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U.S. Constitution U.S. Constitution SSCG 3 SSCG 3 SSCG 4 SSCG 4

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Page 1: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

U.S. ConstitutionU.S. Constitution

SSCG 3SSCG 3

SSCG 4SSCG 4

Page 2: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The “founding fathers” The “founding fathers” believed in the separation believed in the separation of powers in government of powers in government (like Montesquieu).(like Montesquieu).

They believed in the They believed in the “social contract” between “social contract” between the government and people the government and people (like Hobbes and Locke).(like Hobbes and Locke).

The Constitution began a The Constitution began a republic and provides republic and provides citizens with information citizens with information about their rights and about their rights and expectation of their expectation of their government.government.

Page 3: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The Constitution gives The Constitution gives the structure and the structure and powers of government powers of government but does not spell out but does not spell out every aspect of every aspect of government.government.

It is broken into three It is broken into three parts: the Preamble, parts: the Preamble, the articles, and the the articles, and the amendments.amendments.

Page 4: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The The PreamblePreamble, or , or introduction, states introduction, states why the Constitution why the Constitution was written.was written.

The founders The founders indicated they wanted indicated they wanted a government that a government that gave stability, order, gave stability, order, protect citizen’s protect citizen’s liberties, and serve liberties, and serve the people.the people.

Page 5: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

There are 7 There are 7 articles, divisions, articles, divisions, with each covering with each covering a general topic. a general topic.

Articles I, II, and III Articles I, II, and III set up the set up the branches of branches of governmentgovernment

Page 6: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Article IV sets up Article IV sets up the relationships the relationships of the states to of the states to one another and one another and to the national to the national government.government.

Page 7: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Article V spells Article V spells out the ways out the ways that the that the Constitution can Constitution can be amended, or be amended, or changed.changed.

Page 8: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Article VI contains Article VI contains the the supremacy supremacy clause, clause, establishing establishing that the that the Constitution, laws Constitution, laws passed by passed by Congress, and Congress, and treaties of the U.S. treaties of the U.S. are the supreme are the supreme law of the land.law of the land.

Page 9: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Article VII Article VII addresses addresses ratification and ratification and declares the declares the Constitution would Constitution would take effect when take effect when ratified by 9 states. ratified by 9 states. (New Hampshire (New Hampshire became the ninth became the ninth state to ratify the state to ratify the Constitution.)Constitution.)

Page 10: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The third part of The third part of the Constitution the Constitution are the are the amendments, or amendments, or changes.changes.

There are 27 There are 27 amendments to the amendments to the U.S. Constitution. U.S. Constitution.

Page 11: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

There are 6 major There are 6 major principles of principles of government in the government in the Constitution: Constitution: popular sovereignty, popular sovereignty, federalism, federalism, separation of separation of powers, checks and powers, checks and balances, judicial balances, judicial review, and limited review, and limited government.government.

Page 12: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Popular Popular sovereigntysovereignty is is “rule by the “rule by the people.”people.”

It is what the It is what the Constitution is Constitution is based on.based on.

Page 13: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Under Under federalismfederalism the power is divided the power is divided between the between the national and state national and state governments.governments.

Both have their own Both have their own agencies and agencies and officials, and pass officials, and pass their own laws that their own laws that influence their influence their citizens.citizens.

Page 14: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The Constitution The Constitution limits the power of limits the power of the central the central government by government by dividing power dividing power among the 3 among the 3 branches.branches.

Each branch has its Each branch has its own responsibilities –own responsibilities – separation of powers.separation of powers.

Page 15: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The system of The system of checks and checks and balancesbalances was was added to the added to the separation of separation of powers.powers.

Each branch Each branch exercises some exercises some control over the control over the other branches.other branches.

Page 16: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Judicial reviewJudicial review is the is the power of the courts to power of the courts to declare laws and declare laws and actions of local, state, actions of local, state, or national or national governments invalid if governments invalid if they violate the they violate the Constitution.Constitution.

The Supreme Court is The Supreme Court is the final authority on the final authority on the meaning and the the meaning and the interpretation of the interpretation of the ConstitutionConstitution

Page 17: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Marbury v. Madison Marbury v. Madison established the precedent established the precedent for federal courts to rule for federal courts to rule on the actions of the on the actions of the government.government.

Judicial review is Judicial review is important.important.

The court decision on the The court decision on the meaning of the meaning of the Constitution can be Constitution can be changed only if the court changed only if the court itself changes its view or itself changes its view or an amendment is added an amendment is added to the Constitution.to the Constitution.

Page 18: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Limited government Limited government means the means the Constitution limits the Constitution limits the actions of government actions of government by listing powers the by listing powers the government has or government has or does not have.does not have.

The Constitution The Constitution safeguards against the safeguards against the abuse of power.abuse of power.

Page 19: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed
Page 20: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Article I of the Article I of the Constitution created a Constitution created a “bicameral legislature” “bicameral legislature” for the U.S.for the U.S.

