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The Constitution Chapter 3
3.1 Section Objective: To understand the meaning of the basic principles of the American constitutional system in both their historical and current settings.
• Outline the important elements of the Constitution.• List the nine basic principles of the Constitution.• Understand the Articles and Clauses with-in the Constitution
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Vocabulary• Preamble• Articles• Popular Sovereignty• Limited Government• Constitutionalism• Rule of Law• Separation of Powers• Checks and Balances• Veto • Judicial Review• Marbury v. Madison• Unconstitutional• Federalism• Representative Government• Civilian Control of the Military• Full Faith and Credit Clause• Privileges and Immunity Clause• Supremacy Clause• Necessary and Proper Clause
Concept/Ideas• What is the purpose of the preamble?• How is the Constitution set up?• What was the affect of Marbury v. Madison?• What is the immediate effect if a law is declared
unconstitutional?• What is the difference between “separation of
powers” and “checks and balances?”• Using past and present policies/issues, analyze one
conflict that arises in our society due to competing constitutional principles or fundamental values (smoking marijuana- pursuit of happiness vs. common good).
• Explain an example why people may agree on constitutional principles and fundamental values in the abstract, yet disagree over their meaning when they are applied to specific situations.
• Which basic US Constitutional principal does each “clauses” represent?
I The Consititutional Principles
A. An Outline of the Constitution
1. , which the government of the United States was built on and how it operates today.
2. Begins with a short introduction: Preamble and the balance of the original document is divided into seven numbered sections called articles. (see chapter 1 notes)
a) Article 1 -
b) Article 2-
c) Article 3-
d) Article 4-
e) Article 5- Amending the Constitution
f) Article 6- National debts, supremacy of national law, and oaths of office
g) Article 7- Ratifying the Constitution
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Constitutional Scavenger Hunt
Directions: The answer to each questions can be found in the Constitution in Articles I, II, III, IV or VI. Record your answers on the matrix and make sure to note the Article, Section and Clause in which you found your answer. Write your answers in complete sentences.
1 What is the length of a term of office for members of the U.S. House of Representatives?2 How old must one be to be elected to the U.S. House of Representatives?3 Who has the power to propose a law to raise revenue (a tax law)?4 Who has the sole power of impeachment (removing someone from office)?5 What is the length of a term of office for members of the Unites States Senate?6 How old must one be to be elected to the United States Senate?7 Who must approve people- like ambassadors, judges, and cabinet members-that the president appoints to government
positions? 8 Who must approve any treaties that are made with foreign countries?9 Who has the sole power to try (bring to trial) all impeachments10 Who has legislative (lawmaking) powers?11 Who has the power to declare war?12 What can the legislative branch do if the president vetoes a bill?13 Who has the power to propose amendments to the Constitution of the Unites States?14 What is the length of a term of office for the president of the United States?15 How old must one be to be elected president of the United States?16 Who has the power to approve or veto laws?17 Who has the power to make treaties with foreign countries?18 Who has the power to nominate judges to the Supreme Court?19 Who has the power to nominate ambassadors, public ministers, or other officers of the United States- such as members
of the Cabinet?20 Who is the Commander in Chief of U.S. military forces?21 What is the length of term of office for the Justices for the United States Supreme Court?22 Who has the power to review all laws and treaties of the United States?23 Who has the power to settle disputes involving the United States?24 Who has the power to settle disputes between different states?25 Who presides over any impeachment trials of the president of the United States?26 What is the Full Faith and Credit Clause and what does it mean? 27 What is the Privileges and Immunity Clause what does it mean (both parts) 28 What is the Supremacy Clause and what does it mean?29 What is the Commerce Clause and what does it mean? 30 What is the Necessary and Proper Clause and what does it mean?
