CHAPTER 3: CHAPTER 3: “THE U.S. CONSTITUTION”“THE U.S. CONSTITUTION”

IDEALS OF THE CONSTITUTIONIDEALS OF THE CONSTITUTIONA. Consent of the GovernedA. Consent of the Governed

1. Popular Sovereignty - consent of the 1. Popular Sovereignty - consent of the

governed.governed.

2. Preamble - introduction that explains 2. Preamble - introduction that explains

why the U.S. Constitution was written.why the U.S. Constitution was written.

a. Begins with “We the people”a. Begins with “We the people”

B. Goals of the Constitution (6 of them)B. Goals of the Constitution (6 of them)

1. “To form a more perfect union”1. “To form a more perfect union”

2. “To establish justice”2. “To establish justice”

3. “To ensure domestic tranquillity”3. “To ensure domestic tranquillity”

a. Peace within the nation.a. Peace within the nation.

4. “To provide for the common 4. “To provide for the common

defense”defense”

5. “To promote the general welfare”5. “To promote the general welfare”

6. “Secure the blessings of liberty”6. “Secure the blessings of liberty”

a. Safeguard the freedom of people.a. Safeguard the freedom of people.

IN YOUR SMALL GROUPS IN YOUR SMALL GROUPS RANK THE GOALS FOR THE RANK THE GOALS FOR THE

U.S GOVERNMENT IN ORDER U.S GOVERNMENT IN ORDER FROM MOST IMPORTANT TO FROM MOST IMPORTANT TO

LEAST. WHY DOES YOUR LEAST. WHY DOES YOUR GROUP FEEL THIS WAY? GROUP FEEL THIS WAY?

(5 MIN) (5 MIN)

C. A FEDERAL SYSTEMC. A FEDERAL SYSTEM1. Division of Powers - concerned with the 1. Division of Powers - concerned with the

relationship between two levels of relationship between two levels of

government. (Federalism)government. (Federalism)

2. Delegated Powers - Powers granted 2. Delegated Powers - Powers granted

federal government by the Constitution. federal government by the Constitution.

(Article 1)(Article 1)

3. Reserved Powers - States, or the people 3. Reserved Powers - States, or the people

can keep some powers for themselves.can keep some powers for themselves.

(10th Amendment)(10th Amendment)

4. Concurrent Powers - Powers that belong 4. Concurrent Powers - Powers that belong

to the states and national government.to the states and national government.

a. National Supremacy - When state and a. National Supremacy - When state and

national laws conflict, national laws national laws conflict, national laws

must be followed.must be followed.

b. Preempted - national government laws b. Preempted - national government laws

overruling state laws.overruling state laws.

5. Federal government rules are spelled out.5. Federal government rules are spelled out.

6. Any rules not mentioned are left for the 6. Any rules not mentioned are left for the

states or people.states or people.

IN YOUR SMALL GROUPS LIST IN YOUR SMALL GROUPS LIST AS MANY DELEGATED, AS MANY DELEGATED, CONCURRENT, AND CONCURRENT, AND RESERVED POWERS AS YOU RESERVED POWERS AS YOU CAN. ( 4 MIN.)CAN. ( 4 MIN.)

HOW FEDERAL AND STATE HOW FEDERAL AND STATE POWERS ARE DIVIDEDPOWERS ARE DIVIDED

DELEGATED SHARED RESERVED

Regulate trade Collect taxes Regulate trade

Coin money Borrow money Hold elections

Establish apost office

Make andenforce laws

Incorperatebusinessses

Admit newstates

Establishcourts

Issue licensesin the state

Support army Establish localgovernments

D. WHAT DOES THE D. WHAT DOES THE CONSTITUTION SAY CONSTITUTION SAY ABOUT THE STATES. ABOUT THE STATES. 1. Does not tell states exactly how they 1. Does not tell states exactly how they

should be run. should be run.

2. Several parts of the Constitution are 2. Several parts of the Constitution are

especially important for understanding the especially important for understanding the

role of state government. role of state government.

