The Framers of the Constitution worked some ideas into the Constitution that were intended to stop government from growing too powerful. I.

Transcription

1

2 The Framers of the Constitution worked some ideas into the Constitution that were intended to stop government from growing too powerful. I. -Limited Government: All laws must follow the Constitution II. -Rule of Law: Government can t violate the law regardless of how good their intentions are. III. -Federalism: Power is divided between the federal government & the states IV. -Checks & Balances: The three branches of government each have separate powers in order to prevent any one branch from growing too powerful. V. Legislative Supremacy: Congress is the most powerful of all three branches.

3 The U.S. Constitution is composed of three major parts: The Preamble The Articles The Amendments

4 THE PREAMBLE: Explains why the Constitution was written and what purposes it serves. 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 to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

5 THE ARTICLES: Describe the organization and powers of the three branches of the federal government. There are seven articles total. EXAMPLE: Article I describes the structure and powers of Congress. Article II describes the powers of the Executive Branch.

6 Amendments provide protection for basic liberties, but they can change the structure and procedures of the government. EXAMPLE: 2 nd Amendment protects the right to keep and bear arms. EXAMPLE: 17 th Amendment changed the way Senators are elected.

7 TWO WAYS: I. Amendment Proposed by Congress STEP ONE: Must be passed by 2/3rds of each house. STEP TWO: Must be ratified by 3/4ths of the states. Why: To fix problems caused by state or federal laws or unforeseen problems in the Constitution.

8 II. *Convention of the States STEP ONE: Convention must be called for by 2/3rds of state governments (34 states). STEP TWO: Proposal for a new amendment is made at the convention and must be passed by 2/3rds vote. STEP THREE: 3/4ths of states (38) must ratify the amendment. Why: To stop the federal government from becoming tyrannical. *Never been done-yet (28 states have called for one.

9 Your fundamental liberties are outlined in the Bill of Rights-the first ten amendments to the Constitution.

10 FREEDOM OF EXPRESSION INCLUDES FREEDOMS OF SPEECH (Verbal or symbolic speech against the government) PRESS (Covering events or government misdeeds) ASSEMBLY (Meeting in groups) PETITION (Asking the government to redress grievances) RELIGION (Practice your faith within limits and not be forced to follow a state religion)

11 An individual has the right to possess weapons for the purpose of fighting tyrannical government or self-defense.

12 -The government cannot quarter soldiers in your house without your permission.

13 -Protection against unreasonable search and seizure

14

15 -protected from selfincrimination (Miranda rights) and doublejeopardy

16 You are entitled to: -a speedy public trial and an attorney to help you.

17 What it means You are entitled to: -a jury in civil cases over $20.

18 It protects you from: -excessive bail & fines. -cruel and unusual punishment.

19 Any rights not specifically mentioned in the constitution are automatically yours, such as: -choosing where you want to live. -choosing your profession.

20 Individual states get all powers not exclusively given to the Federal Government. Designed to keep the federal government from getting too powerful

21 HOW A POLITICIAN, LAWYER OR JUDGE INTERPRETS THE CONSTITUTION FALLs INTO TWO CATEGORIES: Strict Constructionists vs. Loose Constructionists

22 Strict Constructionists (AKA ORIGINALISTS ): Believe that unless the Constitution says the government can do something, then it shouldn t be doing it. Ex: The Constitution doesn t say the government can force someone to purchase something, so how can they do it? Believe in Original Intent of the Founding Fathers

23 Loose Constructionists: Believe that unless the Constitution says the government cannot do something, then it is ok to do it. Ex: The Constitution doesn t say the government can t force someone to purchase something, so it should be legal.

24 LEGISLATIVE CHECKS EXECUTIVE Refusal to pass law POTUS wants Overriding a Veto (2/3rds of ea. House) Refusal to Confirm Presidential Appointment (Senate) Refusal to Ratify Treaty (Senate) EXECUTIVE CHECKS LEGISLATIVE Veto May appeal to the American People Refusal to enforce laws (May be unconstitutional) LEGISLATIVE BRANCH Writes laws Appropriates Money Confirms Presidential Appointments Raises Revenue Ratifies Treaties Declares War Raises and Maintains an Army JUDICIAL CHECKS LEGISLATIVE Can declare a law to be unconstitutional (Judicial Review) LEGISLATIVE CHECKS JUDICIAL Changing number and jurisdiction of the lower courts Impeaching a Judge Refusing to Confirm a Judge EXECUTIVE BRANCH Administers Laws Appoints Ambassadors, Judges, Cabinet Officials et. al. Negotiates treaties Conducts Foreign Policy Proposes Laws Commands Armed Forces JUDICIAL CHECKS EXECUTIVE Can declare actions of POTUS or Executive Branch officials unconstitutional EXECUTIVE CHECKS JUDICIAL POTUS appoints all federal judges JUDICIAL BRANCH Interprets Laws Reviews Court Decisions