The House of The House of Representatives was to Representatives was to be the “voice of the be the “voice of the people” and chosen by people” and chosen by the people.the people.

The “Senate” The “Senate” represented the wider represented the wider interests of whole interests of whole states and originally states and originally chosen by state chosen by state legislatures.legislatures.

Page 21: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Congress has Congress has expressed powersexpressed powers, , those powers those powers directly stated in directly stated in the Constitution.the Constitution.

Most of the Most of the expressed powers expressed powers are in Article I, are in Article I, Section 8 of the Section 8 of the Constitution.Constitution.

Page 22: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Expressed powers are Expressed powers are also called also called enumerated enumerated powers powers because they because they are numbered 1 – 18.are numbered 1 – 18.

Five deal with economic Five deal with economic issues: coining money, issues: coining money, regulate trade, borrow regulate trade, borrow money, levy taxes, and money, levy taxes, and punish counterfeiting.punish counterfeiting.

Page 23: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Seven of the Seven of the enumerated powers enumerated powers deal with defense: deal with defense: punish piracy, declare punish piracy, declare war, raise and support war, raise and support armed forces, provide armed forces, provide a navy, to regulate a navy, to regulate armed forces, to call a armed forces, to call a militia, and to militia, and to organize a militia.organize a militia.

Page 24: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Section 8 also Section 8 also provides for provides for naturalizing citizens, naturalizing citizens, starting Post Offices, starting Post Offices, securing patents and securing patents and copyrights, copyrights, establishing courts, establishing courts, and governing the and governing the District of Columbia.District of Columbia.

Page 25: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The final enumerated The final enumerated power is the “elastic power is the “elastic clause.”clause.”

This gives Congress This gives Congress the right to make all the right to make all laws “necessary and laws “necessary and proper” to carry out proper” to carry out the powers expressed the powers expressed in the other articles.in the other articles.

Page 26: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The second article of the The second article of the Constitution deals with the Constitution deals with the office of President.office of President.

It is in direct response to It is in direct response to one of the weaknesses of one of the weaknesses of the “Articles of the “Articles of Confederation.”Confederation.”

The Constitution gives the The Constitution gives the President broad but vaguely President broad but vaguely described powers: can fire described powers: can fire people from the executive people from the executive branch, make agreements branch, make agreements with foreign powers, and with foreign powers, and take emergency actions to take emergency actions to save the nation. save the nation.

Page 27: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Specific powers of the President: Specific powers of the President: 1.) commander in chief of the 1.) commander in chief of the armed forces; (2.) appoints armed forces; (2.) appoints heads of executive dept.; (3.) heads of executive dept.; (3.) may pardon people of federal may pardon people of federal crimes or reduce a person’s jail crimes or reduce a person’s jail sentence or fine; (4.) makes sentence or fine; (4.) makes treaties; (5.) appointments treaties; (5.) appointments judges, ambassadors, and other judges, ambassadors, and other officials; (6.) State of the Union officials; (6.) State of the Union address; (7.) calls Congress into address; (7.) calls Congress into special sessions; (8.) meets with special sessions; (8.) meets with heads of states; (9.) heads of states; (9.) commissions military officers; commissions military officers; and, (10.) ensures that laws and, (10.) ensures that laws passed by Congress are carried passed by Congress are carried out.out.

Page 28: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Federal bureaucracy Federal bureaucracy are the departments are the departments and agencies of the and agencies of the federal government federal government – mostly the – mostly the executive branch.executive branch.

Modern Presidents Modern Presidents oversee millions of oversee millions of staff members. staff members.

Page 29: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Article III sets up the Article III sets up the court system.court system.

There are 2 different There are 2 different systems of courts: systems of courts: federal and state.federal and state.

Each has the power Each has the power to hear only certain to hear only certain kinds of cases – kinds of cases – jurisdiction of the jurisdiction of the courts.courts.

Page 30: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Jurisdiction Jurisdiction is the authority is the authority of the court to rule on of the court to rule on certain cases. certain cases.

The 2 factors that apply in The 2 factors that apply in the federal court system are the federal court system are the subject matter of the the subject matter of the case and who is involved.case and who is involved.

Federal courts deal with U.S. Federal courts deal with U.S. laws, treaties with foreign laws, treaties with foreign nations, or interpretations of nations, or interpretations of the Constitution. Cases of the Constitution. Cases of admiralty, or maritime law, admiralty, or maritime law, are under federal are under federal jurisdiction.jurisdiction.

Page 31: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

How do you amend the How do you amend the Constitution?Constitution?

Propose amendments: two-Propose amendments: two-thirds approval of each thirds approval of each house; or, national house; or, national conventions called by conventions called by Congress at the request of Congress at the request of two-thirds of the states.two-thirds of the states.

Ratify amendments: three-Ratify amendments: three-fourths of state legislatures fourths of state legislatures ratify; or, ratified by three-ratify; or, ratified by three-fourths of national fourths of national conventions.conventions.