E. RELATIONS BETWEEN E. RELATIONS BETWEEN STATES STATES

1. Each state honors acts of other states. 1. Each state honors acts of other states. (Article IV)(Article IV)

2. Rights of State Citizenship - Each citizen 2. Rights of State Citizenship - Each citizen

of the U.S. is also a citizen of the state in of the U.S. is also a citizen of the state in

which he or she lives. (14th amendment)which he or she lives. (14th amendment)

3. States cooperate through extradition.3. States cooperate through extradition.

a. Extradition - sending back an accused a. Extradition - sending back an accused

person of a crime.person of a crime.

b. Can be denied but are usually granted.b. Can be denied but are usually granted.

F. National Promises to the StatesF. National Promises to the States1. Promises concerning new states.1. Promises concerning new states.

a. Congress can admit new states to the a. Congress can admit new states to the

union. (Article IV)union. (Article IV)

2. Promise of republican government.2. Promise of republican government.

a. No state will be allowed to fall under a. No state will be allowed to fall under

the control of an absolute.the control of an absolute.

3. Promise of Defense3. Promise of Defense

a. National government will protect each a. National government will protect each

state from foreign and internal state from foreign and internal

invasion.invasion.

THE GROWTH OF NATIONAL THE GROWTH OF NATIONAL SUPREMACYSUPREMACY

1. Constitution, laws and treaties are the 1. Constitution, laws and treaties are the

national law of the land.national law of the land.

A. Implied PowersA. Implied Powers

1. McCulloch v. Maryland1. McCulloch v. Maryland

a. Congress tried setting up a federal a. Congress tried setting up a federal

bank.bank.

b. States felt that this was illegal.b. States felt that this was illegal.

c. Maryland tried to punish its branch c. Maryland tried to punish its branch

of the federal bank by giving it a of the federal bank by giving it a

high tax.high tax.

d. State of Maryland sued the bank cashier d. State of Maryland sued the bank cashier

when that bank refused to pay the tax.when that bank refused to pay the tax.

e. Supreme Court ruled that the tax was e. Supreme Court ruled that the tax was

unconstitutional and did not have to be unconstitutional and did not have to be

paid.paid.

KNOWING WHAT YOU KNOW ABOUT KNOWING WHAT YOU KNOW ABOUT THE THREE TYPES OF POWERS IN THE THREE TYPES OF POWERS IN YOUR SMALL GROUPS DISCUSS IF YOUR SMALL GROUPS DISCUSS IF THE SUPREME COURT WAS THE SUPREME COURT WAS CORRECT IN ITS DECISION.CORRECT IN ITS DECISION.

- National government was exercising a - National government was exercising a

delegated power.delegated power.

-Court ruled that setting up the bank was -Court ruled that setting up the bank was

“ “necessary and proper” or an implied necessary and proper” or an implied

power.power.

f. Elastic Clause - Necessary and proper f. Elastic Clause - Necessary and proper

laws can be stretched to give the laws can be stretched to give the

national government more power. national government more power.

(Made the tenth amendment less (Made the tenth amendment less

important.)important.)

B. STATES MAY NOT SECEDEB. STATES MAY NOT SECEDE

1. Secede - leave the union.1. Secede - leave the union.

2. Southern states became frustrated that 2. Southern states became frustrated that

they could not get Congress to pass the they could not get Congress to pass the

laws they wanted.laws they wanted.

a. Lead to the Civil War (1861-1865)a. Lead to the Civil War (1861-1865)

-Abolished slavery-Abolished slavery

-Strengthen national supremacy-Strengthen national supremacy

C. National Laws Cannot Be NullifiedC. National Laws Cannot Be Nullified

1. Brown v. Topeka Board of Education1. Brown v. Topeka Board of Education

a. Unconstitutional for there to be a. Unconstitutional for there to be

separate schools for blacks and separate schools for blacks and

whites.whites.

b. Some states tried to nullify (disregard) b. Some states tried to nullify (disregard)

the national law.the national law.

c. President Eisenhower sent troops to c. President Eisenhower sent troops to

enforce the decision.enforce the decision.

THE THREE BRANCHES OF THE THREE BRANCHES OF GOVERNMENTGOVERNMENT

1. The government is divided into three 1. The government is divided into three

branches.branches.

a. Legislativea. Legislative

b. Executiveb. Executive

c. Judicialc. Judicial

2. Each branch has a different function.2. Each branch has a different function.

3. The members of each branch are chosen 3. The members of each branch are chosen

in different ways.in different ways.

