Transcript
The Constitution Chapter 3
Focus
Captain Kirk – Importance of the Constitution
Agenda Constitutional Convention
o Weaknesses of Articles of Confederation o Compromises
5 Basic Principles of Constitution
Structure of the Constitutiono 3 Parts
Constitutional Convention
1787 – Constitutional Convention
Philadelphia
“Change” or “Revise” Articles of Confederation
Constitutional Convention
Weakness of Articles of Confederation o No power to taxo States used different
currencies o No national courto No power to raise
army/navyo Interstate
commerce could not be regulated
o No Executive or President
Constitutional Convention
Different ideas led to many compromises….o The Great Compromise o Three-fifths (3/5) Compromise
Constitutional Convention
The Great Compromise o Virginia Plan –
James Madison• Number of
representatives should be based on population
• Favored large states
o New Jersey Plan – William Paterson• Each state should be
given the same number of representatives
• Favored small states
Constitutional Convention
Compromise o Bi-cameral
legislature – 2 Houses
o Lower House or House of Representatives – representatives based on population
o Upper House or Senate – 2 representatives per state
Constitutional Convention
Three-fifths Compromise – James WIlsono Slaveholding states wanted to include
slaves in their population to have more representatives
o Non slaveholding states thought that this was unfair
Constitutional Convention
Compromise o Population based
on total number of free people plus three-fifths of the number of slaves
o Slaves would also count as three-fifths when determining taxes
Basic Principles of the Constitution
Founders based the Constitution on 5 basic principles o Popular Sovereigntyo Limited Governmento Federalismo Separation of Powerso Checks and Balances
Basic Principles of the Constitution
1. Popular Sovereignty o People spell out the
rules by which they allow governing to happen
o Consent of the
Governed
o People are in charge
Basic Principles of the Constitution
2. Limited Government o Government has
specific restrictions on its power
o Keep government from becoming too powerful
Basic Principles of the Constitution
3. Federalism o System of shared power between Federal and
State governments
o States keep certain powers, but give up some power to the Federal government
o 3 Types of Powers• Delegated Powers• Reserved Powers• Concurrent Powers
Basic Principles of the Constitution
Delegated Powerso Powers given to the
Federal government
o Examples• Regulate trade• Raise army• Declare war and make
treaties• Print money• Grant patents and
copyrights
Basic Principles of the Constitution
Reserved Powerso Powers granted to the
State government
o Examples• Regulate trade
within state• Establish public
schools• Pass marriage and
divorce laws• Set up local
governments• Conduct elections
Basic Principles of the Constitution
Concurrent Powerso Powers shared
between the Federal and State governments
o Examples• Collect taxes• Borrow money• Make and enforce laws• Establish courts• Provide public welfare
Basic Principles of the Constitution
Basic Principles of the Constitution
4. Separation of Powerso Distribution of power
of different branches of government
o 3 Branches • Legislative • Executive • Judicial
Basic Principles of the Constitution
Three Ring Circus
Basic Principles of the Constitution
United States Government = Orange
Basic Principles of the Constitution
Legislative Brancho Article I
o Congress makes the laws
o House of Representatives• Led by Speaker of the
House
o Senate• Led by the Majority
Leader
Basic Principles of the Constitution
Executive Brancho Article IIo Enforces lawso Led by the Presidento Also includes the
Cabinet and 15 Departments• Examples
• Department of Defense
• Department of Homeland Security
• Department of the Treasury
Basic Principles of the Constitution
Judicial Brancho Article IIIo Interprets lawso Headed by the
Supreme Court • Chief Justice John
Roberts Jr
Basic Principles of the Constitution
United States Government = Orange
United States
Government
Legislative
Branch
Executive BranchJudicial
Branch
Basic Principles of the Constitution
5. Checks and Balanceso Power is balanced between branches of
government so that each branch can check (or limit) the power of the other branches
o President can check Congress • Veto – reject proposed laws
o President can check Judicial Brach• Appoint federal judges
Basic Principles of the Constitution
More Checks and Balances o Congress can check President
• Override the veto
o Congress can check Judicial Branch • Must approve federal judges
o Judicial Branch • Judicial Review – Marbury v Madison
• Courts review the acts of other branches of government and decide if they acted correctly
• Can declare laws unconstitutional
Basic Principles of the Constitution
Structure of the Constitution
3 Parts to the Constitution o Preambleo Articleso Amendments
Structure of the Constitution
1. Preamble o States 6 goals of the
United States government• Form a more perfect
union• Establish justice • Insure domestic
tranquility – peace• Provide for the common
defense • Promote the general
welfare• Secure the blessings of
liberty
Structure of the Constitution
Barney Fife and the Preamble
Structure of the Constitution
2. Articles o Describes how the government is
organized and works o 7 Articles
Structure of the Constitution
Article I – Legislative Brancho House of Representatives/Senateo Elections and meetingso Rules of procedureo How laws are madeo Powers granted to Congress• Taxation• Regulate commerce• Declare War• Raise Army/Navy
Structure of the Constitution
Article II – Executive Brancho a. Office of the
President and Vice President
o b. Powers granted to the President• Commander in Chief of
armed forces• Make treaties• Appoint ambassadors and
public ministers
Structure of the Constituion
c. Duties of the Presidento State of the Uniono Receive ambassadorso Laws are faithfully
executed
d. Removal from office
Structure of the Constitution
Article III – Judicial Brancho Federal Courtso Powers of Federal Courts
• Extend to all cases • Laws and Treaties
Article IV – Relations Among Stateso Rights of Citizenso State Acts and Recordso New States
Structure of the Constitution
Article V – Amending the Constitution
Article VI – Debts, Federal Supremacy, and Oaths of Office
Article VII – Ratification of the Constitution
Structure of the Constitution
3. Amendments o Formal change or addition to the Constitution
o Amendment Process• Proposing an Amendment – 2 different ways
• Two-thirds of the members of both houses of Congress must vote to propose amendment
• Two-thirds of the state legislatures must vote to ask Congress to hold a special convention
Structure of the Constitution
Ratifying an Amendment - 2 different ways states can ratify o Three-fourths of the state
legislatures must voteo Conventions in three-
fourths of the states must vote
If the people do not like the effects of an amendment, another amendment can be passed to repeal, or cancel it.
Structure of the Constitution
Review
Friend or Foe!!
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