2/4/2016. Structure. Structure (cont.) Constitution Amendments and Concepts

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1 Constitution Amendments and Concepts Structure The U.S. Constitution is divided into three parts: the preamble, seven divisions called articles, and the amendments. The Preamble explains why the constitution was written and the purpose of government. Article I establishes the legislative branch. Section 1 creates the Congress. Structure (cont.) Sections 2 and 3 set forth details about the two houses of Congress: the House of Representatives and the Senate. Article II creates an executive branch to carry out laws created by Congress. Its sections outline the detail of presidential powers, describe required presidential qualifications, and provide for a vice president. 1

2 Structure (cont.) Article III creates a judicial branch. Section I establishes a Supreme Court to head the judicial branch. Section 2 outlines the jurisdiction, or authority, of the Supreme Court and other federal courts. Section 3 defines treason. Structure (cont.) Article IV explains the relationship of the states to one another and to the national government. Article V spells out the ways the Constitution can be amended. Article VI contains the supremacy clause, establishing that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land. Structure (cont.) Article VII addresses ratification and declares that the Constitution would take effect after it was ratified by nine states. The Amendments are the changes made to the Constitution. 2

3 Which part of the Constitution spells out the process for amending it? A. Article II B. Article V C. the preamble D. Article VII Major Principles The Constitution rests on six major principles of government: Popular sovereignty rule by the people. Federalism power is divided between national and state governments. Major Principles of the Constitution 3

4 Major Principles (cont.) Separation of powers limits the central government by dividing power among the legislative, executive, and judicial branches. Checks and balances each branch of government exercises some control over the others. For example, the president can check Congress by rejecting vetoing its legislation. Major Principles (cont.) Judicial review the power of the courts to say that laws and actions of local, state, or national governments are invalid when they conflict with the Constitution. Limited government lists the powers the government is allowed and the powers that are prohibited to it. 4

5 When the president vetoes Congressional legislation, which major principle of the constitution is he exercising? A. judicial review B. separation of powers C. checks and balances D. popular sovereignty The Legislative Branch The Founders limited the powers of Congress to expressed powers, powers directly stated in the Constitution. Most expressed powers are enumerated powers, itemized by numbers 1 through 18. Five of the enumerated powers deal with economic matters the power to: levy taxes, borrow money, The Legislative Branch (cont.) regulate commerce, coin money, and punish counterfeiting. Seven enumerated powers provide for defense, including the power to declare war, raise and support armed forces, and organize the militia. 5

6 The Legislative Branch (cont.) Additional enumerated powers give Congress the power to naturalize citizens and establish post offices and courts. The final enumerated power is the elastic clause, which lets Congress stretch its powers to meet situations the Founders could not anticipate. The elastic clause states that A. the presidency can stretch its powers to limit the power of Congress. B. Congress can stretch its powers to rule on judicial matters. C. Congress can stretch its powers to meet situations the Founders could not anticipate. The Executive Branch The president is the head of the executive branch. Article II grants the presidency broad and vague powers. Sections 2 and 3 of Article II define the specific powers of the presidency: The president is the commander in chief of the armed forces and the state militias. 6

7 The Executive Branch (cont.) With the consent of the Senate, the president appoints heads of the executive departments. The president can pardon people convicted of federal crimes, except in cases of impeachment. The president makes treaties with foreign nations with the Senate s advice and consent. The Executive Branch (cont.) With the Senate s consent, the president appoints ambassadors, federal court judges, and other top officials. The president delivers an annual State of the Union message, and other messages, to Congress from time to time. The president calls Congress into special session when necessary. The president meets with heads of state, ambassadors, and other foreign officials. The Executive Branch (cont.) The president commissions all military officers of the United States. The president ensures that the laws passed by Congress are faithfully executed. Unlike early presidents, modern presidents have a vast federal bureaucracy made up of all executive branch employees. 7

8 Which is a specified power of the executive branch? A. the power to coin money and levy taxes B. the power to declare war C. the power to impeach justices D. the power to ensure that laws passed by Congress are faithfully executed The Judicial Branch The American judiciary is made up of two different court systems: the federal court system whose powers derive from the Constitution and federal laws, and the courts of the 50 states whose powers derive from the various state constitutions and their laws. The Judicial Branch (cont.) Two factors determine federal jurisdiction: the subject matter of the case, and who is involved in the case. Marbury v. Madison established the principle of judicial review and elevated the Supreme Court to a status that balanced the legislative and executive branches. 8