4. Each branch has the same amount of 4. Each branch has the same amount of

power.power.

A. Legislative BranchA. Legislative Branch1. Congress is the legislative branch.1. Congress is the legislative branch.

a. Established by article 1 of the Const.a. Established by article 1 of the Const.

2. Law MAKING branch of government.2. Law MAKING branch of government.

3. Congress is bicameral - made up of two 3. Congress is bicameral - made up of two

houses.houses.

4. Bicameral legislature was set up because 4. Bicameral legislature was set up because

of a compromise between large and small of a compromise between large and small

states.states.

5. Why have two houses.5. Why have two houses.

a. Slow down the making of lawsa. Slow down the making of laws

b. A separation of power between the b. A separation of power between the

two houses. (Check and Balance)two houses. (Check and Balance)

6. All tax proposals must originate in the 6. All tax proposals must originate in the

House of Representatives. Why?House of Representatives. Why?

a. Members are elected from a smaller a. Members are elected from a smaller

geographical area. (They thus geographical area. (They thus

represent more people.)represent more people.)

7. Senate has more responsibility over 7. Senate has more responsibility over

foreign relations.foreign relations.

a. No treaty is valid unless approved by a. No treaty is valid unless approved by

2/3 vote of Senate.2/3 vote of Senate.

B. THE EXECUTIVE BRANCHB. THE EXECUTIVE BRANCH1. Article II of the Constitution gives the 1. Article II of the Constitution gives the

executive power to the President.executive power to the President.

a. The President must carry out the laws.a. The President must carry out the laws.

2. President can not make laws.2. President can not make laws.

3. President’s other jobs:3. President’s other jobs:

a. Make treatiesa. Make treaties

b. Commander and Chief of the armed b. Commander and Chief of the armed

forces. (Can not declare war.)forces. (Can not declare war.)

c. Has a check and balance over c. Has a check and balance over

legislation passed. (veto power)legislation passed. (veto power)

d. Congress can override the veto.d. Congress can override the veto.

4. Constitution does not list the President’s 4. Constitution does not list the President’s

responsibilities at great length.responsibilities at great length.

C. THE JUDICIAL BRANCHC. THE JUDICIAL BRANCH1. Main job is to adjudicate or interpret the 1. Main job is to adjudicate or interpret the

laws.laws.

2. Established by Article III of the Const.2. Established by Article III of the Const.

3. Civil Case - disagreements between 3. Civil Case - disagreements between

persons or between citizens and persons or between citizens and

government.government.

a. Involves claims that one person has on a. Involves claims that one person has on

another.another.

b. May involve a contract.b. May involve a contract.

c. Purpose of a civil trial is to help the court c. Purpose of a civil trial is to help the court

find out who is legally right.find out who is legally right.

d. Civil Laws - laws that tell courts how to d. Civil Laws - laws that tell courts how to

settle civil cases, or lawsuits.settle civil cases, or lawsuits.

4. Criminal Cases - Case brought to court 4. Criminal Cases - Case brought to court

because someone has been accused of a because someone has been accused of a

crime.crime.

a. Kidnapping, robbery are examples.a. Kidnapping, robbery are examples.

b. Government asks the courts to b. Government asks the courts to

determine whether accused person are determine whether accused person are

innocent or guilty.innocent or guilty.

c. Some types of penalties are fines, jail c. Some types of penalties are fines, jail

time, and probation.time, and probation.

-Probation - period of time during which -Probation - period of time during which

people found guilty of crimes must people found guilty of crimes must

prove that they can change their prove that they can change their

behaviors.behaviors.

5. Civil and criminal laws must agree with 5. Civil and criminal laws must agree with

the Supreme Law of the Land.the Supreme Law of the Land.

6. Judicial Review - power of the courts to 6. Judicial Review - power of the courts to

interpret the Constitution and to decide interpret the Constitution and to decide

when laws, acts, and failures to act are when laws, acts, and failures to act are

against the Constitution.against the Constitution.

a. Is an important check and balance the a. Is an important check and balance the

courts have over Congress and the courts have over Congress and the

President.President.

