The Constitution:

Simply put.

Fundamental Philosophy of the Constitution #1: Separation of PowersThe powers of government (legislative, executive, judicial) are deliberately divided up into separate and equal branches. The government's powers are divided in such a way to insure that no one person or group has too much power.   "Power corrupts, absolute power corrupts absolutely."

The Legislative Branch

In any government, someone has to have the power to make the rules.       

Under the Constitution, that power rests with the United States Congress.

Controversy #1

Fierce debate took place between large and small states over how the states would be represented in Congress. 

Large states like _______ wanted to the number of representatives each state had to depend on __________. 

Small states like ______ wanted each state to have an equal amount of representatives.

The Solution: The Connecticut Compromise

According to this plan, the Congress would have two houses (bicameral legislature).  In the lower house, called the __________________, each state had representatives based on how many people lived in that state.  More population = more representatives. The upper house, called the __________, would have two Senators from each state, regardless of population.  Originally, the plan was for state legislatures to choose Senators, but that was later changed.

Controversy #2

How would slaves count towards the total population? Northern states did not want them to count at all.Slaves were legally counted as property and property should not count towards population. Southern states wanted them to count just like everyone else. 

The Solution: The 3/5s Compromise3/5s of "all other persons" would count as population.  (Indians would not count at all)If a states had 5000 slaves and 1000 whites, the population would be figured this way: population = white population + (3/5 * slave population) 1000 + (3/5 * 5000) = population 1000 + 3000 = population 4000 = population

Answers to commonly asked questions about the House:

 -There are 435 Representatives from all the 50 states.

-California has the most (53),

followed by Texas (39),

New York (29)

and Florida (25).

Mississippi has 4.

Congress' main jobs.

Congress‘ main job is to make laws to govern the nation.

       

Congress also has other powers specifically given to it by the Constitution.

Congress' other jobs

"The power of the purse" - Congress controls the Federal budget, coins money, taxes and regulates commerce (trade). To establish and maintain a Navy and a post office. To declare war and approve treaties with other countries. BUT...Congress cannot pass any ___________, ______________, nor suspend the right of __________ (unless in cases of rebellion, invasion or for public safety)

The Executive Branch

In any government, someone has to have the power to "enforce," "execute" or "carry out" the law.         

Under our Constitution, that person is the President.  His second in command is the Vice-President 

The Presidency

The President and Vice-President are elected every four years by the electoral college.  The electoral college is made up of electors from each state. 

The number of electors each state has depends on the state's population. 

Voters do not vote for a candidate, but his/her electors.  In most states, it's "winner takes all" - whoever wins the state gets all the electors regardless of the margin of victory.

Electoral Math

To be President, a candidate must have a majority of electoral college votes, NOT popular votes.  There have been 4 times a candidate won the popular vote, but lost the election. Presidents John Quincy Adams (1824), Rutherford B. Hayes (1876), Benjamin H. Harrison (1888), and George W. Bush(2000) all won elections despite losing the popular vote. 

An elector can vote against the candidate they are pledged to vote for, although 24 states have laws against this.

U.S. PresidentsThere have been 44 Presidents of the United States.         

George Washington was the first and only president elected unanimously. Barack Obama is the current president.  He was 1st elected in 2008 and officially became president in January of 2009.

Presidential Powers

The President cannot "do anything."  There are limits to his power. He is the Commander-in-Chief of the Armed Forces, but he cannot declare war. He can propose new laws, but he cannot vote on them. The Vice-President serves as President of the Senate, but he can only vote to break a tie. 

The Judicial Branch

In any government, someone has to be able to settle disputes over the meaning of the laws.         

Under our Constitution, that power lies with the Supreme Court and the lower Federal courts.

The Supreme Court

Today, the Supreme Court consists of 9 judges, called Justices.  There is a Chief Justice and 8 associate Justices.       

All Supreme Court Justices (and lower Federal Court judges) are appointed for life by the President.  But their appointments have to be approved by a 2/3 majority of the Senate.

Supreme Court's Power

 The Supreme Court only hears cases that deal with a dispute over the meaning of the Constitution.  It cannot make a law nor enforce a law. If a law is declared unconstitutional, then the court has ruled that the particular law violates the Constitution.  Since the Constitution is the "Supreme Law of the Land," any law that violates it is considered rejected and cannot be legally enforced. The Court cannot overturn anything in the Constitution. 

Important Supreme Court cases through the years.

Marbury v. Madison - established the principle of judicial review....that the court could overturn a law. (Article III) Brown v. Board of Education - said that racial segregation in education was unconstitutional. (14th Amendment) Gideon v. Wainwright - said that if you cannot afford an attorney, the court must provide one. (6th Amendment) Roe v. Wade - Said that the states did not have a legal right to outlaw abortion. (14th Amendment)

Checks and Balances

Each Branch has a power over the other one (check) but that power is balanced by a power that the other Branch has over it (balance). Examples: Congress can pass laws, but the President can veto (reject) them.  Congress can override the veto with a 2/3rds vote, but the Supreme Court can declare the law unconstitutional.  Of course, Congress could then turn around and make the law a Constitutional Amendment, which automatically makes it constitutional.