Title: United States Constitution
1United States Constitution
- A Constitution is a country's plan of government.
The discussion of the US Constitution focuses on
the features that make our plan of government
unique and enduring.
2Articles of Confederation (1781-1789) served as
the foundation for this first attempt at a
national government and while a failure, it was
the lessons learned under the articles that
helped strengthen the government formed by the
Constitution
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5Legislative BranchThe legislative branch of US
government is the US Congress, created by article
I of the Constitution. The upper-house of
Congress is the US Senate, the lower-house is the
House of Representatives.
- Main roles and powers
- To pass legislation (laws)
- Declare war
- Regulate trade
- Regulate money
- Impeach federal officials
- Override presidential vetoes (2/3 vote in each
house)
- Senate
- Representation Each state has 2 Senators
- House of Representatives
- Representation Each state's number of
representatives is proportional to population.
The number of Representatives is fixed at 435 and
division among the states is determined by the
census (population count) conducted ever 10 years
as required by the Constitution.
6Executive BranchThe executive branch of US
government is composed of the President, his
advisors and all federal agencies and their
heads. The executive was created by article II of
the Constitution.
- Chief Executive
- Enforce the laws passed by Congress
- Issue executive orders, enforcing the law
- Act as the head of the federal bureaucracy and
all federal agencies - Nominate judges (including those to the Supreme
Court, requiring Senate confirmation) - Appoint government officials (some requiring
Senate confirmation, some not) - Chief Diplomat
- Act a representative of the United States to
foreign governments - Make treaties with foreign nations (require 2/3
vote in Senate for approval) - Extend or rescind diplomatic recognition of
foreign nations
- Chief Legislator
- Propose a federal budget
- Recommend proposed laws to Congress
- Veto legislation
- Approve legislation passed by Congress
- Commander-in-Chief of Armed Forces
- Supreme commander of all branches of US military
- Authorize use of US military for up to 60 days
(without approval of Congress or declaration of
war) - Chief of State
- Serve as ceremonial head of US Government
- Judicial
- Grant pardon (forgiving an individual of his/her
crime(s)) - Grant amnesty (forgiving a group of people of a
specific class of crime)
7Judicial BranchThe judicial branch of US
government is composed of the Supreme Court and
all of the lower federal courts as created by
Congress. The judicial branch was created by
article III of the Constitution. The most
significant power of the judicial branch is that
of judicial review, first stated by Chief Justice
John Marshall in the 1803 case of Marbury vs.
Madison, but not expressly granted the court by
the Constitution.
- Main roles and powers
- Interpret the law
- Exercise the power of judicial review
- Chief Justice presides over trials of
presidential impeachment - Judicial review
- Determine if laws passed by Congress are
allowable by the Constitution - Determine if treaties negotiated by the President
and approved by the Senate are allowable by the
Constitution - Determine if actions by the President in
enforcing the law are allowable by the
Constitution - Determine if laws passed by states are allowable
by the Constitution
- Jurisdiction (Supreme Court)
- The Supreme Court hears cases of appeal from
lower federal and state courts - The Supreme Court has original jurisdiction (may
hear a case first) in cases involving a state vs.
state matter or a branch vs. branch matter - Requirements and terms of service
- Terms Judges serve for life, they are nominated
by the president and approved by the Senate but
may be removed by an impeachment proceeding - Requirements There are no specific requirement
for judgeship in the Constitution
8Checks and Balances
- Executive Branch Checks on the Legislative Branch
- President has the power to veto laws passed by
the Congress - Proposes laws to Congress
- Submits the Federal Budget to the House of
Representatives - Appoints federal officials, who carry out and
enforce laws
- Executive Branch Checks on the Judicial Branch
- Nominates judges to the Supreme Court
- Nominates judges to the federal court system
- President has the power to pardon individuals
convicted of crimes - President can grant amnesty, forgiving a class of
crime
9- Legislative Branch Checks on the Executive Branch
- Congress can overturn a Presidential veto with a
2/3 vote of both houses - Senate can reject proposed treaties (2/3 vote to
approve) - Senate can reject presidential nominations of
federal officials or judges - Congress can impeach and remove the President
(House serves as prosecution, Senate serves as
jury)
- Legislative Branch Checks on the Judicial Branch
- Congress can create lower courts
- Senate can reject nominees to the federal
courts/Supreme Court - Congress can amend the Constitution to overturn
decisions of the Supreme Court - Congress can impeach judges and remove from the
bench
10- Judicial Branch Checks on the Executive Branch
- Supreme Court can use the power of judicial
review to rule laws unconstitutional
- Judicial Branch Checks on the Legislative Branch
- Supreme Court can use the power of judicial
review to rule presidential actions
unconstitutional - Supreme Court can use the power of judicial
review to rule treaties unconstitutional
11FederalismBalancing of power between a Federal
Government and State Governments
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13Question 1
- Which method was used in developing the United
States Constitution at the Constitutional
Convention of 1787? - Individual citizens in each state voted on each
section of the Constitution. - Representatives of the English King participated
in the writing of the Constitution. - Delegates from the smallest states wrote the
Constitution. - The delegates reached a series of compromises to
settle their differences of opinion.
14Question 2
- As a basis of government in the United States,
the Federal Constitution has been successful
because it is - used by other countries
- flexible and can be changed
- based on the ideas of European kings
- opposed to the commercial interests of cities and
towns
15Question 3
- A major task facing the delegates to the
Constitutional Convention in 1787 was to create a
government powerful enough to get things done but
not so powerful that the government would - become more powerful than the church
- become too costly
- threaten the rights of the people
- discourage people from running for office
16Question 4
- What do the hats in this cartoon represent?
