chapter three (mhs)
TRANSCRIPT
Chapter ThreeThe Constitution
Constitution
Structure and PrinciplesSection One
Structure• The U.S. Constitution
is extremely simple and brief compared to others around the world.
• The Framers wisely left it to future generations to work out such details as the need arose.
• 7,000 word separated into three pars.
Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure 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.
Is this the answer to your homework assignment?
Seven Articles
First- Legislative Branch• Make laws• Powers
Second- Executive Branch• Qualifications• Electing• Powers
Articles
Three- Judicial• Create federal courts• Jurisdiction- the authority of the supreme to
rule over case.
Four- States Relationship to Federal
• Article of the Constitution that regulates the states' powers, and their interaction with the National government.
Five- Amending the Constitution• sets up the amendment process.
Articles
Six- Supreme Law of the Land• No law can supersede the Constitution
(Supremacy Clause)
Seven- Ratification• 9 out of 12 states have to ratify
Major Principles
1. Popular Sovereignty- People are the source of governmental power.
2. Federalism- Power is divided between national and state government.
3. Separation of Powers—each branch of government has its own responsibility
4. Checks and Balances- holds some control over the other two branches.
5. Judicial Review- Courts have power to declare laws and actions of Congress and the president unconstitutional.
6. Limited Government- The Constitution limits the powers go government .
I Won’t Remember All That!Two Words: Judicial Review
U.S. Constitution
Three Branches of Government Section Two
Legislative Branch in the Constitution
Expressed Powers
directly stated in the Constitution
The Framers thought the legislative branch would be the most important
The were also very worried of the abuse of power.
That is way many of powers that Congress has are Expressed Powers
Powers of Congress
Elastic Clause
Make all laws “necessary and proper”. This clause
lets Congress stench with the times.
Borrow money
Coin money
Declare war
Regulate the armed forces
The most important is the Elastic Clause
Question Should we have a broad interpretation of the Construction or a strict view?
Branches Executive BranchSection Two
Article II
There was no President in the Articles of Confederation, we lead from that mistake!
This branches role is to create out the laws made my Congress.
The President has steadily gained power since the time of George Washington.
Kid President
Powers of the President
veto legislation, command the armed forces, ask for the written opinion of his Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.
The Presidency Then and Now
Federal Bureaucracy
government by many bureaus, administrators,
and petty officials.
George Washington would not recognize his former position.
Obama’s schedule is sometimes minute by minute.
He has a massive federal bureaucracy with hundreds of staff, millions of military personal, and departments
Branches Judicial Branch Section Two
Jurisdiction of Federal Courts
Federal Courts
• Treaties
• Constitution
• State to State
Two different systems of courts
1. Federal courts
2. Court in the States
• Each one of these systems only has jurisdiction in certain areas
Federal Courts Then and Now
What Supreme Court Case gave the court
Judicial Review?
Marbury V. Madison
In the 1800, Supreme Court judges were assigned to “ride circuit” which are when they move town to town hearing cases.
The power to declare laws unconstitutional is what gave the Courts their power.
The President as Legislator
The State of the Union is given in January
The president proposes much of the legislative agenda and spells out the details of programs that are enacted into law.
What famous speech does the President give
every year that addresses the
legislative agenda?
Amending the Constitution Section Three
The Process First
2/3 vote in both bodies of Congress.
The only one that has been used.
Second
National convention including all the states with
2/3 vote.
Never been used
In Article Five of the Constitution.
There are two ways to do it.
Question
What are some ideas that would be good to add to the Constitution?
• Women’s Rights
• Balance Budget
• Limit on Supreme Court Judge’s Terms
Ratifying AmendmentsLegislatures
Three Fourths of the States have to agree to make it an amendment.
That is 30 states!
Convention
3/4ths of the members in this Convention have to ratifying as well.
Congress has seven years to complete these processes
Presidential Changes
Presidential Succession- Does the Vice President stay as president until the end of the term or do they just stay their until an election is held.
Foreign Affairs- A President can not sign a treaty with another country with congressional approval, but they can do an executive agreement, which is made directly with another country’s leader.
Press