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Quest. Article Section Clause Answer in Complete Sentences1234567891011121314151617181920212223242526
27
28
29
30
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B. The Basic Principles Founded in the US Constitution
1. Popular Sovereignty
a)
b) The government can govern only with the consent of the governed.
c) “We the people of the United States… do ordain and establish this Constitution for the United States of America.” The Preamble to the Constitution.
2. Limited Government
a)
b) Constitutionalism-
c) Rule of law-
3. Separation of Powers
a) Separation of Powers- Legislative, Executive, and Judicial powers of government are separated: _______________________________________________________________________________________________________
How does this differ from a Parliamentary system of government?
4. Checks and Balances
a) Legislative, Executive, and Judicial are not completely independent. _______________________________________________________________
b)
(1) The president can veto (reject) any act of Congress. But congress can override the veto by a two/thirds vote.
What are the differences between these two CDV?
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5. Judicial Review
a) Powers of the court
(1) Unconstitutional-
b) Marbury vs. Madison
c)Video Clip
6. Federalism
a) Federalism-
b) Chocolate Cake Theory
7. Representative Governmenta) One that serves as a delegate or agent for another b)
c) A member of the U.S. House of Representatives or of the lower house of a state legislature
d) Republicanism (1) is the ideology (or state of beliefs) of governing a nation as a republic,
where the head of state is appointed by means other than heredity, often elections
(2) A republic is a form of government in which the head of state is not a monarch and the people (or at least a part of its people) have an impact on its government (a) The word 'republic' is derived from the Latin phrase res publica,
which can be translated as "a public affair"
8. Civilian Control of the Militarya) Ultimate ________________for a country's _____________________is in the
hands of the _______political leadership, rather than professional ______________________
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Popular Sovereignty
Separation of Powers
Representative Government
Checks and Balances
Federalism
Civilian Control of the Military
Judicial Review
Limited Government
In Class: Group work on the Basic Principles (pages 65-70 and notes). Your assigned group will be given one of the eight principles to teach to the class. You need to develop a lesson that includes:
FCAs _____ Definition of the principle_____ Historical background (how did we get this principle? Where did it come from?)_____Use the principle in today’s context (real life situation)_____ Using past and present policies/issues, analyze one conflict that arises in our society due to competing constitutional principles or fundamental values (smoking marijuana- pursuit of happiness vs. common good)_____ Explain an example why people may agree on constitutional principles and fundamental values in the abstract, yet disagree over their meaning when they are applied to specific situations (life vs. the death penalty) _____ Develop and design a bumper sticker showing how that principle is connect to or represented in the US Constitution- you need article, clause, and phrase
You will be graded according to your knowledge, organization, professionalism, creativity and FCAs.
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Notes over presentations:
Concept InformationHistoric BackgroundPast and present issue where society conflicts due to competing principlesWhy people agree in principle, yet disagree over specificsConnected to the Constitution.
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3.2 Section Objective: To understand the processes of constitutional change and development by formal amendment.
• Describe four different ways to formally amend, or change the working of, the Constitution.• Explain the limits of the formal amendment process and how it reflects federalism.• Understand the history and meaning of the 27 amendments to the Constitution, including the Bill of Rights.
II Formal Amendment
A. Formal Amendment Process
1. Formal Amendment- changes or additions that become part of the written language in the Constitution
a) Method one: Amendment may be proposed by a two-thirds vote in each house of Congress and be ratified by three fourths of the State legislatures
(1)
b) Method two: Amendment may be proposed by Congress and then ratified by conventions in three-fourths of the States
(1) (a) Congress felt that the conventions’ popularly elected delegates would reflect public opinion more that State legislatures
c) Method three: Amendment may be proposed by a national convention, called to the Congress at the request of two-third votes of the State legislatures—today 34
d) Method four: Amendment may be proposed by a national convention and ratified by conventions in three- fourths of the States
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Vocabulary • Amendment• Formal amendments• Bill of Rights
Concepts• Describe four possible methods of formal
amendment.• Amendments 1-10, 13, 14, 15, 19, and 26• How does the formal amendment process
illustrate federalism?• Both the Schenck case (1919) and the
Tinker case (1969) involved antiwar protests. How would you explain the differences between the Supreme Court decisions?
