U S CONSTITUTION ORGANIZATION PREAMBLE INTRODUCTION GOALS

U. S. CONSTITUTION

ORGANIZATION PREAMBLE INTRODUCTION (GOALS) 7 ARTICLES AMENDMENTS 1 THROUGH 10 = “BILL OF RIGHTS” 11 THROUGH 27

7 ARTICLES ARTICLE I - LEGISLATIVE BRANCH ARTICLE II - EXECUTIVE BRANCH ARTICLE III - JUDICIAL BRANCH ARTICLE IV - STATES/FEDERAL GOVT ARTICLE V - AMENDING CONST. ARTICLE VI - PUBLIC DEBTS ARTICLE VII - RATIFICATION PROCESS

Powers Vested In the Constitution Expressed(Enumerated) Powers Specifically mentioned in Constitution (Article 1 – Section 8 Clauses 1 -17) Elastic Clause – “Implied Powers “Necessary and Proper Clause” (Clause 18) Allows Congress to “Stretch” it’s Powers Concurrent Powers Shared By Both Federal and State Governments Reserved Powers – Amendment 10 Powers given to the States Denied Powers – Article 1 – Section 9

Elastic Clause Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "The Congress shall have 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. " Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

Major Principles Section 1 -9 • The Constitution rests on six major principles of government: – popular sovereignty – federalism – separation of powers – checks and balances – judicial review – limited government Click the mouse button or press the Space Bar to display the information.

Checking Power with Power LO 2. 2 Checks and Balances • Ambition to counteract ambition • Overlapping power • Distrust of the “system” • i. e. Fear of too strong of a chief executor Back to learning objectives

Federalism http: //www. youtube. com/watch? v=Rj 9 Jq. Ftx 0 t 0&feature=related • The Constitution created a federal system of government. • Under federalism, power is divided between national and state governments. • Federalism gives the United States a flexible system of government under which the national government has the power to act for the country as a whole, and states have power over many local matters. • The Founders chose federalism because it formed a strong union without giving all of the power to the central government. Click the mouse button or press the Space Bar to display the information.

Separation of Powers Section 1 -12 • Under separation of powers, the Constitution limits the central government by dividing power among the legislative, executive, and judicial branches. • This separation helps prevent any branch from gaining too much power. Click the mouse button or press the Space Bar to display the information.

Disaster Relief Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?

REASONS FOR FEDERALISM IN US 1. 2. 3. 4. 5. 6. 7. Unitary system (central govt. not Constitution delegates power) was undesirable Confederate structure undesirable Allows for unity, but not uniformity (allows differences among the states) More suitable to large nation More likely to check tyranny (ie Shay’s rebellion) Encourages experimentation Keeps govt. closer to the people - multiple points of access for citizens

Limited Government Section 1 -17 • The principle of limited government means that the Constitution limits the actions of government by specifically listing powers it does and does not have. • The first 10 amendments set specific limits in the areas of freedom of expression, personal security, and fair trials. Click the mouse button or press the Space Bar to display the information.

Ways the System of Checks and LO 2. 2 Balances have been modified over the years: National Political Parties and Interest Groups Partisanship politics – Congress vs the President. Congressional Hearings Divided Government = More Conflicts! Hard to hold someone accountable Back to learning objectives

Expansion of the Electorate & Move to Direct Democracy Real Purpose of the Electoral College Informed decisions vs “Hero Worship” Went from white, male property owners to all citizens over the age of 18 Increase in voter issues – initiatives, referendums, the recall

Technology Explosion! System now influenced by vast media outlets – television, internet. Adds to much more accountability for the government Time of “Instant Communication” Has allowed outside sources, i. e. interests groups easier ways to influence government- more access to the public

Growth of the President Always in the public eye due to increased media coverage http: //online. wsj. com/public/resources/docum ents/info-presapp 0605 -31. html Use public approval to his advantage to circumvent legislative oversight. i. e. President Bush authorizing wiretaps to monitor “people of interest” without court approved search warrant. – “War on Terorism” Patriot Act

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Presidential Vetos http: //www. infoplease. com/ipa/A 0801767. html

CQ 03 -03

LO 2. 3 Judicial Review and the. Guardians of “ the Constitution ” LO 2. 3 Show the use of judicial review strengthens the courts in a separation of powers system. Judicial Review • Origins of Judicial Review • • • Federalists supported judicial review Marbury v. Madison (1803) Judiciary becomes the guardian Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back to learning objectives

Other Ways To Change Constitution Judicial Decisions “Separate but Equal” ruled Unconstitutional Action By Congress Regulation of Commerce Civil Rights Act of 1964 Action By President War Powers Executive Orders Executive Privilege – Nixon vs United States

Other Ways To Change It Political Parties Customs and Traditions FDR “Pack the Court Scheme” 2 terms for President Question: What Will Be the 28 th Amendment? ? ?

Why Has The Constitution Survived for So Long? It’s Simple Not Too Specific Very Broad Language - Interpreted Many Ways Flexible - Provides for an amendment process that is difficult but manageable

Do We Need A Change? Constitution is 220 Years Old! In 1787, 3. 93 million population in 2007, 315+ million population Nuclear Weapons, Pollution, Poverty

Is The Constitution Outdated? Arguments in Favor: Can it solve Today’s Problems? Need Strong Gov. Anti-Majority Sentiment

Arguments In Support Allows for Flexibility/Adaptation Development of different agencies to serve will of the people Serves as a basic “symbol” “If it’s not broke, don’t fix it” U. S. has become #1 in the World under the present Constitution

Originalist vs Adaptive Viewpoints Originalist believe that Constitution should be followed “to the letter. ” “Old School Thinking” Traditionalists – should be based on the framer’s intentions Adaptive viewpoints believe that the document serves as a “framework”, but it left open to interpretation, stresses flexibility to ever changing society. Modern viewpoint – “What would it mean TODAY” Stresses Judicial Interpretation

WHAT IS CONSTITUTIONALISM? CONSTITUTION IS THE HIGHEST LAW CAN A COUNTRY HAVE A CONSTITUTION AND NOT PRACTICE CONSTITUTIONALISM?

Section 3 How Do We “Amend” It? Proposed in either House - 2/3 vote Or 2/3 State legislatures Request National Convention (Never Occurred)

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Ratification Process Amendment Ratified by 3/4 State Legislatures (38 states within 7 years) Supreme Court “reasonable time period” Special Ratifying Convention Called by the States Used Only Once - 21 st Amendment Very Costly and Time Consuming!

Section 3 -8

Why Only 27 Amendments? Long and Difficult Process Need Large Approval of Lawmakers – “Supermajority” Strong Public Opinion Needed to Persuade the Legislators