Government, Chapter 3

The Constitution

Learning Target: IWBAT analyze and categorize the diverse viewpoints

presented by the Federalists and the Anti-federalists concerning ratification of the

Constitution and inclusion of a Bill of Rights

Flashback

Why did the founding fathers decide to write a constitution to replace The Articles of Confederation?

Structure and Principles

Structure- only 7,000 words Preamble- introduction, why it was

written. Articles-

1- Legislative branch: Make Laws

2- Executive branch: Carry out and enforce laws

3- Judicial branch: Rule on Constitutionality of laws and actions

Structure

Articles continued 4. Relationships between States 5. Amendments 6. Supremacy clause- The

Constitution, Laws passed by congress, and Treaties are “the supreme law of the land”.

7. Ratification- 9 of 13 States needed.

Amendments- 27 in all, first 10 are the Bill of Rights

Major Principles

Constitution Based on these concepts

Popular Sovereignty Federalism Separation of Powers Checks and balances Judicial Review- Marbury v. Madison

1803 Limited Government

Section 2: 3 Branches of Government

Legislative Branch House- The voice of the people. Expressed/enumerated powers Article 1, section 8, pgs 779-780. Elastic clause- “necessary and

proper” to carry out expressed powers

McCulloch v. Maryland, 1819, Implied powers

Checks and Balances Impeachment- House accusation of federal official

Over ride of veto- 2/3rds

Senate confirmation of Presidential appointments

The Executive Branch

A new branch developed

Very vague powers initially

10 specific powers listed

Commander in Chief

Pardons

Appointments

Treaties

Presidency Now and Then

No partiality in hiring

Quit after 2 terms.

Executive agreements used more often. No Congressional approval needed.

Judicial Branch

Appears to be the weakest.

Supreme Court set by Constitution.

All lower courts set by Congress

Federal and State courts each have their own jurisdiction.

Jurisdiction

Who hears a case

Supreme Court Original Jurisdiction

U.S. Laws

Treaties with foreign nations

Interpretations of the Constitution

Bankruptcy cases

Then and now

Did not even have a building.

Had to “ride circuit”, travel to hear cases when not in session.

John Jay the 1st Chief Justice

Marbury v. Madison, 1803, elevated their status to equal among the three branches.

Section 3: Amending the Constitution

Ratified, or approved, in a number of ways.

Proposed by 2/3 of Congress and ratified by ¾ of State Legislatures. 26 of 27 amendments.

Proposed by 2/3 Congress and ratified by ¾ State conventions. 1 time

Amending the Constitution

Constitutional convention never used. Equal Rights Amendment- questions because

states revoked their ratification. Congress decides which method the states use

and time. Modern times is 7 years to ratify

Informal changes

Through Law- Laws can clarify or expand certain powers.

Tax codes expanded ability to tax.

Through Practices

Impeachment- Clarify what high crimes and misdemeanors are.

Informal Presidential Changes

Presidential Succession 25th amendment, 1967 officially set succession. Foreign Affairs- Executive agreement used more

than treaties today. Domestic affairs- Legislation initiated by the

President

Court Decisions

Judicial Review

Judicial restraint- Do not take the initiative.

Judicial activism- court should play a role in shaping policy

Chief Justice Earl Warren, from 1953-1969, took on many controversial cases.

27 Amendments

1st ten are the Bill of Rights

1st- Freedom of Speech, religion, press, assemble, and petition (Appeal to Congress).

Within limits- slander and libel 2nd- Keep and bear arms 3rd- Prohibits the quartering of

soldiers in homes

Bill of Rights

4th- Search warrants, probable cause

5th- Grand jury, Double jeopardy, self incrimination, and eminent domain

6th- Speedy trial, change of venue, and lawyer

Bill of Rights

7th- Jury trial

8th- excessive bail, excessive fine, and cruel and unusual punishment

9th- All rights retained by the people.

10th- States rights

Amendments

Civil War Amendments- 13-15

Suffrage Amendments (The right to vote)- 15- African Americans, 17- Vote for Senators, 19- Women, 23- Washington DC, 24- Poll tax, and 26- 18-20 year olds

Assessment

Explain how the views of the Federalists and Anti-Federalists were included in the Constitution

Honors: Do you believe that the 3 branches still have equally shared power? Explain your answer using examples from current events.

Homework: Read short explanation about The Federalist papers: http://www.history.com/topics/federalist-papers