7. Supreme Court is the highest court in the 7. Supreme Court is the highest court in the

United States.United States.

D. Checks and BalancesD. Checks and Balances

1. Ensures no branch becomes too 1. Ensures no branch becomes too

powerful.powerful.

2. Each branch has powers to check, or 2. Each branch has powers to check, or

limit, the powers of the other two limit, the powers of the other two

branches.branches.

a. Listed on pg. 42 of textbook.a. Listed on pg. 42 of textbook.

A FLEXIBLE DOCUMENTA FLEXIBLE DOCUMENT 1. Framers planned a system of 1. Framers planned a system of

government that could change to meet government that could change to meet

the changing needs in the U.S.the changing needs in the U.S.

A. Provide for ChangeA. Provide for Change

1. 3 ways the Constitution can provide1. 3 ways the Constitution can provide

for change:for change:

a. Amendmenta. Amendment

b. Interpretationb. Interpretation

c. Customc. Custom

B. The Amendment ProcessB. The Amendment Process

1. Amendment - written change made to 1. Amendment - written change made to

the Constitution.the Constitution.

a. Process: Article 5 of Constitutiona. Process: Article 5 of Constitution

b. 3/4 of states must approve. (38 of b. 3/4 of states must approve. (38 of

50)50)

2. May be proposed in two ways:2. May be proposed in two ways:

a. 2/3 vote of both houses of a. 2/3 vote of both houses of

Congress.Congress.

b. 2/3 of the states (34 of 50) can ask b. 2/3 of the states (34 of 50) can ask

Congress to call a National Congress to call a National

Convention.Convention.

- Never successfully used.- Never successfully used.

3. Two ways to ratify amendments:3. Two ways to ratify amendments:

a. Sending to state legislatures. (Mosta. Sending to state legislatures. (Most

common method.)common method.)

b. Sending to state conventions - b. Sending to state conventions -

member are elected by the people in member are elected by the people in

each state.each state.

4. Repeal - cancel, by another amendment.4. Repeal - cancel, by another amendment.

a. Can happen if people do not like the a. Can happen if people do not like the

way an amendment is working.way an amendment is working.

b. Has only happened once. (18th b. Has only happened once. (18th

amendment.)amendment.)

C. Interpreting the ConstitutionC. Interpreting the Constitution

1. Congress and Supreme Court can 1. Congress and Supreme Court can

interpret the way laws are written.interpret the way laws are written.

a. Different people have different a. Different people have different

interpretations.interpretations.

2. Example: minimum wage law2. Example: minimum wage law

D. Custom and TraditionsD. Custom and Traditions

1. Things that have happened in the 1. Things that have happened in the past past

that are now common place.that are now common place.

2. Example: George Washington’s 2. Example: George Washington’s

cabinet - group of advisors.cabinet - group of advisors.

POSSIBLE ASSIGNMENTSPOSSIBLE ASSIGNMENTS1. Section review (Pg. 41, 43, 47)1. Section review (Pg. 41, 43, 47)

2. Write a Constitution for the student 2. Write a Constitution for the student

council.council.

3. College on the functions of the 3 3. College on the functions of the 3

branches of government.branches of government.

4. Summarizing Articles of Confederation.4. Summarizing Articles of Confederation.

(What, why, where, when, and how was (What, why, where, when, and how was itit

reported.)reported.)

5. Collect and articles that reflect 5. Collect and articles that reflect

Constitutional questions. (Where is it Constitutional questions. (Where is it

offered?)offered?)

6. Collect and summarize an article on 6. Collect and summarize an article on

Federalism.Federalism.

7. Skills worksheet (pg. 3)7. Skills worksheet (pg. 3)

8. Reteach worksheet (pg. 5)8. Reteach worksheet (pg. 5)

9. Building your Portfolio9. Building your Portfolio

10. Chapter 12 worksheet10. Chapter 12 worksheet

11. American Gov. Wks. (Pg.17, 18)11. American Gov. Wks. (Pg.17, 18)

EXTRA CREDIT (10 pts.)EXTRA CREDIT (10 pts.)

1. Voc worksheet, Reviewing Main Ideas, 1. Voc worksheet, Reviewing Main Ideas,

Thinking CriticallyThinking Critically