2. Federalism and Popular Sovereignty
a) The formal amendment process emphasizes the federal character of the governmental system.
How?____________________________________________________________________
b) The Constitution is amended, that action represents the expression of the peoples’ sovereign will. The people have spoken.
3. Proposed Amendments
a) When both houses of Congress passes a resolution proposing an amendment, Congress sends it to the State, once the State approves the amendment it is final and added to the Constitution
B. The 27 Amendments
1. The Bill of Rights
a)
b) Bill of Rights:
c)
2. The Later Amendmentsa) 27 Amendments in total
a) 27th Amendment- forbids Congress from raising their own pay during that term. It was proposed in 1789 and ratified nearly 203 years later in 1992
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Draw a mental map for the four ways to formally amend the US Constitution.
Cleft Notes for the Amendments Directions: For each amendment, list the topic/title and the date it was ratified. Then in complete sentences, fill in each dot with a major point from that amendment.
Amend Topic and Date Ratified
1 • Freedom of Religion * *••••
2 ••
3 •
4 •••
5 •••••
6 ••••••
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7 •••
8 •••
9 •
10 •
11 •
12 ••
13 ••
14 Section 1••• Due Process Clause-
• Equal Protection Clause-
Section 2•
Section 3•
Section 4•
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15 •
16 •
17 •
18 •
19 •
20 •••
21 •
22 ••
23 ••
24 •
25 ••••
26 •
27 •
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U.S. Constitution(Specific Amendment)
Issue/Subject/ Topic Magna Carta/ Petition of Rights/ Bill of Rights
6th Amendment Trial By Jury All three documents
Directions: Compare the US Constitution with the three English documents. Come up with 9 common topics between the English documents and the US Constitution. You can use the same article or amendment more than once if you refer to a different portion of it. For example: First Amendments has 5 distinct topics/issues in it and therefore could be used for each topic.
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Supreme Court Cases
Constitutional Issue or Question
Petitioner/ Appellant's Arguments
Respondent/ Appellee's Arguments
Supreme Court's Decision or Ruling
Ashcroft v. Free Speech Coalition
Brown v. Board of Education of Topeka
D.C. v Heller
Dennis v. United States
Dred Scott v. Sandford
Engblom v. Carey
Escobedo v. Illinois
Furman v. Georgia
Gideon v Wainwright
Goss v. Lopez
Gregg v. Georgia
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Supreme Court Cases
Constitutional Issue or Question
Petitioner/ Appellant's Arguments
Respondent/ Appellee's Arguments
Supreme Court's Decision or Ruling
Griswold v. Connecticut
Guiles v. Marineau
Hazelwood v. Kuhlmeier
Hudson v. Michigan
Ingram v. Wright
Lemon v. Kurtzman
Loving v. Virginia
Mapp v. Ohio
Miranda v. Arizona
New Jersey v. T.L.O.
New York Times v. United States
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Supreme Court Cases
Constitutional Issue or Question
Petitioner/ Appellant's Arguments
Respondent/ Appellee's Arguments
Supreme Court's Decision or Ruling
Olmstead v. United States Government
Plessy v. Ferguson
Powell v. Alabama
Roe v. Wade
Roth v. United States
Schenck v. United States
Texas v. Johnson
Tinker v. Des Moines School District
United States v. Leon
United States v. Miller
Wisconsin v Yoder
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3.3 Section Objective: To understand the processes of constitutional change and development by informal amendment.
• Identify how basic legislation has changed the Constitution over time.• Explain the powers of the executive branch and the courts to amend the Constitution.• Analyze the role of party practices and custom in shaping the Federal Government.
III Informal Amendment
A. Informal amendment: the process, which over time has made many changes to the Constitution, which have not involved any changes in its written words.
