• OBJECTIVE: Comprehend the Constitutional Compromises and the Goals of the Preamble by taking notes • WARM UP: Which part/ branch of the national government is most important ? Explain in 1 -2 sentences
The Constitution Compromise, Structure, Ratification
The Preamble
The Preamble ~ Our Mission Statement • • • In order to form a more perfect union Establish justice Insure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty to ourselves and our posterity
Article I: The Legislative Branch • This branch makes the laws • The Senate (Upper House) – 2 senators per state – Elected every 6 years – Foreign policy • House of Representatives (Lower House) – Number of Reps is proportional to each state’s population – Elected every 2 years – Money – all revenue bills must start here
Article II: The Executive Branch • This branch enforces/carries out the laws • The President – Elected every 4 years, with a 2 term limit – Elected through the electoral college – Commander in Chief, Head of State, Face of the Nation • Vice President – Chosen by the President before Nov. election • Cabinet – Advisors from each of the Executive Agencies
Article III: The Judicial Branch • This branch judges the constitutionality of the laws • The Supreme Court – 8 Associate Judges, 1 Chief Justice • Appointed by the President • Confirmed by the Senate • Serve for Life (with good behavior) – Decide if laws are in line with the Constitution and its ideals – Reactive not Proactive
Federal System • Shared Power between the National Government and the State Governments • Enumerated powers – national government only • Concurrent powers – both national and state governments • Reserved powers – state governments only
Separation of Powers • Each branch has its own job and other branches can’t take that job away • Each branch is chosen in different ways • Reflects Enlightenment philosophy of Montesquieu • Prevents one branch from becoming a tyrant
Checks and Balances
Federal vs. State Authority • Necessary & Proper Clause (Art. I, Sec. 8) – Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. ” • 10 th Amendment – “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ”
Great Compromise • Bicameral Legislature (2 Houses) • Upper House – Senate – Elected by the States’ legislatures and represent the issues of the state – 2 Senators per State – 6 year terms – Foreign policy focus • Lower House – House of Representatives – Elected by the people of the states to represent the issues of the people – Number of Representatives determined by the state population – 2 years terms – All tax bills MUST start in the House
3/5 th Compromise • Slaves and slavery were never directly addressed by name in the Constitution – “all other persons” • Taxation – 3/5 th of the value of a slave counts as property for the purpose of taxation • Representation – 3/5 th of the number of slaves in a state count towards the state’s population for the purpose of representation in the House of Representatives
COOL DOWN • Which part of the Preamble/Mission Statement do we do the BEST job with? • Which part of the Preamble/Mission Statement do we do the WORST job with?
Articles of Confederation US Constitution Congress had no power to tax or collect taxes Revenue Bills (taxes) start in the House of Representatives. Enforced by the Executive Branch Congress had no power to regulate interstate or foreign trade Congress regulates trade between states and with other countries Congress had no power to enforce its laws Executive Branch enforces the laws through various departments Approval of 9 states was needed to enact laws Laws passed by simple majority in Senate AND House, then signed by President Amendments to the Articles required the consent of all 13 states Amendments must be ratified by 3/4 ths of the states. The government had no executive branch There was no national court system Executive Branch – Enforces the Laws Judicial Branch – Settles Interstate Disputes, Judges Constitutionality of Laws
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