Page 32: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

““Informal Informal amendments” are amendments” are those that are not those that are not formally proposed.formally proposed.

There are 3 ways: There are 3 ways: circumstances circumstances (practices) change, (practices) change, through the law, through the law, and custom and and custom and usuage.usuage.

Page 33: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The The Federalist PapersFederalist Papers are are a series of a series of 85 articles85 articles advocating the advocating the ratificationratification of the of the United States ConstitutionUnited States Constitution. .

The Federalist remains a The Federalist remains a primary source for primary source for interpretation of the U.S. interpretation of the U.S. Constitution.Constitution.

The articles were written by:The articles were written by: Alexander HamiltonAlexander Hamilton (51 articles: nos. 1, (51 articles: nos. 1,

6–9, 11–13, 15–17, 21–36, 59–61, and 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85) 65–85)

James MadisonJames Madison (29 articles: nos. 10, 14, (29 articles: nos. 10, 14, 37–58, and 62–63), and 37–58, and 62–63), and

John JayJohn Jay (5 articles: 2–5 and 64). (5 articles: 2–5 and 64). Nos. 18–20 were the result of a Nos. 18–20 were the result of a

collaboration between Madison and collaboration between Madison and Hamilton.Hamilton.[1][1]

Page 34: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Federalist No. 10Federalist No. 10, in , in which Madison discusses which Madison discusses the means of preventing the means of preventing faction and advocates faction and advocates an extended republic, is an extended republic, is generally regarded as generally regarded as the most important of the most important of the 85 articles from a the 85 articles from a philosophical philosophical perspective; it is perspective; it is complemented by complemented by Federalist No. 14Federalist No. 14..

Federalist No. 84Federalist No. 84, , Hamilton makes the Hamilton makes the case that there is no case that there is no need to amend the need to amend the Constitution by adding a Constitution by adding a Bill of RightsBill of Rights..

Page 35: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

““We the People of the United We the People of the United States, in Order to form a more States, in Order to form a more perfect Union, establish Justice, perfect Union, establish Justice, insure domestic Tranquility, insure domestic Tranquility, provide for the common provide for the common defence,promote the general defence,promote the general Welfare, and secure the Blessings Welfare, and secure the Blessings of Liberty to ourselves and our of Liberty to ourselves and our Posterity, do ordain and establish Posterity, do ordain and establish this Constitution for the United this Constitution for the United States of America.States of America.””

The The PreamblePreamble to the to the United States ConstitutionUnited States Constitution is a is a brief introductory statement of brief introductory statement of the fundamental purposes and the fundamental purposes and guiding principles which the guiding principles which the Constitution is meant to serve. In Constitution is meant to serve. In general terms, it expresses the general terms, it expresses the intentions of its authors. intentions of its authors.

Page 36: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The The rule of lawrule of law, also , also called called supremacy of supremacy of lawlaw, simply means , simply means that the law is above that the law is above everyone and it everyone and it applies to everyone.applies to everyone.

No one is above the No one is above the law, no one is law, no one is exempted from the exempted from the law, and no one can law, and no one can grant exemption to the grant exemption to the application of the law. application of the law.

Page 37: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

Popular Popular sovereigntysovereignty is the is the belief that the belief that the legitimacy of the legitimacy of the statestate is created by is created by the will or the will or consent of its peoplconsent of its peoplee, who are the , who are the source of all source of all political powerpolitical power. .

Page 38: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The The separation of powersseparation of powers is is a model for the a model for the governancegovernance of of democraticdemocratic states. states.

The state is divided into The state is divided into branches or estates, branches or estates, each with separate and each with separate and independent powers and independent powers and areas of responsibility. areas of responsibility. The normal division of The normal division of estates is into an estates is into an executive, a legislature, executive, a legislature, and a judiciary. and a judiciary.

Page 39: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

The system of checks and The system of checks and balances is a part of our balances is a part of our Constitution.Constitution.

It guarantees that no It guarantees that no part of the government part of the government becomes too powerful. becomes too powerful.

For example, the For example, the legislative branch is in legislative branch is in charge of making laws. charge of making laws. The executive branch can The executive branch can veto the law, thus making veto the law, thus making it harder for the it harder for the legislative branch to pass legislative branch to pass the law. The judicial the law. The judicial branch may also say that branch may also say that the law is unconstitutional the law is unconstitutional and thus make sure it is and thus make sure it is not a law. not a law.

Page 40: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed

FederalismFederalism is political is political philosophy in which a philosophy in which a groupgroup of members are bound of members are bound together with a governing together with a governing representative head.representative head.

Federalism is a Federalism is a system in which the system in which the power to govern is power to govern is shared between shared between national and central national and central (state) governments, (state) governments, creating what is often creating what is often called a called a federationfederation. .

Page 41: U.S. Constitution SSCG 3 SSCG 4. The founding fathers believed in the separation of powers in government (like Montesquieu). The founding fathers believed