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The Living Constitution

Modern U.S. History. The Living Constitution. The 7 “Principles” of the Constitution. Popular Sovereignty Republicanism Federalism Separation of Powers Checks and Balances Limited Government Individual Rights. Popular Sovereignty.

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The Living Constitution

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  1. Modern U.S. History The Living Constitution

  2. The 7 “Principles” of the Constitution • Popular Sovereignty • Republicanism • Federalism • Separation of Powers • Checks and Balances • Limited Government • Individual Rights

  3. Popular Sovereignty • Popular Sovereignty: a government in which the people rule. • Preamble: “We the people of the United States establish the Constitution for the United States of America”

  4. Popular SovereigntyWho gives the government its power? • This concept means that the “people” rule in our country • We are the source of the government’s power • This has taken on new people throughout history (like who?) • African American men (1865) • Women (1920) • 18 year olds (1971)

  5. Republicanism • Republicanism: based on the belief that the people exercise their power by voting (the power of the ballot prompts candidates to listen to peoples concerns) • The Framers believed that people exercise their power by voting • The Constitution calls for every state to have a “republican form of government”.

  6. RepublicanismHow are people’s views represented in Government? • Our government works by people choosing our leaders – who then make the decisions for us

  7. Federalism • Federalism: a system of government in which power is divided between a central government and small political units (states). • The Framers wanted the states and nation to become partners in governing. • Delegated Powers – power granted to the national government • Reserved Powers – powers granted to the state governments • Concurrent Powers – powers shared by national and state governments

  8. FederalismHow is Power Shared? • Federalism is a system of “shared” powers between the national government and the state governments

  9. Separation of Powers • Separation of Powers: the division of basic government roles into branches (no one branch is given all the power). • The Framers were concerned that too much power might fall in the hands of a single group. • Legislative Branch – Congress makes the laws • Executive Branch – President enforces the laws • Judicial Branch – Supreme Court interprets the laws

  10. Separation of PowersHow is Power Divided? • Power in our government is split, or separated among 3 branches • Executive • Legislative • Judicial

  11. Checks and Balances • Checks and Balances: each branch of government can exercise checks, or controls, over the other branches. • The Framers included a system of checks and balances in the Constitution to make sure that the branches work together fairly.

  12. Checks and BalancesHow is power evenly distributed? • Each branch of government exercises control, or a check on the other branches. • This ensures that one branch doesn’t become too powerful

  13. Checks and Balances

  14. Limited Government • Limited Government: “rule of law” • The Framers restricted the power of the government • Article 1 Section 9 – Powers denied to Congress • Article 1 Section 10 – Powers denied to states

  15. Limited Government • Limited Government: Constitution lists things that the government cannot do. It also explain how all citizens, weak or strong, must obey the law

  16. Individual Rights • Individual Rights: Bill of Rights guarantees certain individual rights or personal liberties and privileges.

  17. Individual RightsHow are personal freedoms prevented? • Individual Rights: People get certain individual privileges – protections from powerful government

  18. Elastic Clause • Congress is granted the power “to make all laws necessary and proper” for carrying out all of the powers given to it by the Constitution • This allows future generations to expand the meaning of the Constitution to apply to new situations as they come up • What kinds of things would that Framers of the Constitution not be able to anticipate?

  19. The Electoral College • Voters don’t choose President directly • Each state has “electors” that make up the Electoral College • Number of electors per state determined by the number of Senators and members of the House of Reps. that the state has • Winner take all – meaning that if a candidate wins a state – they get all of that state’s ‘electors’ (with some exceptions)

  20. Electoral College Map – 2004 ElectionGeorge W. Bush – RedJohn Kerry – Blue

  21. Roles of the President • Commander-in-Chief • Chief Executive • Chief Diplomat • Legislative Leader • Head of Political Party

  22. Commander-in-Chief

  23. Chief Executive

  24. Chief Diplomat & Chief of State

  25. Legislative Leader

  26. Head of Political Party

  27. Judicial Review • Judicial Review is one of the most important powers the Judicial Branch has • The Supreme Court (and other federal courts) have the power to examine laws and government activity and decide whether it violates the Constitution