1. Basic Legislation
a)
(1) Federal Courts
(a) Appellate Courts
(2) Executive branch departments, agencies, and offices
b)
(1) Regulate foreign commerce
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Vocabulary • Informal Amendment• Executive Agreement• Treaty• Electoral College• Cabinet• Senatorial Courtesy
Concepts• What are the five ways to informally
amend the Constitution?• How does informal amendment differ
from formal amendment?• What role does the Cabinet play in
government?
2. Executive Action
a) Congress declares war, but the President is Commander in Chief of the nation’s armed forces.
(1) President has used the armed forces without Congressional approval.
(a) Vietnam, Gulf War, Somalia, Haiti
b) Executive Agreement-
(1)
c) Treaty-
3. Court Decisions
a)
(1) Civil Rights
4. Party Practices
a) The Constitution does not mention political parties, _____________________________________________________________________________________________
(1) The President makes appointments to offices
(2) Electoral College-
(3)
5. Custom
a) Many customs have developed in our governmental system.
(1) The head of the 14 executive departments make up the Cabinet
(a) Cabinet:
b) No third tradition(1) Washington (1789-1797) (John Adams, Thomas Jefferson, James Madison actually started the tradition)(2) Roosevelt (1933, 1937, 1941, 1945)
(a) Formal Amendment- 22 Amend (ratified in 1951)(b) A person shall be elected to the office of the President no more than twice.
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5)
Chapter 3
Section1
1) The idea that government and its officers are always subject to- never above- the law is described as _______________________.
2) The principle of _______________________ expresses the concept that government must be conducted according to constitutional principles.
3) Judicial review is the power to declare a government action that violates some provision of the Constitution to be ______________________.
4) The _____________________ is the brief introduction that begins the Constitution.
Directions: Document where in the US Constitution the principle may be found then explain why people may agree this constitutional principle in the abstract, yet disagree over their meaning when it is applied to specific situations (2 pts each). (6 principles are found in your book and 2 from notes.
Constitutional Principles
20____ 20
____ + ____+ _____ = ____ 20 10 9 39
6) 7)
8)
12)
9)
11)10)
Section 2
1. List the two steps involved in the first method of amending the Constitution. (1pt.)a. _____________________________________________ b. _____________________________________________
2. List the two steps involved in the second method of amending the Constitution. (1pt.)a. _____________________________________________ b. _____________________________________________
3. List the two steps involved in the third method of amending the Constitution. (1pt.)a. _____________________________________________ b. _____________________________________________
4. List the two steps involved in the fourth method of amending the Constitution. (1pt. )a. _____________________________________________b. _____________________________________________
The 27 Amendments
5. Explain how The Bill of Rights restrains the power of the government over the individual.(2pts.) ______________________________________________________________________________________________________________________________________________________
6. Which Amendments were result of the Civil War and how they either extended or limited the power of government? (2 pts.) ______________________________________________________________________________________________________________________________________________________
7. Define “suffrage” and list the amendments that demonstrate it. (2 pts.) ______________________________________________________________________________________________________________________________________________________
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Section 3
Complete the chart by writing a definition and example of each method of informal amendments.
Define:1. Informal amendment
____________________________________________________________________________________________________________________________________________________________
2. Executive agreement ____________________________________________________________________________________________________________________________________________________________
3. Senatorial courtesy ____________________________________________________________________________________________________________________________________________________________
4. What is the difference between an executive agreement and executive action? ____________________________________________________________________________________________________________________________________________________________
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Informal Amendment Process
Party Practices
L;
Executive Action L;
Basic Legislation
L;
Court Decisions L;
Custom L;
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Class Agenda, Assignment, Homework and Employability Log: Remember if you don't receive employability points today, you still need to complete the assignment because when you turn your whole packet in, you receive assignment points.
Date Class Agenda AssignmentsDue Date
Handed In Comments
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Date Class Agenda AssignmentsDue Date
Handed In Comments
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