Chapter 3 - Constitutional Principles, Amending Process
- 1. Executive – President Legislative – Congress Judicial - courts
- 2. Key Constitutional Concepts Popular sovereignty – rule by the people Federalism – power is divided between state and national govt.; only way states would agree to a central govt.; states handle local matters, federal (national govt.) makes decisions for country as a whole Limited government – the Constitution lists specific powers the govt is allowed AND powers that are prohibited to it (ex. Bill of Rights!!)
- 3. What is the system of checks and balances? Why is it such an important principle in our Constitution? Give an example! (Use your “Which Branch Does this?” worksheet from Friday to help you!)
- 4. Separation of Powers 3 branches – each with its own duty Legislative – makes laws - CONGRESS House of Representative Senate Executive – carries out laws – PRESIDENT, VP, Cabinet Judicial – interprets laws – federal AND state courts Judicial review** - the power of the courts to declare a law unconstitutional – Marbury v. Madison 1803 A Supreme Court decision can be reversed 2 ways If the Court changes its views If Congress proposes an Amendment, which must be ratified by the states
- 5. Why might the cartoonist have used the tree as a symbol? Why might he have portrayed President Bush in cowboy boots/hat with a lasso? What is the message of this cartoon? Does is depict Bush in a favorable or unfavorable way?
- 6. Checks and Balances System put in place so that no one branch of government would ever become too powerful! See the chart on the next slide for examples that you should know!
- 9. Directions Carefully view/read the document that you have been given. Everyone in your group must: Write a 2-3 sentence description of the document. Discuss which check or balance is being shown in the document. THINK ABOUT: Which branch of government is acting? Which other branch of government is limiting them OR can't do what it wants? Write down the example of checks and balances being shown, and be ready to share your document with the class.
- 10. Which check/balance applies to each situation? I am the President; I can declare war on Lower Slobovia. I am a Judge; I can make any decision I want. I am a Senator; I can help write and pass any law I want. I am the President of the United States; I can veto any law passed by Congress. I am the President of the United States; I can do anything I want. I am the President of the United States; I can make a treaty with Upper Slobovia. We're the Supreme Court; we'll be ruling on every law for years.
- 11. Which check/balance applies to each situation? I am the President; I can declare war on Lower Slobovia. Congress declares war I am a Judge; I can make any decision I want. Presidents appoint justices; Senate approves; Congress can propose amendments I am a Senator; I can help write and pass any law I want. President can veto a bill I am the President of the United States; I can veto any law passed by Congress. Congress can override a veto with a 2/3 vote I am the President of the United States; I can do anything I want. Senate must ratify treaties, approve justices, Congress declares war, etc. I am the President of the United States; I can make a treaty with Upper Slobovia. Senate ratifies treaties We're the Supreme Court; we'll be ruling on every law for years. President appoints, Senate approves, decisions can be reversed w/ Constitutional amendment
- 12. Structure of the Constitution Preamble – introduction to the Const.; states the purposes of government 7 Articles – framework for govt. I – Legislative – details about 2 houses and lawmaking procedures II – Executive – powers & duties of Pres., election process III – Judicial – jurisdiction (authority) of federal courts, defines treason IV – relationships of the states to one another and national govt. V – amendment process VI – supremacy clause – laws passed by Congress are “supreme Law of the Land” 27 Amendments (changes to the Const.) – provide a way the document can respond to the needs of a changing nation
- 13. Principles of Government Scavenger Hunt! Google Mrs. Lindinger Foundations of Government Click on “Interactive Constitution – National Constitution Center” On the right hand side, click “Explore by topic” and choose a topic – ie. Popular sovereignty, checks and balances When you’re finished, you’ll rank the principles, 1-6, and make an argument for which 2 you think are the most important OR Make a visual for each of the principles.
- 14. Today 15 min. - Finish Constitution Scavenger Hunt – 2 options: rank the Constitutional principles, 1-6, and make an argument for which 2 you think are the most important OR Make a visual for each of the principles. THEN – Take the self-assessment
- 15. Three Branches of Govt. • US Government Infographic
- 16. Pre Class • In your own words, explain two ways that the Constitution can be amended (changed). Use the graphics above.
- 17. Why did the founding fathers allow for amendments (changes or additions) to the Constitution? • To ensure that the Constitution would be dynamic – that it would change along with changes in American society.
- 18. Indirect Ways to Change the Constitution Congress • Through Law – tax laws, creation of Presidential cabinet, changing structure of judicial branch • Through Practice – impeachment President - Presidential succession, conduct foreign affairs (executive agreements instead of treaties) Court Decisions – interpret the meaning of words/phrases through judicial review - judicial restraint - court should NOT take initiative on social issues - judicial activism – court SHOULD take initiative on social issues (ie. Ending segregation in Brown)
- 21. 14 Amendment & Equal th Protection • All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
- 22. Pre Class • On a separate sheet of paper, at the top write “Do gay marriage bans violate the Constitution's equal protection clause (14th amendment)? • Below, make a T chart to record facts on both sides of the argument – YES & NO
- 23. 14 Amendment th
- 25. • What trends in public opinion do you notice?
