US/VA Government:

1. US/VA Government: Chapter 3: The Constitution

2. Chapter 3 Activity • Create a quiz show entitled “Constitutional Jeopardy”. Set up six categories – the six basic principles of the Constitution as outlined in Section 1. Then write three questions-and-answer sets for each category, such as “The president uses this to reject an act of Congress.” (The question is “What is a veto?”) Write each question-and-answer set on a separate sheet of paper and give them to your teacher. The teacher will rank the questions within each category from easiest to hardest. Teacher will read the answer, and the student will respond with the question. Correct response earns points. Harder questions are worth more points.

3. Thoughts… • Ask five people to react to this statement: “In the United States, any citizen can do whatever he or she wants to do.” • List three things that might occur if the Constitution no longer met the needs of the people of the United States.

4. Chapter 3 Vocabulary • Popular sovereignty • Limited government • Constitutionalism • Rule of law • Separation of powers • Checks and balances • Judicial review • Unconstitutional • Federalism • Amendment • Formal amendment • Bill of Rights • Executive agreement

5. Articles of the Constitution Preamble • Article I – Creates the Legislative Branch • Article II – Creates the Executive Branch • Article III – Creates the Judiciary Branch • Article IV – Relations among the States • Article V – Amending the Constitution • Article VI – National debts, supremacy of national law and oaths of office • Article VII - Ratifying the Constitution

6. Chapter 3 Section 1: The Six Basic Principles • What are the six basic principles on which the Constitution of the United States is built? • How does the American system of separation of powers and checks and balances operate? • How did the principle of federalism come to be embodied in the Constitution?

7. U.S. Constitution • U.S. Constitution is our nation’s fundamental law. • One of its strengths is that it does not go in to great detail about how the government should be run. • It is built on six basic principles: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

9. In your own words define sovereign

10. Popular Sovereignty • In the U.S., all political powers belong to the people. The people are sovereign. • Popular sovereignty: people are the only source of governmental power. The government can only govern with the consent of the people. • This principle is in the Declaration of Independence and the U.S. Constitution. • Sovereign people created the federal government and gave it certain powers, and each State government received powers from the people.

12. Limited Government • Limited government: the government is NOT all powerful, it may only do those things that the people have given it the power to do. • The people are the only source of any and all government authority. • Constitutionalism: government must be conducted according to constitutional principles. • Rule of law: government and its officers are always subject to and never above the law.

13. Separation of Powers • Separation of powers: basic principle of American government, the powers of the National Government among Congress are distributed through 3 branches: executive, legislative, and judicial – equally. • Congress is the lawmaking branch. • President is the law-executing, law-enforcing, and law-administering. • Federal courts (Supreme Court) interpret and apply the laws of the United States in cases brought before them.

15. “In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men”

17. Checks and Balances • Checks and balances: each branch of the U.S. government is subject to a number of constitutional checks (restraints) by the other branches. • Each branch has certain powers with which it can check the operations and balance the power of the other two. • Framers intended it to “prevent an unjust combination of the majority.” • Refer to the Diagram on Page 73 for further understanding of checks and balances.

18. TEXT PAGE 73 CHECKS AND BALANCES

19. Checks and Balance Judicial Branch (interprets the laws) • May declare executive acts unconstitutional • May declare acts of Congress unconstitutional • Can be overturned by either an Amendment or overturn themselves (separate but equal) Executive Branch – Carries out the laws • Appoints Supreme Court Justices, Appoints other federal judges • May veto legislation, may call special sessions of Congress

20. Checks and Balances Legislative Branch – Makes the law • May override a President’s veto, may impeach the President, approves appoint of judges, and approves treaties. • Impeachment (a formal document charging a public official with misconduct in office) may be undertaken only for "treason, bribery and other high crimes and misdemeanors." • Two U.S. Presidents have been impeached by the House of Representatives but acquitted at the trials held by the Senate: Andrew Johnson and Bill Clinton. • House of Reps. were never able to fully vote before Nixon resigned • May impeach federal judges, Creates lower courts

22. Judicial Review • Judicial review: power to decide whether what government does is in accord with what the Constitution provides. • Power of a court to determine the constitutionality of a governmental action. • Power held by all federal courts and most state courts. • Power to declare something unconstitutional: declare illegal, null and void, of no force and effect – a governmental action found to violate some provision in the Constitution.

24. Judicial Review • Supreme Court established power of judicial review in the landmark case of Marbury v. Madison in 1803. • Most courts have upheld the rulings of the government to be constitutional. • To date, the Supreme Court has decided more than 130 cases in which it has found an act of Congress to be unconstitutional. • Supreme Court has voided more than 1,000 State laws.

