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Constitution Themes 08

Apr 22, 2015

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Page 1: Constitution Themes 08
Page 2: Constitution Themes 08

"Today I am an inquisitor”"Today I am an inquisitor” A Tribute to Barbara Jordan

1936-1996

Congresswoman - Educator - Constitutionalist

Page 3: Constitution Themes 08

"Earlier today we heard the beginning of the "Earlier today we heard the beginning of the Preamble to the Constitution of the United States, Preamble to the Constitution of the United States, We the peopleWe the people.. It is a very eloquent beginning. But It is a very eloquent beginning. But

when that document was completed, on the when that document was completed, on the seventeenth of September in 1787, I was not seventeenth of September in 1787, I was not

included in that included in that We, the peopleWe, the people.. I felt somehow for I felt somehow for many years that George Washington and many years that George Washington and

Alexander Hamilton just left me out by mistake. Alexander Hamilton just left me out by mistake. But through the process of amendment, But through the process of amendment,

interpretation, and court decision I have finally interpretation, and court decision I have finally

been included in been included in We, the people.We, the people.

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Popular SovereigntyPopular Sovereignty•The principle that the The principle that the people are the source of people are the source of

power – found in the power – found in the PreamblePreamble

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•The Constitution limits the The Constitution limits the power of the federal govt.power of the federal govt.

•How???How???

•By listing the specific powers By listing the specific powers of each branch of govt. andof each branch of govt. and

•Separating the govt. into 3 Separating the govt. into 3 branches – this is called…branches – this is called…

Limited Govt.Limited Govt.

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States that the States that the Constitution is the Constitution is the supreme (highest) supreme (highest)

law of the landlaw of the land

Article VIArticle VI

SupremacySupremacy

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A system of A system of government that government that

divides power divides power between the State between the State

governments and the governments and the FederalFederal govt. govt.

FederalismFederalism

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FederalismFederalism

•A dual form of A dual form of govt. the govt. the divides powerdivides power

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FederalismFederalism

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Federalism Federalism CakeCake

Federal GovtFederal Govt

State GovtState GovtState GovtState Govt

Amendment #10Amendment #10Concurrent

Powers

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Article V –Article V –outlines the outlines the

procedure for procedure for AMDENDINGAMDENDING the the

Constitution Constitution

The Amendment The Amendment ProcessProcess

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FlexibilityFlexibilityThe Constitution has been The Constitution has been

able to change with the able to change with the times:times:

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The Elastic The Elastic ClauseClause

• Article I, Section 2, Paragraph Article I, Section 2, Paragraph 1818

““Congress has the power to Congress has the power to pass laws that pass laws that areare

necessary and proper…”necessary and proper…”

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Judicial ReviewJudicial Review

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Judicial ReviewJudicial Review

The power of the The power of the Courts to declare Courts to declare

laws laws unconstitutional- unconstitutional- interpret whether interpret whether

the law is the law is “constitutional”“constitutional”

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The The CongressCongress

makes the makes the lawslaws

The PresidentThe President

enforces the enforces the lawslaws

The courtsThe courts

interpret interpret the lawsthe laws

                                      

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Checks and Checks and BalancesBalances

•Each branch of Each branch of government has government has

certain powers to certain powers to limit or limit or checkcheck the the

powers of the powers of the other twoother two

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Separation of Separation of PowersPowers

•Powers are Powers are divided among divided among three branches three branches

of govt.of govt.

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Separation of Separation of PowersPowers

•Powers are Powers are divided among divided among three branches three branches

of govt.of govt.

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Delegated/Enumerated Delegated/Enumerated PowersPowers

•Powers Powers specifically specifically granted to granted to congresscongress

•Article I, Sec 8, Article I, Sec 8, Paragraph 1-Paragraph 1-1818

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Group I : SWBA understand the term Group I : SWBA understand the term FederalismFederalismand how it worksand how it works

Group II: SWBA understand how the system Group II: SWBA understand how the system of of checks and balances limits the power of checks and balances limits the power of each branch of govt.each branch of govt.

Group II: SWBA understand how the Group II: SWBA understand how the amendment process works and how often it amendment process works and how often it occursoccurs

Group IV SWBA understand the importance Group IV SWBA understand the importance of Judicial Reviewof Judicial Review

Group V: SWBA how the elastic clause gives Group V: SWBA how the elastic clause gives the Constitution the Constitution flexibilityflexibility

Page 27: Constitution Themes 08

High Court Bans School Segregation; 9-to-0 Decision Grants Time to Comply1896 Ruling Upset 'Separate but Equal' Doctrine Held Out of Place in Education; High Court Bans Public Pupil Bias

New York Times, May 17, 1954

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1.1.The Living ConstitutionThe Living Constitution

2.2.Constitutional Constitutional Principles Principles

3.3.The Federalism cakeThe Federalism cake

4.4.Checks an balances Checks an balances diagramdiagram

5.5.Powers of the presidentPowers of the president

1.1.The Living ConstitutionThe Living Constitution

2.2.Constitutional Constitutional Principles Principles

3.3.The Federalism cakeThe Federalism cake

4.4.Checks an balances Checks an balances diagramdiagram

5.5.Powers of the presidentPowers of the president

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