Social Studies SurveyPages 120-129
The Constitution Handbook
Essential QuestionWhy has the Constitution been able to endure for over 220 years when many other Constitutions around the world have been changed, altered, or abolished (some several times over)?
I CAN:1. List and Define the 6 major
principles of the Constitution2. Analyze the 3 major branches
established by the Constitution and Describe their significance within our government
3. Evaluate the rights and duties of American citizens as defined in the Constitution
Structure US Constitution is simple and
brief (7,000 words) Does not spell out every word but
leaves it for future generations to interpret
Divided into three parts1. Preamble2. Articles (7)3. Amendments (27)
Major Principles These 6 principles help to
influence the character of American Government
1. Popular Sovereignty2. Judicial Review3. Limited Government4. Federalism5. Separation of Powers6. Checks and Balances
Popular Sovereignty
Rule by the PeopleAuthority for government flows from the people and consent of the governed
Limited Government
Constitution limits the actions of government by specifically listing powers it does and does not have
FederalismPower divided between
states and national government
Represented a middle ground-forge a union but limit central government
National government has the power to act for country as a whole, states have power over many local matters
Separation of Powers
Each branch has its own responsibilities to help one branch from taking over
James Madison Separation of Powers
“But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others….Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place….If men were angels no government would be necessary. If angels were to govern men, neither external or internal controls on government would be necessary. In framing a government, which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed: and in the next place, oblige to control itself.”
Checks and BalancesEach branch of government exercises some control over the others
A check is a control one branch has over another’s functions creating a balance of power
Judicial ReviewPower of courts to
declare laws and actions of local, state, or national govt invalid
Acts against the Constitution must be illegal
Marbury vs Madison established the judicial review precedent
Supreme court decision may only be changed by Amendment or supreme court changes its views
Enumerated, Reserved, and Concurrent Powers
Amendment Process
The Legislative BranchArticle 1 of the ConstitutionMakes the Laws
How a Bill Becomes a Law
How a Bill Becomes a Law Videohttp://www.youtube.com/watch?
v=FFroMQlKiagSchool House Rock (3:20 min)
The Executive Branch
Article 2 of the ConstitutionEnforces the Laws
1) Chief Executive
Enforces laws passed by Congress
Grant Reprieves Grant PardonsGrant Amnesty
4 Tools of Chief Executive
1.Executive orders2.Appointments (Must have Senate Approval)
3.Remove officials they have appointed
4.Impoundment of funds
President Truman President Truman desegregated Army in 1948desegregated Army in 1948
http://www.youtube.com/watch?v=vYVa1vYbPPo
2) Chief Diplomat
Directs Foreign PolicyNegotiates Treaties and Executive Agreements
Appoints AmbassadorsRecognizes Foreign Governments
3) Commander in Chief
Civilian authorityAsks for Declaration of War
Troops/serious disorder in nation
4) Chief (Head) of State
Represents the nationPerforms many ceremonial duties
Symbol of US and its people
Chief (Head) of State Videoshttp://www.youtube.com/watch?v=6-
ftnSTu-CM
5) Chief Legislator
Outline and Propose legislation (State of Union Address)
Calls Congress to Special Sessions
Veto
Signing Obamacare into Law
Reagan gives SOTU Address
CabinetGeneral term for the advisers around any head of state
15 secretaries, Vice-President, and other top officials
More than advisers; also administrators of bureaucracies
Executive Office of the PresidentEOP- created by FDR
in 1939Individuals and
agencies that directly assist the president
Provide specialized advice and information, help implement decisions and gain more control over executive branch
Executive Office Agencies
The Judicial Branch
Article 3 of the ConstitutionInterprets the Laws
US Supreme Court
9 JusticesD.C.
Original and appellateFewest cases 80-150/year
US Court of Appeals12 Courts (3 judge panel)
Appellate
US District Court94 Courts (judge and 2 types of juries:
1. grand - indicts 2. petit - determines guilty or innocence)
Original Most cases
U.S. Supreme Court 2011-2012Nine Justices (1869): Eight Associate Justices led
by a Chief Justice of the Supreme Court.
Judicial ReviewPower of courts to
declare laws and actions of local, state, or national govt invalid
Acts against the Constitution must be illegal
Marbury vs Madison established the judicial review precedent
Supreme court decision may only be changed by Amendment or supreme court changes its views