26. Federalism • Federalism: division of power among a central government and several regional governments. • Powers are distributed on a territorial basis. • The National Government holds some of these powers, and others belong to the 50 States. • In the U.S., federalism was decided by the framers of the Constitution.

27. TEXT PAGE 74 Federal Powers Shared Powers State Powers

28. Federal Powers vs. State Powers • Federal Powers – to maintain an army and a navy, to declare war, to coin money, to regulate trade between the States and foreign nations, to make treaties with foreign nations • Shared Powers – To enforce laws, to establish courts, to borrow money, to secure the population, to build infrastructure, to collect taxes, to make laws. • State Powers – to conduct elections, to establish schools, to regulate business within a State, to establish local government, to regulate marriage

30. Chapter 3 Section 2:Formally Amending the Constitution • How has the Constitution been able to endure more than 200 years of extraordinary change and growth in the United States? • What is the Bill of Rights and why was it added to the Constitution? • What are the processes by which formal changes can be made in the Constitution?

33. Federal Amendment Process • Changes to the Constitution have been made by formal and informal amendments. • Amendment: change in or addition to the Constitution or law. • Informal amendments: changes made to the Constitution, but they did not change the written words of the Constitution. • 4 Methods for formal amendments: changes or additions that become part of the written language of the Constitution itself.

35. Federal Amendment Process • 1st Method: amendment may be proposed by Congress by a 2/3 vote in both houses and must be ratified by the State Legislature in ¾ (38)of the States. • 26 of the Constitution’s 27 Amendments were adopted in this manner. • 2nd Method: amendment is proposed by Congress by a 2/3 vote in both houses, and ratified by Conventions held in ¾ (38) of the States. • Only the 21st Amendment was added this way in 1933. ***When Congress proposes an amendment, it chooses the method of ratification.

37. Federal Amendment Process • 3rd Method: amendment is proposed at a National Convention called by Congress when requested by 2/3 (34) of the State legislatures • Ratified by the State legislature with ¾ (38) of the States. • To date Congress has not called such a convention. • 4th Method: amendment is proposed at a National Convention called by Congress when requested by 2/3 (34) of the State legislatures • Ratified by Conventions held in ¾ (38) of the States.

39. Federal Amendment Process • The Constitution itself was adopted using the 4th Method. • When the Constitution is amended, the action represents the expression of the people’s sovereign will – the people have spoken. • An amendment is not sent to the President because the amendment is not making a new law. • More than 100,000 resolutions, and 15,000 joint resolutions have been called for amendments to the Constitution, since 1789. • Only 33 of them have been sent to the States, and of those only 27 have been ratified.

40. Federal Amendment Process • Short list of un-ratified amendments: • 1810: Void citizenship to those accepting any foreign title or honor. • 1924: Give Congress the power to regulate child labor. • 1972: ERA –Equal Rights of Women • 1978: Give District of Columbia seats in Congress

42. The 27 Amendments • Congress proposed all of the first 10 Amendments in 1789. All arose from the ratification of the Constitution itself. • First 10 Amendments were ratified in 1791, and became known as The Bill Of Rights. • Civil War Amendments – 13th, 14th, and 15th Amendments. • 27th Amendment took more than 200 years to ratify. • The Supreme Court has stated that ratification must be within "some reasonable time after the proposal."

43. http://www.texaslre.org/bor/billofrights.html

44. http://www.texaslre.org/bor/billofrights.html

45. Chapter 3 Section 3: Informal Amendment • For what reasons is the informal amendment process the real key to two centuries of constitutional change and development in the United States? • What are the means of informal change?

46. Informal Amendments Adding some flesh to the bone • Informal amendments take place in 5 basic ways: passage of basic legislation by Congress, actions taken by the President, decisions of the Supreme Court, the activities of political parties, and custom. • Informal amendments are the result of day-to-day, year-to-year experiences of government under the Constitution.

48. Basic Legislation • Two Ways: 1. Congress passed a number of laws to clarify several of the Constitution’s brief provisions. • Ex) Judiciary Act of 1789: Congress created all of the courts, with the exception of the Supreme Court. • Ex) Departments, agencies, and offices in the executive branch have been created by acts of Congress. Constitution only had offices for the President and Vice President.

49. Basic Legislation • Two Ways: 2. Congress has added to the Constitution by the way in which it has used many of its powers. • Ex) Expressed power to regulate foreign and interstate commerce: Congress created 1,000’s of laws in relation to the Commerce Clause, and in a very real sense expanded the Constitution.