speech, Religion, Press, Assembly, Petition. • See handout 1A for Amendments. • Important Amendments to know • Amendment 13 – ended slavery • Amendment 14 – guaranteed citizenship and constitutional rights to African Americans • Amendment 15 – guaranteed African Americans the right to vote • Amendment 19 – guaranteed women the right to vote • Amendment 26 – set age 18 as the minimum age to vote
Informal Changes to the Constitution • Elastic Clause – gives Congress the power to make all laws that shall be “necessary and proper” to carry out the powers of the national government • Commerce Clause – gives Congress the power to regulate trade with other nations and between the states
The Constitution does NOT detail the powers of the President or the Judicial Branch use of Judicial Review • The President can set precedents, or examples, for later Presidents. • Example: Washington’s Cabinet • Example: Franklin Roosevelt’s expansion of the executive branch (to aid economy) • Judicial branch/Supreme Court utilizes judicial review to decide if acts of the President or laws passed by Congress are unconstitutional. • Marbury vs. Madison – case where it was determined that the Supreme Court has the right to decide whether any law violates the Constitution.
Washington’s Cabinet Franklin D. Roosevelt
Vocabulary • appropriate • standing committee • joint committee • impeach • constituent • executive agreement • appeal • opinion • dissenting opinion.
The Legislative Branch - Congress • Congress has two Houses: The House of Representatives and the Senate. • There are 435 members of the House of Representatives. • Seats based on state population • Representatives serve two year terms • The First Congress was held in 1789 – 1792 • We are now in the 111th Congress • There are 100 members in the Senate • Every state has two senators, no matter their population • Senators serve six year terms
Powers of Congress Making Laws
Making Laws • A proposed law, a BILL, becomes a laws only after it passes both houses of Congress and is signed by the President.
Thousands of bills are introduced to Congress every year, but about 90% never become a law. Here’s why: • A bill must go through committee before becoming a law. • Because there are so many bills about so many different subjects, different groups of Representatives and Senators focus their attention on specific types of bills.
Committees • The House and the Senate each have standing committee’s that are assigned to study specific issues. They may even break up into smaller subcommittees to study the issue even more in depth. • When House and Senate members work together on a committee it’s called a joint committee. • When a joint committee must settle the differences between a House version of a bill and the Senate version of the same bill, they use a conference committee. They work hard to compromise on the language of a bill. This is a difficult task.
Appropriating Funds • Congress decides what government programs receive funds (money). • Congress controls how much money the government spends.
Working for Constituents • Members of Congress also have a responsibility to work for his or her constituents – the people from their home state who elected them. • They do this by supporting bills that will help their state.
Powers of the Executive Branch Enforcing the Laws and Running Government Agencies
Powers of the President • The President: • Is in charge of many different departments, agencies, and commissions that help run the country.
The President directs the nation’s foreign policy, appoints ambassadors, makes treaties, and enters into executive agreements with foreign leaders (usually about trade)
Is the highest ranking officer in the armed forces (Commander-in-Chief) – remember though, only Congress can declare war.
Can suggest laws and works for their passage by meeting with members of Congress (to try to get them to support his ideas)
Is the living symbol of the United States and welcomes visiting foreign leaders, makes speeches to commemorate national holidays, and gives medals to national heroes
Is seen as the chief symbol of the condition of the United States, in good times and bad
The President’s Cabinet • Called secretaries, the President’s cabinet is the group of people who lead the various executive departments of the government.
Cabinet Examples • Department of Defense (led by the Secretary of Defense) • Department of Agriculture (led by the Secretary of Agriculture) – deals with food quality, crop improvement, and nutrition. • Department of Transportation (led by the Secretary of Transportation) – deals with speed limits, exhaust systems on cars, and highway and vehicle safety.
Other Agencies • CIA – Central Intelligence Agency • Provides secret information to the President about the world’s dangerous and trouble spots. • NASA – National Aeronautics and Space Administration. • The nation’s space program • FTC – Federal Trade Commission • One job of this group is to set rules about advertising and health warning labels for things like cigarettes.
The Judicial Branch Interpreting the Law
Federal District Courts • Most federal cases start off in a federal district court. • There are over 90 district courts around the country. • The cases usually involve criminal law and civil law. • A judge or jury decides these cases.
Circuit or Appellate Courts • All citizens have the right to appeal their case, in which they ask a higher court to review the case. • These higher courts are called circuit, or appellate, courts. • There are 13 circuit courts. • Three judges decide if the original case had errors or not. If it did, they can overturn the decision or send it back to the original district for a new trial.
