The Constitution

The Constitution Section 1 Six Basic Principals

Supreme Law of the Land • The Constitution, written in 1787, ratified in 1789, is still used over 200 years later. • It is called the Supreme Law of the Land, or highest law in the US

Outline of the Constitution • The Constitution is a fairly short document that is written in a way that it did not become outdated. • When it was written, there were no phones, TV, radio, planes, even the pony express and Morse Code were almost 100 years away.

Outline of the Constitution • It was written to allow for growth, which is why some parts are vague. • The first section is the Preamble, which you have already learned

Outline of the Constitution • It is followed by 7 Articles, 6 are still used today • The first 3 describe the qualifications, duties and responsibilities for the 3 branches of government.

Outline of the Constitution • The Amendments are at the bottom. • The first 10, the Bill of Rights, were written in 1791. • The other 17 were written and ratified over the last 215 years.

Basic Principles • The Constitution is build around 6 principles: • Popular sovereignty • Limited government • Separation of powers • Checks and balances • Judicial review • federalism

Basic Principles • Popular Sovereignty – all political power resides in the hands of its citizens. Government exists only with the consent of its people

Basic Principles • Limited Government – the government and its officials can only do things that the people allow them to do • Constitutionalism and rule of law enforce this

Basic Principles • Separation of Powers – the 3 branches have different duties and responsibilities. No other branch can take on the responsibilities of another.

Basic Principles • Checks and Balances – each branch as the duty to check on the other branches to prevent them from becoming too powerful.

Checks and Balances Legislative Branch Can override Presidential vetoes Confirms appointments Declares war Executive Branch Can veto Appoints members to Supreme Court Moves troops Judicial Branch Declares laws unconstitutional Judicial Review

Executive Branch Powers • The President’s powers are to: • Sign or veto laws • Enforce laws • Lead the military as Commander in Chief • Nominate cabinet and Supreme Court members

Legislative Branch Powers • The Legislative Branch is Congress • There are 2 houses in Congress • Senate – 100 members elected for 6 years • House of Representatives – 435 members elected for 2 years

Legislative Branch Powers • The House’s powers are to: • Make laws • Declare war • Impeach a president

Legislative Branch Powers • The Senate’s powers are to: • Make laws • Declare war • Remove a president • Override a presidential veto • Approve presidential appointments

Judicial Branch Powers • The Senate’s powers are to: • Decides the Constitutionality of legislation.

Judicial Review • The Supreme Court can look at and review any legislation to determine its constitutionality. • Marbury v. Madison, 1803, established the power of judicial review.

Judicial Review • The Supreme Court hears cases brought before it to decide the Constitutionality of a case. • If the case was not legal, the defendant gets a new trial.

Miranda v. Arizona • Miranda was arrested for the rape of an Arizona girl. He confessed during questioning. • The confession was used in court and he was sentenced.

Miranda v. Arizona • His attorney appealed his case because Miranda confessed without knowing he could have an attorney if he asked. • The Supreme Court decided that his confession could not be used at his trial

Miranda v. Arizona • He got a new trial • His victim testified, she did not need to in the first trial • He was again found guilty and sentenced to prison, again. • The Supreme Court did not decide on his guilt or innocence

Miranda v. Arizona • Because of this case, we now have the Miranda Rights, explaining all the rights an accused person has before they are questioned.

Miranda v. Arizona • BTW – after Miranda’s second trial, he was stabbed to death by another prisoner.

Skinner V. Oklahoma • OK law stated that Skinner, a 3 time felon, would be castrated • The Supreme Court overturned OK State Law. • There was no new trial as the law was thrown out

Federalism • The federal government can coin money, the states cannot • The State governments can make marriage laws, the federal government cannot

Federalism • Both the federal and state governments can tax people to raise revenue.

The Constitution Section 2 and 3 Formal Amendments and Other Constitutional Changes

A Living Document • The framers wanted the new government to be able to grow with the country. • When it was written, America was an agricultural nation with less than 4 million people

A Living Document • Today, we are a technology based country with more than 300 million people. • Even with the changes, the Constitution has only been changed 27 times.

Amendments • The Constitution can be changed 2 ways • Formal amendments, the process is in Article V • Informal amendments

Formal Amendments • Proposals can be made by • 2/3 vote in each House • All 27 amendments have been proposed this way

Formal Amendments • Proposals can be made by • 2/3 of the state legislatures • This way has never been used

Formal Amendments • Proposals can be ratified by • ¾ vote of the state legislatures • 26 of 27 amendments have been approved this way

Formal Amendments • Proposals can be ratified by • ¾ vote at state conventions • Only the 18th Amendment has been ratified this way

Formal Amendments • Amendments are difficult to pass because • 2/3 vote needed in Congress • Heavily populated and sparsely populated states must agree • ¾ states must agree within 7 years

Formal Amendments • The Equal Rights Amendment did not pass because many states did not agree and court cases were taking care of the problem

Formal Amendments • The 26th Amendment gave 18 year olds the right to vote in 1971 • This had equal appeal for all since boys were drafted to fight in Vietnam

Possible Amendments • Gay Marriage • Flag Burning

Amendments • The last amendment, 1992, gives any pay raises passed by Congress to go into effect during the following Congressional session.

Vocabulary • Executive agreement –a pact made by the president with the head of a foreign nation • Treaty - a formal agreement between 2 states

Vocabulary • Electoral college – the group that elects the president • Cabinet – an advisory body for the president. Members are nominated by the Pres and confirmed by the Senate

Other Amendment Methods • Legislation - Congress passes a law. It’s the fast way to make a change and the way it is usually done

Other Amendment Methods • Executive Action – the president can make things happen, move troops, make agreements with foreign countries and take action to protect America

Other Amendment Methods • Court Decisions – The Supreme Court adapts decisions to modern events • They reversed Plessy v. Ferguson in the 1954 decision, Brown v. Topeka

Other Amendment Methods • Party Practices – Political parties make decisions, platforms, for their candidates t win elections

Other Amendment Methods • Custom – some practices are unwritten but are done because of tradition • There is nothing in the Constitution about a Cabinet but all presidents have one

The Constitution