Ideas of the Constitution: Sec. 1 Three Branches of Government: Sec. 2 A Lasting Document: Sec. 3

The U.S. ConstitutionIdeas of the Constitution: Sec. 1

Three Branches of Government: Sec. 2A Lasting Document: Sec. 3

Ideas of the Constitution

Sec. 1

Pilgrims realized before they arrived in Massachusetts they would need Govt.

Mayflower Compact- Nov. 21, 1620◦ -Pilgrims create a govt.◦ -Submit the right to be governed by the

govt. they had created.◦ -Influenced the U.S. Constitution

Opening Phrase “We the People.”

Mayflower Compact and the U.S. Constitution

What does “We the People” mean? It establishes Popular Sovereignty-makes it

clear the Govt. gets its power from the people.

-It is the opening line/Preamble to the Constitution.

-Describes and grants the supreme (all) power of Govt. comes from the people.

Government Power From the People

Limited Government Constitution limits the power of Govt. Protects against abuse of power Citizens know what their Govt. is and is not

allowed to do.

How Govt. Meets the Goals of the Constitution

How does the Govt. solvedisagreements between its

citizens?


Majority Rule w/ Minority Rights Agreement b/w Govt. and the Citizens they

will except the decision of the Majority. To keep the Majority from violating the

rights of the minority the Constitution allows the minority to express its view.

Can you think of a recent example of this in the News?


Powers of the People Bill of Rights (1791)- The first 10

Amendments in the U.S. Constitution. Bill of Rights- Describes in great detail the

freedoms that belong to every U.S. citizen. Bill of Rights-Guarantees our freedoms.


Federal System This is the dividing/sharing of powers Articles of Confederation- First form of

U.S. Govt. did not work b/c it had very weak central Govt.

Federal System divides the power of Govt. into 2 levels of Govt.:

-National/Federal Govt.-State Govt.

Powers of the Federal and State Governments


General Powers General Powers

Federal Govt. Makes laws that

govern the whole country.

Based in Washington D.C.

State Govt. Power over people w/

in its boundaries.-Ex. California can’t pass a law that affects Maine.

Has its Own:-Capital-Constitution-State Officials

Federal Government Constitution gives the Govt. Delegated

Powers- Important powers given to the Federal Govt. alone.-EX.:

-Power to print money-Control trade with other nations

-Provide national defense.


State Governments Limit the power of the Federal Govt. Have Reserved Powers- important powers

for the state alone (manage their own issues).-EX.:

-Conduct Elections-Regulate trade w/ in the state-Establish Local Governments


Shared Powers Concurrent Powers- Powers that the state

and Federal Govt. share.-EX.:

-Can raise money through taxes.-Have the power to borrow money.-Establish courts-Create banks-Enforce laws-Provide for health and well being of its

citizens.


What happens when a state law disagrees with a federal law?


A: The state law is invalid. The Constitution is the supreme law of the land


Three Branches of Government

Sec. 2

Discuss why you think the Constitution divides its powers?

-Discuss in groups of 3-4.-Create a list of 3 reasons why it divides its power.

Separation of Powers

Separation of Powers Created to stop abuses of power from w/in

the Govt.-One branch creates/writes the laws.-One branch carries out/enforces the laws.-One branch interprets/examines the laws.


Legislative Branch Article 1 of the Constitution creates

Congress-Two Houses of Congress: Senate and House of Representatives.

Powers described in great detail in the Constitution.

Controls and creates money for the Federal Govt.

Creates lower courts beneath the Supreme Court.

3 Branches of Government

Executive Branch Established by Article II of the Constitution Carries out the countries laws. Consists of the President and the Vice

President. Today includes 15 Agencies (Heads of each

make up the President’s Cabinet).EX.: -Department of Treasury-Department of State-Department of Homeland Security


Judicial Branch Established by Article III of the Constitution. Power Described in little detail. Interprets/Examines the law. Sets punishments for people who break the law. Constitution created:

-Supreme Court- The highest court in the land.-Process for appointing judges to the Supreme Court.


A Balance of Power The Constitution limits/checks the powers of

the Federal and State Govt. Makes sure the Federal Govt. does not

become too powerful.

Checks and Balances

Checks and Balances Executive v. Congress

-Congress proposes a law-President can Veto- reject the law.-Congress can override the Veto with a 2/3 vote of Congress in both the Senate and the House of Represenatatives.


Checks, Balances, and the Judicial System The Constitution created the Supreme

Court which requires 6 Chief Justices. Congress establishes the lower courts and

determines their power under the state courts.


Judicial Review The case of Marbury v. Madison established

the idea of Judicial Review- The courts have the power to check the powers of the other branches of Govt. as a result of this case.

Makes sure no level of Govt. (Federal, State, or Local) violates the Constitution.

It determines if laws passed at any level of Govt. is Constitutional.


Put the following events into order:A. President Vetoes a LawB. Supreme Court decides a Law is

UnconstitutionalC. Congress overrides a Veto of a LawD. Congress Proposes a Law


D. Congress Proposes a LawA. President Veto a LawC. Congress overrides a Veto on a LawB. Supreme Court decides a Law is

Unconstitutional.


A Lasting DocumentSec. 3

The Amendment Process Article V of the Constitution lays out the

process of passing an Amendment. It is a change to the Constitution. Proposed Amendments must be passed with

the approval of ¾ of the states. This has only happened 27 times.

Changing the Constitution

The Amendment Process An Amendment is proposed in 2 ways:

-Congress can propose an amendment by 2/3 vote in both Houses (Senate and House of Reps.).

-The Legislature of 2/3 of states (34 out of 50) can ask Congress to call a national convention to propose an Amendment.


The Amendment Process Once an Amendment is proposed it must be

Ratified/Approved. An Amendment may be Ratified in 2 ways:

-The proposed Amendment can be sent to the state legislature for approval. *All but one Amendment were approved this way.-The proposed Amendment can be sent to state conventions for consideration.


The Amendment Process

If the people do not like a Law can they get rid of it?


The Amendment Process Yes, after an Amendment is passed by ¾ of

the states (38 0f the 50) a law can be canceled or Repealed.-EX.:

-The 18st Amendment prohibited the sale

or production of alcohol.-The 21st Amendment Repealed the

18th Amendment.


Interpreting the Constitution The Constitution doesn’t attempt to cover

every situation. It sets broad guidelines.-EX.:

-The Constitution doesn’t establish a Presidential Cabinet- Heads of each of the 15 Federal Departments.

Referred to as the “Unwritten Constitution.”


Congress and the Constitution Congress uses the Constitution for issues in society. Congress does this by checking if the Constitution

gives Congress the power to pass a proposed law.-EX.:

-The Constitution says nothing about creating a minimum wage standard.-Congress has the power to control trade between states.-Decided the Constitution gives it the power to affect working conditions nationally.


Congress and the Constitution The Supreme Court has the power to decide

if Congress has interpreted the Constitution correctly.

If they agree the law is passed. If they disagree the law is dead.


Congress and the Constitution Congress can rewrite laws. Congress may not pass laws which:

-Punish a citizen w/out a trial.-Ex Post Facto which makes an act a crime after the act has been committed.-Habeas Corpus court order requiring the Govt. to bring a prisoner to court and explain why they are being held.


Documents

Ideas of the Constitution: Sec. 1 Three Branches of Government: Sec. 2 A Lasting Document: Sec. 3