presentation pro american government unit 2 the constitution

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American GovernmentAmerican GovernmentAmerican GovernmentAmerican Government

Unit 2The Constitution

11 22 33Go To Go To Section:Section:

The ConstitutionThe Constitution

•Elaborated Unit Focus: The focus of this unit is on the structure of the U. S. Constitution. It focuses on the dispersion of power through principles of popular sovereignty, federalism, separation of powers, and checks and balances.


C H A P T E R 3 The ConstitutionThe Constitution

SECTION 1 SSCG3 The student will demonstrate knowledge of the

United States Constitution.


organization and powers of the national government.


federal system of government described in the United States

Constitution.

SECTION 4 SSCG6 The student will demonstrate knowledge of civil

liberties and civil rights.

Chapter 3Chapter 322 3311


Chapter 3, Section 1Chapter 3, Section 1

S E C T I O N 1

SSCG3 The Constitution SSCG3 The Constitution

• Explain the main ideas in the debate over ratification; include those in The Federalist.

• Analyze the purpose of government stated in the Preamble of the United States Constitution.

• Explain the fundamental principles upon which the United States Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances, and federalism.

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Ratification of the ConstitutionRatification of the Constitution

• The major debates:

1) "Should the Articles of Confederation be replaced?“

2) "If the Articles should be replaced, what should be the features of the new Constitution?“Bill of RightsCompromises

Chapter 3, Section 1Chapter 3, Section 122 33


Articles of the ConstitutionArticles of the Constitution


Section SubjectPreamble States the purpose of the Constitution

Article I Legislative branch

Article II Executive branch

Article III Judicial branch

Article IV Relations among the States and with the NationalGovernment

Article V Amending the Constitution

Article VI National debts, supremacy of national law, and oaths ofoffice

Article VII Ratifying the Constitution


Preamble of the United States ConstitutionPreamble of the United States Constitution

The preamble states the fundamental purposes, principles, and goals of the government established by the Constitution.

Its purpose is to generally define the reasons behind the Constitution, establish what justifies a government, and explain how its citizens have come to create one.

The Preamble states the use of FORCE “provide for the common defense” in order to establish an Army and Navy.


Preamble of the United States ConstitutionPreamble of the United States Constitution

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.


More of the Basic PrinciplesMore of the Basic Principles

• Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.

• The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action. “Marbury v. Madison”

• Federalism is a system of government in which the powers of government are divided between a central government and several local governments.



Three of the Basic PrinciplesThree of the Basic Principles


• The principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.

• The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.

• Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.


Section 1 Exit TicketSection 1 Exit Ticket

1. What position would you take if you were one of the founding fathers in the debate over ratification; and what are you a Federalist or Anti-Federalist? What does a Anti-Federalist demand or they will walk out?

2. What in your own words is the main purpose of government stated in the Preamble of the United States Constitution dealing with force?

3. What fundamental principles upon which the United States Constitution was based would you question today? Why?



S E C T I O N 2

SSCG4 SSCG4

• Describe the structure and powers of the legislative, executive, and judicial branches.

• Analyze the relationship between the three branches in a system of checks and balances and separation of powers and how the process is slow.



Structure and powers of the 3 branchesStructure and powers of the 3 branches

Branches of Government

To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens’ rights are protected, each branch has its own powers and responsibilities, including working with the other branches.


Legislative BranchLegislative Branch

The legislative branch is made up of the House (435) and Senate (100), known collectively as the Congress( ). Among other powers, the legislative branch makes all laws (bills), declares war, regulates interstate and foreign commerce and controls taxing and spending policies.


Executive BranchExecutive Branch

The executive branch consists of the President, his or her advisors and various departments and agencies. This branch is responsible for enforcing the laws of the land.


Judicial BranchJudicial Branch

The judicial branch consists of the U.S. Supreme Court ( 9 Justices life time terms) and the Federal Judicial Center. According to the Constitution, "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Federal Judicial Center is the education and research agency for the federal courts.


Checks & Balances (Slow Process)Checks & Balances (Slow Process)


Separation of PowersSeparation of Powers



1. What are the main purpose and powers of the legislative, executive, and judicial branches? A. Which branch in your opinion with explanation has more power in domestic policy?

B. Which branch in your opinion with explanation has more power in foreign policy?

C. Why is the process slow by design?

2. What is the key to the relationship between the three branches system of checks and balances and separation of powers. A. What has caused this relationship to change or become unbalanced in our history?

B. What are examples in our US history of the system of checks and balances being abused by one of the branches? Hint: Trail of tears.




S E C T I O N 3

SSCG5SSCG5

• Explain the relationship of state governments to the national government.

• Define the difference between enumerated and implied powers.

• Describe the extent to which power is shared.

• Identify powers denied to state and national governments.

• Analyze the ongoing debate that focuses on the balance of power between state and national governments.

• Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law of the land.”

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Explain the relationship of state Explain the relationship of state governments to the national government.governments to the national government.Preamble

The relationship and authority of states and the federal government are governed by the U.S. Constitution. The federal government is delegated certain enumerated powers while all other powers not otherwise prohibited by the Constitution are reserved to the states. America has thrived as a nation of laws with a strong national and international identity anchored by the diversity and innovation of representative self government in the states. It is vital that the National Governors Association works to preserve and promote a balanced relationship between the states and the federal government.