9 The Judicial Branch (cont.) When ruling on constitutional issues, the Supreme Court cannot be overturned except by a constitutional amendment. Congress can effectively overturn a Supreme Court decision on a federal statute by enacting a new law. What factors determine federal jurisdiction? A. subject matter of the case B. the year the case was petitioned C. the amount of money involved in the case D. the year the case was appealed Shared Power and Conflict The executive branch provides plans for many of the laws that Congress considers. There are several sources of conflict between the executive and legislative branches, including: the expanding power of the presidency, congressional responsibility to monitor how the executive branch enforces the law, and different goals, constituents, and philosophy of government. 9

10 Shared Power and Conflict (cont.) Congress can create lower federal courts and limit the Supreme Court s jurisdiction. Some Supreme Court decisions require action of the president. In rare cases a president has refused to enforce the Court s decision. Which represents a potential conflict between the judicial and legislative branches? A. the expanding power of the executive branch B. the president s refusal to enforce a Supreme Court decisions C. creating lower federal courts that limit the Supreme Court s power 10

11 The Amendment Process The Founders provided for change to the Constitution with Article 5. Constitutional amendments may be proposed and ratified, or approved, in two ways: a two-thirds vote in the House and Senate, or two-thirds of the states petition, or appeal to, Congress to call a convention. Process for Amending the Constitution The Amendment Process (cont.) In the 1980s and early 1990s, 32 state legislatures petitioned Congress for a convention to propose a balanced budget amendment. 11

12 The Amendment Process (cont.) Congress has two methods for obtaining state approval when an amendment is proposed: The legislatures in three-fourths of the states can ratify an amendment. The states hold special conventions and need three-fourths of the conventions to approve it. The Amendment Process (cont.) Congress set a rule that says there is a time limit seven years for states to ratify an amendment. According to Congress, how long does a state have to ratify an amendment? A. one year B. two years C. four years D. seven years 12

13 Indirect Ways the Constitution Changes There are two indirect ways to adapt the Constitution for changing times: Changes through law For example, Article I gives Congress the power to lay and collect taxes but does not spell out the practical details. Passing tax laws is one way Congress has expanded the scope of its power. Indirect Ways the Constitution Changes (cont.) Changes through practices For example, Article II says the Congress may impeach, or accuse, federal officials and remove them from office, but is vague on the types of crimes. Interpreting Article II is one way Congress can adapt the Constitution. How does Article II of the Constitution expand the executive branch? A. by passing tax laws to collect revenue B. by creating agencies C. by creating the Supreme Court and other federal courts D. by allowing ratified amendments to become law 13

14 Informal Presidential Changes The actions of presidents have affected the interpretation of the Constitution. Modern presidents often conduct foreign affairs by executive agreement agreements between heads of states instead of the treaty process specified in the Constitution. Why might a president conduct foreign affairs through executive agreement rather than employing a treaty? A. An executive agreement requires House approval. B. A treaty requires House approval. C. An executive agreement can be made without Senate approval. D. A treaty can be made without Senate approval. Court Decisions Through judicial review, the Supreme Court plays a key role in interpreting the meaning of words and phrases in the Constitution. Those who support judicial restraint believe that the Court should avoid taking initiative on social and political issues. Those who support judicial activism believe that the Court should actively help settle difficult social and political questions. 14

15 Those who believe the Court should actively help settle difficult social and political questions support A. judicial restraint. B. judicial activism. Changes Through Custom and Use The Constitution can be changed informally through customs that develop over time. Political parties are a good example of a custom not mentioned in the Constitution that affects elections and congressional conduct. How has the U.S. Constitution remained the law of the land for over 200 years? A. It is rigid and cannot change. B. It is flexible and can change through custom and practice. C. It can only change through revolution. 15

16 In your opinion, which First Amendment protection is most important to U.S. citizens? A. freedom of religion B. freedom of press C. freedom to assemble in groups D. freedom to criticize the government The Bill of Rights The Bill of Rights protects individual rights by limiting government power. Almost all of the provisions of the Bill of Rights have been incorporated into the states via the incorporation doctrine. The First Amendment protects the right of Americans to worship as they please, or to have no religion at all. 16

