Big Ideas How can you make everyone happy? Checks and balances... what does that look like? How much power should anyone have?

Transcription

1 Big Ideas How can you make everyone happy? Checks and balances... what does that look like? How much power should anyone have?

2 THE CONSTITUTION GOALS OF THE CONSTITUTION Form a More Perfect Union Establish Justice Insure Domestic Tranquility Provide for the Common Defense Promote the General Welfare refer to problems under the Articles of Confederation PREAMBLE = Intro

3 Principles of the Constitution deal with limiting the power of gov't and ensuring peoples rights Popular Sovereignty The people rule. Limited Government The people retain certain rights that cannot be denied by the government. Federalism The states and the federal government share power. Separation of Power 3 Branches + Checks & Balances (Montesquieu) Rule of Law Everyone must follow the law.

4 STRUCTURE OF THE CONSTITUTION Powers of the Constitution Enumerated Powers: NUMBERED in Article 1 Section 8 The authority Congress specifically has use of Expressed Powers: Powers directly stated in the constitution (same as enumerated powers) Elastic Clause #18: the enumerated power known as the "necessary and proper" clause Congress can pass any new law to carry out the specific enumerated powers Implied Powers: Powers needed to do the expressed powers but not specifically mentioned in the Constitution. (unwritten power) Inherent Powers: Powers that the national gov't may exercise simply because it is a gov't (unwritten) Expand territory, defend from revolution, control countries borders 7 ARTICLES OF THE CONSTITUTION Article I Legislative Branch Article II Executive Branch Article III Judicial Branch Article IV States and Federal Gov Article V Amendment Process Article VI Supremacy of National Law Article VII Ratification

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6 ARTICLE I: LEGISLATIVE BRANCH CONGRESS (BICAMERAL) PURPOSE = MAKE LAWS HOUSE OF REPRESENTATIVES Based on State Population Directly Elected by People 2 year term, must be 25 SENATE 2 Per State 6 year term, 30 years old Originally selected by State Legislatures Today Directly Elected MAJOR POWERS OF CONGRESS (Sec. 8) Tax/Tax Imports (stuff coming in) Declare War Raise/Maintain and Army Regulate Interstate Trade (states) Elastic Clause (power make laws down the road!) Create Postal System Coin Money Create Lower Federal Courts POWERS DENIED CONGRESS Suspend Writ of Habeas Corpus (right to trial) Pass Bills of Attainder (groups right to trial) Ex Post Facto Law (can't change laws to punish) Tax Exports (Would hurt southern farmers)

7 ARTICLE II: EXECUTIVE BRANCH PRESIDENT: PURPOSE ENFORCE THE LAW Elected for 4 years, must be 35, natural born citizen of USA ROLES OF THE PRESIDENT Chief Executive Commander-in-Chief Legislative Leader Protector of the economy Chief of State Foreign Policy Maker/Diplomat POWERS OF THE PRESIDENT Enforce laws passed by Congress Send troops into battle Enter into Treaties Appoint Federal Judges Appoint Ambassadors Grant Pardons - Reprieves

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9 ARTICLE III: JUDICIAL BRANCH SUPREME COURT PURPOSE INTERPRET THE LAW SUPREME COURT 9 Justices Appointed by the President / Confirmed by Senate Justices serve life terms Supreme Court oversees actions of Congress and the President Court uses the Constitution to make sure government actions are Constitutional (laws/policies) Highest court in all the land

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11 ARTICLE IV: RELATIONS AMONG THE STATES establishes what the states agree to do for one another what the federal government will provide to each state STATE to STATE Respect laws, contracts, etc.. Full Faith & Credit Extradition send criminal to stand trial in other states. FEDERAL to STATE Rules for admitting new states to the Union Republican form of Government Protect against invasion

12 ARTICLE V: AMENDMENTS PROCESS BY WHICH CHANGES CAN BE MADE TO THE CONSTITUTION PROPOSAL Amendments to the Constitution must be approved by 2/3 of both houses of Congress to be proposed RATIFICATION Amendments must be ratified by ¾ of the State Legislatures (or) 2/3 of the states call for a national convention for the proposal of an amendment

13 ARTICLE VI: SUPREMACY OF NATIONAL LAW All debts contracted under the Articles of Confederation will be honored by US Government US Constitution, Federal Law, and Treaties are the Supreme Law of the Land (Supremacy Clause) All Federal Public Officials will take an oath to protect and support the Constitution >

14 ARTICLE VII: RATIFICATION For the Constitution to go into effect, it had to be ratified, approved by 9 of 13 states. RATIFICATION 9 of 13 STATES

15 Bill of Rights First 10 amendments (change to document through special process) Tacked onto Constitution to keep Anti-Federalists fears of government having too much power Allowed for ratification of Constitution by all 13 colonies Inspiration from George Mason, English Bill of Rights, Magna Carta All powers not mentioned in Constitution go to the states and people! Amendment 1 Freedom of Speech, Press, Religion, Petition, & Assembly Amendment 2 Right to Bear Arms Amendment 3 Quartering of Soldiers Amendment 4 Search & Seizure Amendment 5 Rights of the Accused Amendment 6 Requirements for a Jury Trial Amendment 7 Rules of Common Law Amendment 8 Limits on Criminal Punishment Amendment 9 Rights Kept by the People Amendment 10 Powers of the States and the People