  28. America: Both Federal and State Governments Taxes Courts Laws Roads

  29. Amending the Constitution • Constitution can be amended – or changed • Has been amended 27 times in history • Amendment must be passed by 2/3 of BOTH houses of Congress – or application by 2/3 of the states • To be passed: Amendment must be ratified by ¾ of state legislatures or ¾ of state conventions

  30. Supreme Law of the Land • If a U.S. law and a state law contradict, which one takes precedence (is more important to follow)? • The U.S. Constitution and the laws of the U.S. shall be supreme over state constitutions and state laws

  31. The Bill of Rights • The first 10 Amendments to the Constitution • Guarantees basic freedoms and liberties for all U.S. citizens

  32. The 1st Amendment • The 1st Amendment guarantees • Freedom of Religion • Freedom of Speech • Freedom of the Press • Freedom of Assembly • Freedom to Petition the Government

  33. Amendments 2-4 • The 2nd Amendment: Citizens have the right to keep and bear arms • The 3rd Amendment: The government cannot quarter troops in your home • The 4th Amendment: Citizens have protection against illegal searches and seizures (gov’t must obtain a warrant & have probable cause to conduct a search)

  34. The 5th Amendment • People accused of crimes have the right to not “incriminate” themselves • The “right” to remain silent (Miranda rights) • No person is ever forced to testify against themselves • No “double jeopardy”

  35. Amendments 6-8: Protects those accused of crimes • 6th Amendment: Right to a Speedy and Public Trial (also the right to hear the charges, right to call witnesses in your favor, and right to an attorney) • 7th Amendment: Trial by Jury in Civil cases • 8th Amendment: Limits of Fines and Punishments (no ‘excessive’ bail, or ‘cruel and unusual’ punishment) • 9th Amendment: Addresses the rights of people that aren’t specifically stated in the Constitution • 10th Amendment: Says that anything the Constitution doesn’t mention is left up to the states

  36. Other Famous Amendments • 13th: Slavery is outlawed (1865) • 16th: Income tax is allowed (1913) • 18th: Prohibition of alcohol (1919) • 19th: Women’s Suffrage (right to vote) (1920) • 21st: Prohibition repealed (1933) • 22nd: Limits President to 2 terms (1951) • 25th: Presidential Disability/Succession (1967) • 26th: 18 year olds can vote (1971) • 27th: Congressional pay raises (1992)

  37. The Line of Succession after the President (who are they today???) • 1. Vice-President • 2. Speaker of the House • 3. President Pro-Tempore of the Senate • 4. Secretary of State • 5. Secretary of Treasury

  38. Executive Departments (The President’s Cabinet) • Leaders of all the Executive Departments serve in the President’s Cabinet – or closest group of advisors

  39. The President’s Cabinet • The Secretary of… (they all serve as Presidential advisors and heads of their gov’t department) • Agriculture • Commerce • Defense • Education • Energy • Health & Human Services • Homeland Security • Housing and Urban Development • Interior • Justice (Attorney General) • Labor • State • Transportation • Treasury • Veteran’s Affairs

  40. Key Members of our Government – those we need to know • President • Vice President • Speaker of the House of Representatives • President Pro-Tempore of the Senate • Secretary of State • 2 U.S. Senators from Wisconsin • U.S. Representative whose district includes Waterford • Governor of Wisconsin

  41. The President of the United States • Barack Obama

  42. The Vice President of the United States • Joe Biden

  43. The Speaker of the House of Representatives • John Boehner

  44. President Pro-Tempore of the Senate • Daniel Inouye

  45. The Secretary of State • Hillary Clinton

  46. Chief Justice of the Supreme Court • John Roberts

  47. Wisconsin’s 2 U.S. Senators • Herb Kohl • Ron Johnson

  48. U.S. Representative whose district includes Waterford • Paul Ryan

  49. Wisconsin’s 1st District

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