- 26. Closing Question: • In your opinion, does the language of the 14th amendment support same sex marriage? Why or why not? • Given the rising public opinion in support of marriage equality, do you think the Supreme Court will rule in favor of same sex marriage? • Will we see a decision that is the "Brown v. the Board” of the gay rights movement?
- 28. Which of these principles of the Constitution are reflected in our school? Checks and balances Separation of powers Rule of law – no one is above the law Free speech Freedom of religion Freedom of expression No unreasonable search and seizure Due process – a process for challenging a consequence for students’ behavior
- 29. STOP HERE! We didn’t go any further in our notes
- 30. Are the principles of the Constitution reflected in our Directions: school? • Today, you’ll look through your student handbook for examples of the principles of the Constitution at work in this building, and record them on your handout • You’ll rank our school on each principle 1-5 (agree to disagree) • Write down 2 questions that you have about school policies – we’ll have guest speakers later this week!
- 31. Legislative Branch • Intended to be post IMPORTANT (makes laws) • Expressed powers – directly stated in Const. – Enumerated powers (think NUMBER) - #1-18 • 5 economic - Levy taxes, Borrow money, Coin money, etc. • 7 defense – declare war, raise/support army • Naturalizing citizens, establishing post offices, courts • Elastic clause – lets Congress stretch its powers to meet situations the Founders couldn’t anticipate – Congress can make laws “necessary and proper” to carry out its other powers
- 32. Executive Branch • Carries out acts of Congress • Broad powers – open to interpretation (“wild card”) • Specific Powers “The executive Power shall be vested in the President of the United States of America”
- 33. Specific Powers • Commander in Chief of armed forces • Appoints head of Departments • Grant pardons • Make treaties • Appoint ambassadors, federal judges • Delivers State of the Union • Calls Congress to special session • Meets heads of state, ambassadors • Commissions military officers • Ensures laws are “faithfully executed”
- 34. Judicial Branch • 2 court systems – Federal jurisdiction – cases involving federal laws, treaties, interpretation of the Construction… – State – state laws • Judicial review**
- 35. Shared Power & Conflict
- 36. Write down 2 questions that you have about the policies of our school and how they relate to the principles of the Constitution. Answer questions #1 & 2 on the back of your handout (“Developing a Point of View”)
- 39. • Historic events involving conflicts between branches include: • The impeachment of President Andrew Johnson. • The impeachment of President Bill Clinton. • The conflict over Franklin D. Roosevelt's attempt to add six seats to the Supreme Court. • The Alien and Sedition Acts. • Supreme Court cases such as Marbury vs. Madison (1803), the Dred Scott Decision (1857) and McCulloch v. Maryland (1819). • President Andrew Jackson's conflict with Congress over the Second National Bank. • The Watergate incident during Richard Nixon's tenure in office.
- 41. Is it time to update the Constitution?
- 42. One Document Under Siege • While you read: • Take notes on the scope, intensity, duration, and resources involved. • Has policy been made in regard to this issue? Can the policy be validated by the Constitution? Explain... What is your opinion?
- 43. What is public policy? • public policy making is problem solving by someone in an authoritative position to get the job done. • When considering public policy, problems must be analyzed using the following four elements: – SCOPE – How widespread a problem – INTENSITY – How troublesome a problem – DURATION – How long a problem – RESOURCES -- Costliness of the problem
- 44. • Issue 1: LIBYA Article 1 Section 8 ‘The Congress shall have power..To declare war’. Article II Section 2 ‘The president shall be commander-in-chief of the Army and Navy of the United States’ • Issue 2: THE DEBT CEILING Article I, Section 8 ‘The Congress shall have power...to borrow money on the credit of the United States.’ 14th Amendment, Section 4, ‘The validity of the public debt of the United States...shall not be questioned.’
- 45. • Issue 3: OBAMACARE Article I, Section 8, Clause 3, ‘The Congress shall have power....to regulate Commerce with foreign nations, and among the several states.’ • Issue 4: IMMIGRATION 14th Amendment 1868, ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside
- 48. Checks and Balances Simulation • How should we spend $100? • 3 groups – Group 1 controls the money – Group 2 decides how the money will be spent – Group 3 will rule on any challenges
- 49. Pictionary! • You will be assigned one constitutional principle for which you will create a drawing. • You may NOT use any words in your picture! • You must draw your picture in a way that will allow group members to guess which principle it is. • Refer to the definitions of the constitutional principles from your homework/class work.
Editor's Notes
- #6: rom warrantless NSA surveillance to the use of military tribunals to try detainees at Guantanamo Bay without the approval of Congress, some of the President's actions have riled Congress -- and a few car- toonists. Explain how this cartoon interprets the President’s actions.