The Constitution Chapter 3 Name Block Date 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 with-in the Constitution 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 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. Which basic US Constitutional principal does each clauses represent?
I The Consititutional Principles A. An Outline of the Constitution 1., 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. (see chapter 1 notes) a) Article 1 - b) Article 2- c) Article 3- d) Article 4- 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 2
Constitutional Scavenger Hunt Directions: The answer to each questions can be found in the Constitution in Articles I, II, III, IV or VI. 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. 3 1 What is the length of a term of office for members of the U.S. House of Representatives? 2 How old must one be to be elected to the U.S. House of Representatives? 3 Who has the power to propose a law to raise revenue (a tax law)? 4 Who has the sole power of impeachment (removing someone from office)? 5 What is the length of a term of office for members of the Unites States Senate? 6 How old must one be to be elected to the United States Senate? 7 Who must approve people- like ambassadors, judges, and cabinet members-that the president appoints to government positions? 8 Who must approve any treaties that are made with foreign countries? 9 Who has the sole power to try (bring to trial) all impeachments 10 Who has legislative (lawmaking) powers? 11 Who has the power to declare war? 12 What can the legislative branch do if the president vetoes a bill? 13 Who has the power to propose amendments to the Constitution of the Unites States? 14 What is the length of a term of office for the president of the United States? 15 How old must one be to be elected president of the United States? 16 Who has the power to approve or veto laws? 17 Who has the power to make treaties with foreign countries? 18 Who has the power to nominate judges to the Supreme Court? 19 Who has the power to nominate ambassadors, public ministers, or other officers of the United States- such as members of the Cabinet? 20 Who is the Commander in Chief of U.S. military forces? 21 What is the length of term of office for the Justices for the United States Supreme Court? 22 Who has the power to review all laws and treaties of the United States? 23 Who has the power to settle disputes involving the United States? 24 Who has the power to settle disputes between different states? 25 Who presides over any impeachment trials of the president of the United States? 26 What is the Full Faith and Credit Clause and what does it mean? 27 What is the Privileges and Immunity Clause what does it mean (both parts) 28 What is the Supremacy Clause and what does it mean? 29 What is the Commerce Clause and what does it mean? 30 What is the Necessary and Proper Clause and what does it mean?
4 Quest. Article Section Clause Answer in Complete Sentences 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
B. The Basic Principles Founded in the US Constitution 1. Popular Sovereignty a) 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) b) Constitutionalism- c) Rule of law- 3. Separation of Powers a) Separation of Powers- Legislative, Executive, and Judicial powers of government are separated: How does this differ from a Parliamentary system of government? 4. Checks and Balances a) Legislative, Executive, and Judicial are not completely independent. b) (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? 5
5. Judicial Review a) Powers of the court (1) Unconstitutionalb) Marbury vs. Madison c)video Clip 6. Federalism a) Federalism- b) Chocolate Cake Theory 7. Representative Government a) One that serves as a delegate or agent for another b) 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 for a country's is in the hands of the political leadership, rather than professional 6
In Class: Group work on the Basic Principles (pages 65-70 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. Popular Sovereignty Separation of Powers Representative Government Checks and Balances Federalism Civilian Control of the Military Judicial Review Limited Government 7
Notes over presentations: Concept Information Historic Background Past and present issue where society conflicts due to competing principles Why people agree in principle, yet disagree over specifics Connected to the Constitution. 8
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. 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? 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) b) Method two: Amendment may be proposed by Congress and then ratified by conventions in three-fourths of the States (1) (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 9
Draw a mental map for the four ways to formally amend the US Constitution. 10 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 B. The 27 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 final and added to the Constitution 1. The Bill of Rights a) b) Bill of Rights: c) 2. The Later Amendments a) 27 Amendments in total a) 27 th Amendment- forbids Congress from raising their own pay during that term. It was proposed in 1789 and ratified nearly 203 years later in 1992
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 and Date Ratified 1 Freedom of Religion * * 11 2 3 4 5 6
7 8 9 10 11 12 13 14 Section 1 Due Process Clause- Equal Protection Clause- Section 2 Section 3 Section 4 12
15 16 17 18 19 20 21 22 23 24 25 26 27 13
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. U.S. Constitution (Specific Amendment) Issue/Subject/ Topic Magna Carta/ Petition of Rights/ Bill of Rights 6 th Amendment Trial By Jury All three documents 14
Supreme Court Cases Constitutional Issue or Question Petitioner/ Appellant's Arguments 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 15
Supreme Court Cases Constitutional Issue or Question Petitioner/ Appellant's Arguments Respondent/ Appellee's Arguments Supreme Court's Decision or Ruling 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 16
Supreme Court Cases Constitutional Issue or Question Petitioner/ Appellant's Arguments Respondent/ Appellee's Arguments Supreme Court's Decision or Ruling 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 17
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. 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? 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) b) (1) Federal Courts (a) Appellate Courts (2) Executive branch departments, agencies, and offices (1) Regulate foreign commerce 18
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. b) Executive Agreement- (1) c) Treaty- (a) Vietnam, Gulf War, Somalia, Haiti 3. Court Decisions a) 4. Party Practices (1) Civil Rights a) The Constitution does not mention political parties, (1) The President makes appointments to offices 5. Custom (2) Electoral College- (3) a) Many customs have developed in our governmental system. (1) The head of the 14 executive departments make up the Cabinet (a) Cabinet: b) No third tradition (1) Washington (1789-1797) (John Adams, Thomas Jefferson, James Madison actually started the tradition) (2) Roosevelt (1933, 1937, 1941, 1945) (a) Formal Amendment- 22 Amend (ratified in 1951) (b) A person shall be elected to the office of the President no more than twice. 19
+ + = 20 10 9 39 Chapter 3 Section1 1) The idea that government and its officers are always subject to- never above- the law is described as. 2) The principle of expresses the concept that government must be conducted according to constitutional principles. 3) Judicial review is the power to declare a government action that violates some provision of the Constitution to be. 4) The is the brief introduction that begins the Constitution. Directions: Document where in the US Constitution the principle may be found then explain why people may agree this constitutional principle in the abstract, yet disagree over their meaning when it is applied to specific situations (2 pts each). 5) 6) 7) 8) 9) Principles Constitutional 10) 11) 12) 20 20
Section 2 1. List the two steps involved in the first method of amending the Constitution. (1pt.) a. b. 2. List the two steps involved in the second method of amending the Constitution. (1pt.) a. b. 3. List the two steps involved in the third method of amending the Constitution. (1pt.) a. b. 4. List the two steps involved in the fourth method of amending the Constitution. (1pt. ) a. b. The 27 Amendments 5. Explain how The Bill of Rights restrains the power of the government over the individual.(2pts.) 6. Which Amendments were result of the Civil War and how they either extended or limited the power of government? (2 pts.) 7. Define suffrage and list the amendments that demonstrate it. (2 pts.) 10 21
Section 3 Complete the chart by writing a definition and example of each method of informal amendments. Basic Legislation Executive Action Informal Amendment Process Court Decisions Party Practices Custom Define: 1. Informal amendment 2. Executive agreement 3. Senatorial courtesy 4. What is the difference between an executive agreement and executive action? 22 9
Class Agenda, Assignment, Homework and Employability Log: Remember if you don't receive employability points today, you still need to complete the assignment because when you turn your whole packet in, you receive assignment points. Date Class Agenda Assignments Due Date Handed d In Comments 23
Date Class Agenda Assignments Due Date Handed In Comments 24