- the official titles the President holds after
leaving office - the different roles a President has while in
office - the political offices a person must hold before
becoming President - the different positions a President must fill
with qualified people
17Question 5
- An important principle of the United States
Constitution is that - states have no basic right to act on their own
- a one-house legislature is the most democratic
type of representation - the President should have absolute power
- limits must be placed on governmental power
18Question 6
- To become official, the United States
Constitution had to be ratified by elected
delegates in at least nine states. This
requirement is an example of which principle of
government? - All people are equal under the law.
- Government gets its power from the consent of the
people. - Government needs a system of checks and balances.
- Confederation is better than federation.
19Question 7
- Which statement about the United States
Constitution is an opinion? - The New York State Constitution served as a model
for the development of the United States
Constitution. - The writing of the constitution involved a series
of compromises. - The United States Constitution was drawn up
because many people were dissatisfied with the
Articles of Confederation. - The United States Constitution is the best
working plan of government in the world.
20Question 8
- A major argument against ratification of the
United States Constitution in 1787 was that it - gave too much power to state government
- was not based on compromises
- did not contain a bill of rights
- established a legislative branch of government
21Question 9
- The dispute over representation in Congress
between large and small states was settled in the
United States Constitution by - forming the electoral college
- establishing the reserved powers
- adopting the Three-Fifths Compromise
- creating a two-house legislature
22Question 10
- The United States Constitution established a
government based on the basic concepts of
separation of powers and checks and balances. The
authors of the Constitution included these two
concepts because they - continue concepts from the Articles of
Confederation - ensure that government branches would operate
without disagreement - give most of the power to the executive branch
- prevent any one branch of government from
becoming too powerful
23Question 11
- The elastic clause and the amending procedure in
the United States Constitution have often been
used to - give more power to the President
- allow the government to adjust to changing times
- limit the role of minorities in government
- limit democracy in the United States
24Question 12
- A constitution is best described as a
- government's plan for getting and spending money
- military plan of attack
- plan to get candidates elected to office
- plan describing the organization and operation of
a government
25Question 13
- Which statement best explains the great number of
disagreements between delegates to the
Constitutional Convention in 1787? - Most of the delegates had little experience in
government. - The delegates did not have enough time to
consider different points of view. - The delegates represented states with very
different needs and interests. - Most of the delegates opposed doing away with the
Articles of Confederation.
26Question 14
- Which part of the United States Government
resulted from the Great Compromise on the issue
of representation? - Supreme Court
- Presidency
- Congress
- Cabinet
27Question 15
- The United States Constitution established a
government based on the basic concepts of
separation of powers and of checks and balances
The authors of the Constitution wanted to - insure that government branches would operate
without disagreement - prevent any one branch of government from
becoming too powerful - give most of the power to the executive branch
- continue concepts from the Articles of
Confederation
28Question 16
- Although times have changed, the United States
Constitution has survived because the writers of
the Constitution - provided for a system that would never need
changing - did not limit the power of the government
- included ways to adjust to change
- accurately predicted the problems that would
arise
29Question 17
- By which process can the United States
Constitution be changed? - Resolution
- Amendment
- legislative hearing
- veto
30Question 18
- Congress could not levy and collect taxes.
- Congress could not regulate interstate or
foreign trade. - There was no national court system to settle
disputes. - The thirteen separate states lacked national
unity. Which document is characterized by these
statements? - Northwest Ordinance
- United States Constitution
- Articles of Confederation
- Federalist Papers
31Question 19
- Supreme Court decisions based on First Amendment
issues usually involve the - control of big business
- rights of individuals
- corruption in government
- collection of taxes on income
32Question 20
- The case Marbury v. Madison was a landmark
Supreme Court decision because it - increased the power of the Federalists in the
legislative branch - resulted in an increase in the number of Supreme
Court justices - established the power of the Supreme Court to
declare a law unconstitutional - reinforced the power of the president as
commander in chief
33Questions 21
- At the Constitutional Convention, the Great
Compromise settled the dispute over - representation in Congress
- the issue of slavery
- the presidential veto power
- judicial review
34Questions 22
- Delegates at the Constitutional Convention of
1787 agreed to the Three-Fifths Compromise as a
way to - settle differences over representation in
Congress - establish term lengths for senators
- provide legal rights for women
- limit the power of the president
35Question 23
- The Preamble of the United States Constitution
says that the power to govern originates with the - States
- President
- Supreme Court
- people
36Questions 24
- During the struggle over ratification of the
Constitution, Federalists and Anti-Federalists
disagreed mainly over the - wisdom of maintaining friendship with England
- election of George Washington as the first
president - need for the continuation of slavery
- division of power between the national government
and the states
37Questions 25
- Which statement illustrates the system of checks
and balances at work? - The president sends American troops on a
peacekeeping mission to Europe. - Congress passes a law regulating the sale of
handguns. - The governor of New York discusses policy with
the president. - The Senate refuses to approve the president's
choice for a Supreme Court justice
38Question 26
- Delegates to the Constitutional Convention of
1787 wrote a new constitution because - the Revolutionary War was over
- they believed that a stronger central government
was necessary - they wanted to increase the power of the states
- the Articles of Confederation were about to
expire
39Question 27
- -The president appoints new members to the
Supreme Court. - -The Senate must approve presidential
appointments to the Supreme Court. - -The Supreme Court can declare laws made by
Congress unconstitutional. - Which constitutional principle do these
statements illustrate? - federal supremacy
- Flexibility
- Federalism
- checks and balances
40Question 28
- In this debate between Speaker A and Speaker B,
Speaker A would most likely agree that the
leaders of the nation should - limit the right to vote to property owners
- establish a monarchy
- add a bill of rights to the Constitution
- increase the power of the federal government
41CORRECT!!!!!!!!
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42INCORRECT!!!!!!!!
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