I. The Six Basic Principles

Transcription

1 The Constitution Chapter 3- Describe the six basic principles on which the Constitution is built and the formal and the informal constitutional amendment processes. Section 1: The Constitution rests on basic principles that have made the United States government unique in the world history. Section 2: Formally amending the Constitution have revised the original words. Section 3: Through modified laws and customs, the Constitution continues to be a living document.

2 3.1 Section Objective: To understand the meaning of the basic principles of the American constitutional system in both their historical and current settings. Outline the important elements of the Constitution. List the nine basic principles of the Constitution. Understand the Articles and Clauses of the Constitution.

3 Vocabulary Preamble Articles Popular Sovereignty Limited Government Constitutionalism Rule of Law Separation of Powers Checks and Balances Veto Judicial Review Marbury v. Madison Unconstitutional Federalism Representative Government Civilian Control of the Military Republicanism Full Faith and Credit Clause Privileges and Immunity Clause Supremacy Clause Necessary and Proper Clause Concept/Ideas What is the purpose of the preamble? How is the Constitution set up? What was the affect of Marbury v. Madison? What is the immediate effect if a law is declared unconstitutional? What is the difference between separation of powers and checks and balances? Using past and present policies/issues, analyze one conflict that arises in our society due to competing constitutional principles or fundamental values (smoking marijuana- pursuit of happiness vs. common good). Explain an example why people may agree on constitutional principles and fundamental values in the abstract, yet disagree over their meaning when they are applied to specific situations.

4 I. The Six Basic Principles A. An Outline of the Constitution 1. Set out basic principles, which the government of the United States was built on and how it operates today. 2. Begins with a short introduction: Preamble and the balance of the original document is divided into seven numbered sections called articles. a) Article 1- Legislative branch b) Article 2- Executive branch c) Article 3- Judicial branch d) Article 4- Relations among the States e) Article 5- Amending the Constitution f) Article 6- National debts, supremacy of national law, and oaths of office g) Article 7- Ratifying the Constitution 3. Watch video clip

5 Constitutional Scavenger Hunt Directions: The answer to each questions can be found in the Constitution in Articles I, II, II, or V. Record your answers on the matrix and make sure to note the Article, Section and Clause in which you found your answer. Write your answers in complete sentences. Let s do the first one together. Questions 1-What is the length of a term of office for members of the U.S. House of Representatives? Answer 1 Article Section Clause Answer in Complete Sentences

6 B. The Basic Principles Found in the US Constitution 1. Popular Sovereignty a) The people are sovereign. b) The government can govern only with the consent of the governed. c) We the people of the United States do ordain and establish this Constitution for the United States of America. The Preamble to the Constitution 2. Limited Government a) The limited government holds that no government is all-powerful, that a government may do only those things that the people have given it the power to do. b) Constitutionalism- The government must be conducted according to constitutional principles. c) Rule of law- holds that government and its officers are always subject to never above the law.

7 3. Separation of Powers a) Separation of Powers- Legislative, Executive, and Judicial powers of government are separated: there are three distinct and independent branches of the government. How does this differ from the Parliamentary system? 4. Checks and Balances a) Legislative, Executive, and Judicial are not completely independent. They are tied together by a system of checks and balances. b) Each branch is subject to a number of constitutional checks by the other branches. (1) The president can veto (reject) any act of Congress, but congress can override the veto by a two/thirds vote. What are the differences between these two CDV? Show video

8 5. Judicial Review a) Power of courts to determine whether what the government does is in accordance with what the Constitution provides (1) Unconstitutional- to declare illegal, null and void; of no force and effect in regard to the Constitution b) Marbury v. Madison c) View video clip 6. Federalism a) the division of power between a central government and several regional governments b) Chocolate Cake Theory

9 7. Representative Government a) One that serves as a delegate or agent for another b) A member of a governmental body, usually legislative, chosen by popular vote c) A member of the U.S. House of Representatives or of the lower house of a state legislature d) Republicanism (1) is the ideology (or state of beliefs) of governing a nation as a republic, where the head of state is appointed by means other than heredity, often elections (2) A republic is a form of government in which the head of state is not a monarch and the people (or at least a part of its people) have an impact on its government (a) The word 'republic' is derived from the Latin phrase res publica, which can be translated as "a public affair" 8. Civilian Control of the Military a) Ultimate responsibility for a country s strategic decision making is in the hands of the civilian political leadership, rather than professional military officers

10 Popular Sovereignty Separation of Powers Representative Government Checks and Balances Federalism Civilian Control of the Military Judicial Review Limited Government In Class: Group work on the Basic Principles (pages and notes). Your assigned group will be given one of the nine principles to teach to the class. You need to develop a lesson that includes: FCAs Definition of the principle Historical background (how did we get this principle? Where did it come from?) Use the principle in today s context (real life situation) Using past and present policies/issues, analyze one conflict that arises in our society due to competing constitutional principles or fundamental values (smoking marijuana- pursuit of happiness vs. common good) Explain an example why people may agree on constitutional principles and fundamental values in the abstract, yet disagree over their meaning when they are applied to specific situations (life vs. the death penalty) Develop and design a bumper sticker showing how that principle is connect to or represented in the US Constitution- you need article, clause, and phrase You will be graded according to your knowledge, organization, professionalism, creativity and FCAs.

11 3.2 Section Objective: To understand the processes of constitutional change and development by formal amendment. Describe four different ways to formally amend, or change the working of, the Constitution. Explain the limits of the formal amendment process and how it reflects federalism. Understand the history and meaning of the 27 amendments to the Constitution, including the Bill of Rights.

