Government, Chapter 3

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Government, Chapter 3

• The Constitution
• Learning Target IWBAT analyze and categorize the
  diverse viewpoints presented by the Federalists
  and the Anti-federalists concerning ratification
  of the Constitution and inclusion of a Bill of
  Rights

2
Flashback

• Why did the founding fathers decide to write a
  constitution to replace The Articles of
  Confederation?

3
Structure and Principles

• Structure- only 7,000 words
• Preamble- introduction, why it was written.
• Articles-
• 1- Legislative branch Make Laws
• 2- Executive branch Carry out and enforce laws
• 3- Judicial branch Rule on Constitutionality of
  laws and actions

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Structure

• Articles continued
• 4. Relationships between States
• 5. Amendments
• 6. Supremacy clause- The Constitution, Laws
  passed by congress, and Treaties are the supreme
  law of the land.
• 7. Ratification- 9 of 13 States needed.
• Amendments- 27 in all, first 10 are the Bill of
  Rights

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Major Principles

• Constitution Based on these concepts
• Popular Sovereignty
• Federalism
• Separation of Powers
• Checks and balances
• Judicial Review- Marbury v. Madison 1803
• Limited Government

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Section 2 3 Branches of Government

• Legislative Branch
• House- The voice of the people.
• Expressed/enumerated powers
• Article 1, section 8, pgs 779-780.
• Elastic clause- necessary and proper to carry
  out expressed powers
• McCulloch v. Maryland, 1819, Implied powers

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Checks and Balances

• Impeachment- House accusation of federal official
• Over ride of veto- 2/3rds
• Senate confirmation of Presidential appointments

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The Executive Branch

• A new branch developed
• Very vague powers initially
• 10 specific powers listed
• Commander in Chief
• Pardons
• Appointments
• Treaties

9
Presidency Now and Then

• No partiality in hiring
• Quit after 2 terms.
• Executive agreements used more often. No
  Congressional approval needed.

10
Judicial Branch

• Appears to be the weakest.
• Supreme Court set by Constitution.
• All lower courts set by Congress
• Federal and State courts each have their own
  jurisdiction.

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Jurisdiction

• Who hears a case
• Supreme Court Original Jurisdiction
• U.S. Laws
• Treaties with foreign nations
• Interpretations of the Constitution
• Bankruptcy cases

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Then and now

• Did not even have a building.
• Had to ride circuit, travel to hear cases when
  not in session.
• John Jay the 1st Chief Justice
• Marbury v. Madison, 1803, elevated their status
  to equal among the three branches.

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Section 3 Amending the Constitution

• Ratified, or approved, in a number of ways.
• Proposed by 2/3 of Congress and ratified by ¾ of
  State Legislatures. 26 of 27 amendments.
• Proposed by 2/3 Congress and ratified by ¾ State
  conventions. 1 time

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Amending the Constitution

• Constitutional convention never used.
• Equal Rights Amendment- questions because states
  revoked their ratification.
• Congress decides which method the states use and
  time. Modern times is 7 years to ratify

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Informal changes

• Through Law- Laws can clarify or expand certain
  powers.
• Tax codes expanded ability to tax.
• Through Practices
• Impeachment- Clarify what high crimes and
  misdemeanors are.

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Informal Presidential Changes

• Presidential Succession
• 25th amendment, 1967 officially set succession.
• Foreign Affairs- Executive agreement used more
  than treaties today.
• Domestic affairs- Legislation initiated by the
  President

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Court Decisions

• Judicial Review
• Judicial restraint- Do not take the initiative.
• Judicial activism- court should play a role in
  shaping policy
• Chief Justice Earl Warren, from 1953-1969, took
  on many controversial cases.

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27 Amendments

• 1st ten are the Bill of Rights
• 1st- Freedom of Speech, religion, press,
  assemble, and petition (Appeal to Congress).
• Within limits- slander and libel
• 2nd- Keep and bear arms
• 3rd- Prohibits the quartering of soldiers in homes

19
Bill of Rights

• 4th- Search warrants, probable cause
• 5th- Grand jury, Double jeopardy, self
  incrimination, and eminent domain
• 6th- Speedy trial, change of venue, and lawyer

20
Bill of Rights

• 7th- Jury trial
• 8th- excessive bail, excessive fine, and cruel
  and unusual punishment
• 9th- All rights retained by the people.
• 10th- States rights

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Amendments

• Civil War Amendments- 13-15
• Suffrage Amendments (The right to vote)- 15-
  African Americans, 17- Vote for Senators, 19-
  Women, 23- Washington DC, 24- Poll tax, and 26-
  18-20 year olds

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Assessment

• Explain how the views of the Federalists and
  Anti-Federalists were included in the
  Constitution
• Honors Do you believe that the 3 branches still
  have equally shared power? Explain your answer
  using examples from current events.
• Homework Read short explanation about The
  Federalist papers http//www.history.com/topics/f
  ederalist-papers