Define the difference between enumerated Define the difference between enumerated and implied powers.and implied powers.

Enumerated or Expressed powers are spelled out in the Constitution - e.g. to coin money at the federal level and the Senate to approve treaties.

Reserved powers are reserved to the States. In the early days, most power was still at the State level. Most criminal law is still at the State level - unless you cross a state line.


Implied powersImplied powers

Implied powers are hard to define but a good example is the interstate highway system. No where in the Constitution does it say the federal government can build such an expensive and expansive system of roads. The Commerce Clause states "The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes" and from that Congress has the implied power to build highways.


Describe the extent to which power is Describe the extent to which power is sharedshared• Concurrent power is held by both the state and the federal government

and may be exercised simultaneously within the same territory and in relation to the same body of citizens

• Some of the concurrent powers enjoyed by both the federal and state governments are: the power to tax, make roads, protect the environment, create lower courts and borrow money


Identify powers denied to state and Identify powers denied to state and national governmentsnational governments

State Government May not enter into treaties with other countries

May not print money

May not tax imports or exports

May not Impair obligations of contracts

May not suspend a person's rights without due process

National Government May not violate the Bill of Rights May not impose export taxes among states May not use money from the Treasury without the passage and approval of an appropriations bill May not change state boundaries


Analyze the ongoing debate that focuses on the balance Analyze the ongoing debate that focuses on the balance of power between state and national governmentsof power between state and national governments

• This series of activities introduces students to one of the most hotly debated issues during the formation of the American government -- how much power the federal government should have — or alternatively, how much liberty states and citizens should have. The lesson begins by tracing the U.S. federal system of government to its roots, established by America's Founding Fathers in the late 18th century, highlighting the controversial issue of state sovereignty versus federal power. Students compare the Articles of Confederation to the Constitution, analyzing why weaknesses in the former led to the creation of the latter. Then they examine the resulting system of government formed by the Constitution, investigating the relationship between federal and state governments as they exist today. Finally, students reflect back on history and argue whether they believe Hamilton or Jefferson had the more enduring vision for America.


Analyze the supremacy clause found in Article VI and the role of the U.S. Analyze the supremacy clause found in Article VI and the role of the U.S. Constitution as the “supreme law of the land.”Constitution as the “supreme law of the land.”

• Supremacy Clause

•This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

• Article VI



1. Why is it so important for States to have power?

2. What are examples of enumerated or expressed powers?

3. What are examples of implied powers?

4. How would you explain concurrent powers?

5. Where do you fall on the debate of state v. national government? Explain your answer.

6. Why is the clause found in Article VI so important in your opinion?

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S E C T I O N 4

SSCG6 SSCG6

• Examine the Bill of Rights with emphasis on First Amendment freedoms.

• Analyze due process of law expressed in the 5th and 14th Amendments.

• Explain selective incorporation of the Bill of Rights.

• Explain how government seeks to maintain the balance between individual liberties and the public interest.

• Explain every citizen's right to be treated equally under the law.

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S E C T I O N 4

SSCG6 Bill of Rights SSCG6 Bill of Rights (First 10 Amendments)(First 10 Amendments)

• Amendment I

• Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

• Amendment II

• A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

• Amendment III (Why is this even on the list and why so important? Number 3!)

• No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

• Amendment IV

• The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

• Amendment V

• No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

• Amendment VI

• In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

• Amendment VII

• In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

• Amendment VIII

• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

• Amendment IX

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• Amendment X

• The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

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S E C T I O N 4

SSCG6 First AmendmentSSCG6 First Amendment

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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S E C T I O N 4

SSCG6 SSCG6 Analyze due process of law expressed in the 5Analyze due process of law expressed in the 5thth and and 1414thth Amendments Amendments

Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a

Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

• Amendment XIV (Citizen is KEY)

• Section 1.

• All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

• Section 2.

• Section 3.

• Section 4.

• Section 5.

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S E C T I O N 4

SSCG6 SSCG6 Explain selective incorporation of the Bill of RightsExplain selective incorporation of the Bill of Rights

Selective incorporation is a legal code that protects the immunities, rights, and privileges of all citizens of the United States from State laws. Selective incorporation is a product of a convoluted path taken through the debate over incorporation of the Bill of Rights into the heart of the United States Constitution itself.

.

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S E C T I O N 4

SSCG6 SSCG6 Explain how government seeks to maintain the balance Explain how government seeks to maintain the balance between individual liberties and the public interestbetween individual liberties and the public interest

Explain how government seeks to maintain the balance between individual liberties and the public interest.

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IndividualPublic


S E C T I O N 4

SSCG6 SSCG6 Explain every citizen's right to be treated equally under the lawExplain every citizen's right to be treated equally under the law

SSCG6 Exit Ticket

Men

Time & Place _________Laws___________

Time & Place _________Laws___________

Women

Time & Place _________Laws___________

Time & Place _________Laws___________

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presentation pro american government unit 2 the constitution

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