12 Vocabulary Amendment Formal amendments Bill of Rights Concepts Describe four possible methods of formal amendment. Amendments 1-10, 13, 14, 15, 19, and 26 How does the formal amendment process illustrate federalism? Both the Schenck case (1919) and the Tinker case (1969) involved antiwar protests. How would you explain the differences between the Supreme Court decisions?

13 II Formal Amendment A. Formal Amendment Process 1. Formal Amendment- changes or additions that become part of the written language in the Constitution a) Method one: Amendment may be proposed by a two-thirds vote in each house of Congress and be ratified by three fourths of the State legislatures (1) 26 out of the 27 Amendments were done this way b) Method two: Amendment may be proposed by Congress and then ratified by conventions in three-fourths of the States (1) 21 st Amendment done this way (a) Congress felt that the conventions popularly elected delegates would reflect public opinion more that State legislatures c) Method three: Amendment may be proposed by a national convention, called to the Congress at the request of two-third votes of the State legislatures today 34 d) Method four: Amendment may be proposed by a national convention and ratified by conventions in three- fourths of the States

14 Draw a mental map for the four ways to formally amend the Constitution. Proposed by Congress by a 2/3 in both houses Ratified by the State legislature ¾ (38) of the States Proposed by 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

15 2. Federalism and Popular Sovereignty a) The formal amendment process emphasizes the federal character of the governmental system How? b) The Constitution is amended, that action represents the expression of the peoples sovereign will. The people have spoken 3. Proposed Amendments a) When both houses of Congress passes a resolution proposing an amendment, Congress sends it to the State, once the State approves the amendment it is finally and added to the Constitution

16 B. The 27 Amendments 1. The Bill of Rights a) The first ten amendments were added to the Constitution three years after it became effective. (Jefferson supports the Constitution) b) Bill of Rights: The first ten amendments of the Constitution. c) Guarantees freedom of belief and expression, freedom and security of the person, and of fair and equal treatment before the law. 2. The Later Amendments a) 27 Amendments in total (1) 27th Amendment- forbids Congress from raising their own pay/salary during that term. It was proposed in 1789 and ratified nearly 203 years later in 1992.

17 Cleft Notes for the Amendments Directions: For each amendment, list the topic/title and the date it was ratified. Then in complete sentences, fill in each dot with a major point from that amendment. Amend. Topic/Date 1 Freedom of Religion * *

18 Comparing the US Constitution and the British Documents Directions: Compare the US Constitution with the three English documents. Come up with 9 common topics between the English documents and the US Constitution. You can use the same article or amendment more than once if you refer to a different portion of it. For example: First Amendments has 5 distinct topics/issues in it and therefore could be used for each topic. US Constitution Issue Magna Carta/ Petition/Bill of Rights 6 th Amend Trial by Jury all three documents

19 Supreme Court Cases Constitutional Issue or Question Petitioner/ Appellant's Arguments v. Respondent/ Appellee's Arguments Supreme Court's Decision or Ruling Ashcroft v. Free Speech Coalition Brown v. Board of Education of Topeka D.C. v. Heller Dennis v. United States Dred Scott v. Sandford Engblom v. Carey Escobedo v. Illinois Furman v. Georgia Gideon v Wainwright Goss v. Lopez Gregg v. Georgia Griswold v. Connecticut Guiles v. Marineau Hazelwood v. Kuhlmeier Hudson v. Michigan Ingram v. Wright Lemon v. Kurtzman Loving v. Virginia Mapp v. Ohio Miranda v. Arizona New Jersey v. T.L.O. New York Times v. United States Olmstead v. United States Government Plessy v. Ferguson Powell v. Alabama Roe v. Wade Roth v. United States Schenck v. United States Texas v. Johnson Tinker v. Des Moines School District United States v. Leon United States v. Miller Wisconsin v. Yoder

20 3.3 Section Objective: To understand the processes of constitutional change and development by informal amendment. Identify how basic legislation has changed the Constitution over time. Explain the powers of the executive branch and the courts to amend the Constitution. Analyze the role of party practices and custom in shaping the Federal Government.

21 Vocabulary Informal Amendment Executive Agreement Treaty Electoral College Cabinet Senatorial Courtesy Concepts What are the five ways to informally amend the Constitution? How does informal amendment differ from formal amendment? What role does the Cabinet play in government?

22 III. Informal Amendment A. Informal amendment: the process, which over time has made many changes to the Constitution, which have not involved any changes in its written words. 1. Basic Legislation a) Congress passed laws that spell out several of the Constitution s brief provisions. (1) Federal Courts (a) Appellate Courts (2) Executive branch departments, agencies, and offices. b) Exercises its powers (1) Regulate foreign commerce

23 2. Executive Action a) Congress declares war, but the President is Commander in Chief of the nation s armed forces (1) President has used the armed forces without Congressional approval (a) Vietnam, Gulf War, Somalia, Haiti b) Executive agreement- a pact made by the President directly with the head of a foreign state (1) They are as legally binding as treaties c) Treaty- a formal agreement between two or more sovereign states 3. Court Decisions a) The US Supreme Court interprets and applies the Constitution (1) Civil Rights

24 4. Party Practices a) The Constitution does not mention political parties, yet from the 1830 s and on, major parties have held national conventions (1) The President makes appointments to offices (2) Electoral College- the group that makes the formal selection of the nation s President (3) The Congress is organized and conducts their business 5. Custom a) Many customs have developed in our governmental system. (1) The head of the 14 executive departments make up the Cabinet (a) Cabinet: an advisory body to the President traditionally made up of the heads of the executive departments and other officers b) No third tradition (1) Washington ( ) (2) Roosevelt (1933, 1937, 1941, 1945) (a) Formal Amendment- 22 Amend (b) A person shall be elected to the office of the President no more than twice