17 The Bill of Rights (cont.) The First Amendment also protects freedom of speech and freedom of the press. The American press is not subject to prior restraint, meaning government cannot censor information before it is published or broadcast. Freedom of speech is not unlimited there are laws prohibiting slander and libel. The Bill of Rights The Bill of Rights (cont.) The Second Amendment ensures citizens and the nation the right to security. Though it seems to support the right to own firearms, it does not prevent Congress from regulating the interstate sale of weapons. The Bill of Rights 17

18 The Bill of Rights (cont.) The Fourth Amendment limits the government s power to conduct searches and seizures by protecting the right to privacy. To be lawful, a search or arrest must be based on probable cause a reasonable basis to believe a person or premises are linked to a crime. A search or an arrest usually requires a search warrant or arrest warrant. The Bill of Rights (cont.) The Fifth Amendment contains four important protections for people accused of crimes: No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial. A person found innocent may not be tried again for the same offense. No one may be forced to testify against himself or herself. 18

19 The Bill of Rights (cont.) No one can be deprived of life, liberty, or property without due process of the law. The Fifth Amendment also defines government s right of eminent domain the power of government to take private property for public use. The Bill of Rights (cont.) The Sixth Amendment gives an accused person several rights, including: the right to a speedy, public trial. the right to a trial by an impartial jury. the right to know the charges against them, so that they can prepare a defense. The Bill of Rights (cont.) The Seventh Amendment provides for the right to a jury trial in federal courts to settle all disputes about property worth more than $20. The Eighth Amendment: prohibits excessive bail. prevents excessive fines. bans cruel and unusual punishment for crimes. 19

20 The Bill of Rights (cont.) The Ninth Amendment states that all other rights not spelled out in the Constitution are retained by the people. The Tenth Amendment states that powers not delegated to the United States nor prohibited to the States, are reserved to the States respectively, or to the people. According to the Fourth Amendment, the government s power to conduct search and seizure: A. must be based on probably cause. B. usually requires a warrant. C. is not subject to oversight. D. A and B 20

21 Other Amendments The Eleventh Amendment prohibits a state from being sued in federal court by citizens of another state or of another nation. The Twelfth Amendment requires the Electoral College to use separate ballots in voting for president and vice president. The Thirteenth Amendment outlaws slavery. Other Amendments (cont.) The Fourteenth Amendment protects the rights of all citizens by prohibiting a state from depriving a person of life, liberty or property without due process of law. The Fifteenth Amendment prohibits the government from denying a person s right to vote on the basis of race. 21

22 Other Amendments (cont.) The Sixteenth Amendment gives Congress the power to levy individual income taxes. The Seventeenth Amendment says that the people, not state legislatures, elect United States senators directly. Other Amendments (cont.) The Eighteenth Amendment prohibited the manufacture, sale, or transportation of alcoholic beverages, concluding a crusade to abolish the use of liquor that began in the 1830s. The Nineteenth Amendment guarantees women the right to vote. Other Amendments (cont.) The Twentieth Amendment sets new dates for when the president and vice president are inaugurated and when Congress begins its term. This prevented long periods of ineffective outgoing officials, or lame ducks. 22

23 Other Amendments (cont.) The Twenty-first Amendment repeals the unsuccessful Eighteenth Amendment. The Twenty-second Amendment limits presidents to a maximum of two elected terms. Other Amendments (cont.) The Twenty-third Amendment gave the District of Columbia three presidential electors, the number it would receive if it were a state. The Twenty-fourth Amendment prohibits poll taxes taxes that are paid in order to vote in federal elections. Other Amendments (cont.) The Twenty-fifth Amendment establishes a process for the vice president to take over the office of president if that person is disabled and lays down the process for filling the vice presidency if that office becomes vacant. The Twenty-sixth Amendment lowers the voting age in federal and state elections to

24 Other Amendments (cont.) The Twenty-seventh Amendment makes congressional pay raises effective during the term following their passage. The Twenty-first Amendment repeals which unsuccessful amendment? A. the Second Amendment B. the Twentieth Amendment C. the Eighteenth Amendment D. the Sixth Amendment 24

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