Agenda: Agenda: Tues 9/20 Tues 9/20 & Wed & Wed 9/219/21 RAP #11: Proficiency #1 ReviewRAP #11: Proficiency #1 Review

Principles of ConstitutionPrinciples of Constitution Con Law 2: 2Con Law 2: 2ndnd year proficiencies year proficiencies Prepping for the Bar Exam: 3 case Prepping for the Bar Exam: 3 case

studiesstudies HW: HW: Amendment Proposals Amendment Proposals

Pg 84 #9-23 (Prepping for “Bar Exam”)Pg 84 #9-23 (Prepping for “Bar Exam”) EC #1 DUE: Thurs 9/22 & Fri 9/23EC #1 DUE: Thurs 9/22 & Fri 9/23Essential Question:Essential Question:

How and why did the framers distribute power in the Constitution?How and why did the framers distribute power in the Constitution?

Content Objective:Content Objective: Identify key principles in the Constitution by using clues.Identify key principles in the Constitution by using clues.

Language Objective:Language Objective:Explain which principle(s) match the section of the Constitution from the Explain which principle(s) match the section of the Constitution from the clue.clue.

RAP #11: Proficiency #1 RAP #11: Proficiency #1 ReviewReview

Using your “Con Law 1 Matrix” as a Using your “Con Law 1 Matrix” as a reference, answer the following questions:reference, answer the following questions: What do you notice about how the Constitution What do you notice about how the Constitution

deals w/ power?deals w/ power? Based on your examination of the Constitution so Based on your examination of the Constitution so

far, what are some ways that the framers far, what are some ways that the framers distributed power in the Constitution?distributed power in the Constitution?

Why do you think they distributed power as they Why do you think they distributed power as they did?did?

3

Create the table below and complete the first three columns.

Principles Chart

Six Basic PrinciplesSix Basic Principles

Popular SovereigntyPopular Sovereignty Limited GovernmentLimited Government Separation of PowersSeparation of Powers Checks and BalancesChecks and Balances

Judicial ReviewJudicial Review FederalismFederalism

Popular SovereigntyPopular Sovereignty

We the peopleWe the people The people are sovereignThe people are sovereign The people are the ONLY The people are the ONLY

SOURCE for any and ALL SOURCE for any and ALL governmental power.governmental power.

In a representative democracy, In a representative democracy, the people vote to elect leaders to the people vote to elect leaders to represent their interests.represent their interests.

6

Create the table below and complete the first three columns.

Popular Sovereignty

Popular Sovereignty means…

Principles Chart

Limited GovernmentLimited Government

The gov’t may do ONLY those things The gov’t may do ONLY those things that the people have given it the power that the people have given it the power to do.to do.

AKA AKA Rule of Law- Rule of Law- NO ONE (including NO ONE (including the President) is above the lawthe President) is above the law

AKA Constitutionalism- the government AKA Constitutionalism- the government must be conducted according to the must be conducted according to the Constitutional principles.Constitutional principles.

Separation of PowersSeparation of Powers The Framers intended to have a The Framers intended to have a

stronger national gov’t but also feared stronger national gov’t but also feared one that was too strong.one that was too strong.

The Constitution distributed the powers The Constitution distributed the powers of the national gov’t among the of the national gov’t among the Congress (the legislative branch), the Congress (the legislative branch), the President (the executive branch), and President (the executive branch), and the courts (the judicial branch).the courts (the judicial branch).

A system of checks and balances allows A system of checks and balances allows each branch to monitor and check the each branch to monitor and check the power to prevent the abuse of power.power to prevent the abuse of power.

Checks and BalancesChecks and Balances

The 3 Branches are not entirely The 3 Branches are not entirely separated nor completely separated nor completely independent of one another.independent of one another.

Each branch is subject to a number Each branch is subject to a number of constitutional checks (restraints) of constitutional checks (restraints) by the other branches.by the other branches.

Judicial ReviewJudicial Review One aspect of the checks and balances is One aspect of the checks and balances is

the power of judicial review.the power of judicial review. Judicial review is the power of the courts to Judicial review is the power of the courts to

determine whether what government does determine whether what government does is in accord with what the Constitution is in accord with what the Constitution provides.provides.

It is the power of the court to determine the It is the power of the court to determine the constitutionality of a governmental action.constitutionality of a governmental action.

Determined through the landmark Supreme Determined through the landmark Supreme Court case of Marbury v. Madison.Court case of Marbury v. Madison.

FederalismFederalism

Federalism is the division of power Federalism is the division of power among a central government and among a central government and several regional governments.several regional governments.

Con Law 2Con Law 2

Read section of Constitution from Read section of Constitution from card and complete matrix w/ card and complete matrix w/ matching principles and explanationmatching principles and explanation

Fill in last column on “Fill in last column on “Principles Principles ChartChart””

Prepping for the Bar Prepping for the Bar ExamExam

Three case studiesThree case studies

Name / Date of

Case

Facts of Case

Summary of Decision

Significance of Decision

Homework Background

15

The framers developed the U.S. Constitution more than 200 years ago with the hope that it would remain relevant and effective for future generations.

One way they sought to accomplish that was through the provisions of Article V, which spell out how the Constitution can be changed.In recent years, Congress has fielded many proposals for changes to the Constitution, including the following:• requiring the federal government to balance the national

budget

• restricting the amount of money that can be spent during national electoral campaigns

• abolishing the Electoral College and electing the president and vice president by popular vote

• lowering the age restriction for public offices such as senator and representative

• repealing the Twenty-second Amendment, which sets presidential term limits

• guaranteeing all citizens access to health care

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•If you had the opportunity to change the Constitution in one way in order to improve it, what would you propose?

•In a short paragraph, explain your proposal, and discuss why you think the Constitution will be a stronger, better document with this change.

•We will vote as a class on proposed amendments to see which garner the most support.

•Remember. . . the amendment must receive two-thirds of the class’s votes in its favor to be considered.

•Top 5 will earn extra credit…but can be vetoed by the President if inappropriate!

Homework Assignment

ReferencesReferences

McClenaghan, W. (2006). McClenaghan, W. (2006). Magruder’sMagruder’s American GovernmentAmerican Government. . Boston, MA: Prentice Hall. Boston, MA: Prentice Hall.

http://www.library.unt.edu/govinfo/law/tutorial/images/ChksBalnces.gif