The Constitution

1. Section 1 Six Basic Principals The Constitution

2. Section 1 Objectives

3. Preamble � an introduction Articles � sections of the Constitution Constitutionalism � the government must obey the law Rule of law � government officials must obey the law Vocabulary

4. Separation of Powers � 3 branches of government, each with its own powers and duties Checks and Balances � each branch is checked on by at least one other branch to balance their power Vocabulary

5. Veto - reject a proposal Judicial Review � the power of the Judicial Branch to check that the government and laws are in accordance with the Constitution. Vocabulary

6. Unconstitutional � an act that defies the Constitution, will be declared null and void. Federalism � powers are shared between the federal and state governments. Vocabulary

7. The Constitution, written in 1787, ratified in 1789, is still used over 200 years later. It is called the Supreme Law of the Land, or highest law in the US Supreme Law of the Land

8. The Constitution is a fairly short document (about 5000 words) that is written in a way that it did not become outdated. When it was written, there were no phones, TV, radio, planes, even the pony express and Morse Code were almost 100 years away. Outline of the Constitution

9. Outline of the Constitution It was written to allow for growth, which is why some parts are vague. The first section is the Preamble, which you have already learned

10. It is followed by 7 Articles, 6 are still used today The first 3 describe the qualifications, duties and responsibilities for the 3 branches of government. Outline of the Constitution

11. The Amendments are at the bottom. The first 10, the Bill of Rights, were written in 1791. The other 17 were written and ratified over the last 215 years. Outline of the Constitution

12. Basic Principles The Constitution is built around 6 principles: Popular sovereignty Limited government Separation of powers Checks and balances Judicial review federalism

13. Basic Principles Popular Sovereignty � all political power resides in the hands of its citizens. Government exists only with the consent of its people

14. Basic Principles Limited Government � the government and its officials can only do things that the people allow them to do Constitutionalism (the government must obey the law) and rule of law (government and its officers are not above the law) enforce this

15. Basic Principles Separation of Powers � the 3 branches have different duties and responsibilities. No other branch can take on the responsibilities of another.

16. Basic Principles Checks and Balances � each branch has the duty to check on the other branches to prevent them from becoming too powerful.

17. Checks and Balances

18. Executive Branch Powers The President�s powers are to: Sign or veto laws Enforce laws Lead the military as Commander in Chief Nominate cabinet and Supreme Court members

19. Legislative Branch Powers The House�s powers are to: Make laws Declare war Impeach a president Authorizing expenditures

20. Legislative Branch Powers The Senate�s powers are to: Make laws Declare war Remove a president Override a presidential veto Approve presidential appointments

21. Judicial Branch Powers The Judiciary�s powers is to: Decides the Constitutionality of legislation.

22. Judicial Review The Supreme Court can look at and review any legislation to determine its constitutionality. Marbury v. Madison, 1803, established the power of judicial review.

23. Judicial Review The Supreme Court hears cases brought before it to decide the Constitutionality of a case. If the case was not legal, the defendant gets a new trial.

24. Miranda v. Arizona Miranda was arrested for the rape of an Arizona girl. He confessed during questioning. The confession was used in court and he was sentenced.

25. Miranda v. Arizona His attorney appealed his case because Miranda confessed without knowing he could have an attorney if he asked. The Supreme Court decided that his confession could not be used at his trial

26. Miranda v. Arizona He got a new trial His victim testified, she did not need to in the first trial He was again found guilty and sentenced to prison, again. The Supreme Court did not decide on his guilt or innocence

27. Miranda v. Arizona Because of this case, we now have the Miranda Rights, explaining all the rights an accused person has before they are questioned.

28. Miranda v. Arizona BTW � after Miranda�s second trial, he was stabbed to death by another prisoner.

29. Skinner V. Oklahoma OK law stated that Skinner, a 3 time felon, would be castrated The Supreme Court overturned OK State Law. There was no new trial as the law was thrown out

30. Federalism The federal and state government can coin money, the states cannot The State governments can make marriage laws, the federal government cannot

31. Federalism Both the federal and state governments can tax people to raise revenue.

32. Section 2 and 3 Formal Amendments and Other Constitutional Changes The Constitution

33. Identify the 4 different ways the Constitution may be changed formally Explain how the formal amendment process demonstrates the principles of federalism and popular sovereignty Outline the 27 Amendments Section Objectives

34. Amendment � a change or clarification in the writing of the Constitution Formal Amendment � the ways that an amendment can be added to the Constitution Vocabulary

35. Vocabulary Bill of Rights � the first 10 amendments that were passed in 1791.

36. A Living Document The framers wanted the new government to be able to grow with the country. When it was written, America was an agricultural nation with less than 4 million people

37. A Living Document Today, we are a technology based country with more than 300 million people. Even with the changes, the Constitution has only been changed 27 times.

38. Amendments The Constitution can be changed 2 ways Formal amendments, the process is in Article V Informal amendments

39. Formal Amendments Proposals can be made by 2/3 vote in each House All 27 amendments have been proposed this way

40. Formal Amendments Proposals can be made by 2/3 of the state legislatures This way has never been used

41. Formal Amendments Proposals can be ratified by � vote of the state legislatures 26 of 27 amendments have been approved this way

42. Formal Amendments Proposals can be ratified by � vote at state conventions Only the 18th Amendment has been ratified this way

43. Formal Amendments Amendments are difficult to pass because 2/3 vote needed in Congress Heavily populated and sparsely populated states must agree � states must agree within 7 years

44. Formal Amendments The Equal Rights Amendment did not pass because many states did not agree and court cases were taking care of the problem

45. Formal Amendments The 26th Amendment gave 18 year olds the right to vote in 1971 This had equal appeal for all since boys were drafted to fight in Vietnam

46. Possible Amendments Gay Marriage Flag Burning

47. Amendments The last amendment, 1992, gives any pay raises passed by Congress to go into effect during the following Congressional session.

48. Section Objectives Identify how basic legislation has changed the Constitution over time. Describe the ways in which the Constitution has been altered by executive and judicial actions. Analyze the role of party practices and custom in shaping the Constitution.

49. Vocabulary Executive agreement � a pact made by the president with the head of a foreign nation Treaty - a formal agreement between 2 states

50. Vocabulary Electoral college � the group that elects the president Cabinet � an advisory body for the president. Members are nominated by the Pres and confirmed by the Senate

51. Other Amendment Methods Legislation - Congress passes a law. It�s the fast way to make a change and the way it is usually done

52. Other Amendment Methods Executive Action � the president can make things happen, move troops, make agreements with foreign countries and take action to protect America

53. Other Amendment Methods Court Decisions � The Supreme Court adapts decisions to modern events They reversed Plessy v. Ferguson in the 1954 decision, Brown v. Topeka

54. Other Amendment Methods Party Practices � Political parties make decisions, platforms, for their candidates t0 win elections

55. Other Amendment Methods Custom � some practices are unwritten but are done because of tradition There is nothing in the Constitution about a Cabinet but all presidents have one