The U. S. Constitution Chapter 3
Feb 23, 2016
The U. S. ConstitutionChapter 3
Section 3.1Basic Principles
Objectives: By the end of this lesson, you will be able to…List and define the five basic principles on which the U.S. Constitution is based.Discuss and give examples of how the Constitution ensured the people’s authority over government.Provide examples of how the Constitution provides a system of limited government.Describe how the Constitution protects the rights of states.
Section 3.1Basic Principles
Define the following terms in your notebook:republicanismpopular sovereigntyseparation of powerschecks and balancesvetojudicial reviewunconstitutional
Section 3.1Basic Principles
The US Constitution limits and defines the powers of our government. It is based on five main principles
1. popular sovereignty2. limited government3. separation of powers4. checks and balances5. federalism
Section 3.1Basic Principles
How does the Constitution ensure the people’s authority over government?
Popular sovereigntyPS means a government authority comes from the… ???
The principle of PS can be found in the Preamble
“We THE PEOPLE of the United States…. Do ordain [order] and establish this Constitution forthe United States of America.”
The Constitution further emphasizes the power of the people by establishingrules of electing government officials. NO ONE is entitled by birth!
Section 3.1Basic Principles
Limited GovernmentHow does the Constitution provide for a system of limited government?
The Constitution limits government by establishing guidelines for how the government may act. Examples:
Article I, Section 8: enumerates the powers of CongressArticle I, Section 9: lists powers that the national government DOES NOT have, such as the power to grant titles of nobility.
Section 3.1Basic Principles
The Constitution gives some powers to the national government, and some to the states. The framers of the Constitution wanted to make sure the national government was strong enough to maintain order and keep the country united. The Constitution prohibits states from exercising powers that belong to the national government. For example, states can’t coin money or declare war. Article VI of the Constitution is the “supremacy clause.” It declares that the Constitution (and all federal laws passed under the Constitution, including treaties) to be the “supreme law of the land.”Concurrent powers are those powers shared by both the national and state governments.
In what ways does the Constitution protect the rights of states?
Section 3.1Basic Principles
GOVE
RNM
ENT
POW
ERS
The Constitution prevents the concentration and abuse of power by giving each branch the authority to check, or restrain, the powers of the other two branches.
Section 3.2Amending the Constitution
Objectives: By the end of this lesson, you will be able to…Discuss the reasons framers established ways to amend the Constitution.Describe the methods for amending the Constitution.Explain the purpose of the Bill of Rights.
Section 3.2Amending the Constitution
Define the following terms in your notebook:amendmentrepealBill of Rights
Bob Dylan, one of America’s best known songwriters, wrote songs in the 1960s that illuminated the political and social issues of the time (ex: the civil rights movement, women’s rights and the war in Vietnam). The Times They Are A-Changin’, recorded in 1964 “captured the spirit of social and political upheaval that characterized the 1960s.”
The Times They Are A-Changin’by Bob Dylan (1964)
Come gather ‘round people
Wherever you roam
And admit that the waters
Around you have grown
And accept it that soon
You’ll be drenched to the bone
If your time to you is worth savin’
Then you better start swimmin’
Or you’ll sink like a stone
For the times they are a-changin’
Verse 2Come writers & criticsWho prophesize with
your penAnd keep your eyes wide The chance won’t come
againAnd don’t speak too soonFor the wheel’s still in
spin
And there’s no tellin’ who that it’s namin’
For the loser nowWill be later to
winFor the times
they are a-changin’
Come senators, congressmen
Please heed the call
Don’t stand in the doorway
Don’t block up the hall
For he that gets hurt
Will be he who has stalled
There’s a battle outside
And it is ragin’
It’ll soon shake your windows
And rattle your walls
For the times they are a-changin’
Verse 3
Come mothers & fathers
Throughout the land
And don’t criticize
What you can’t understand
Your sons and your daughters
Are beyond your command
Your old road is
Rapidly agin’
Please get out of the new one
If you can’t lend a hand
For the times
They are a-changin’
Verse 4
The line it is drawn
The curse it is cast
The slow one now
Will later be fast
As the present now
Will later be past
The order is
Rapidly fadin’
And the first one now
Will later be last
For the times
They are a-changin’
Verse 5
SG Discussion - Respond to the following questions:
What do you think this song is about i.e. what’s going on in this song? (Hint: you may incorporate background information into your answer).In each verse, Dylan is challenging a certain group to change. Analyze each stanza of the song, and identify who and what needs to change.What do you think is the overall message of the songwriter? When might forces (social, political, or economic) produce interest, debate, and perhaps the necessity to change the U.S. Constitution?
Section 3.2Amending the Constitution
Methods of Amending the ConstitutionWhy did the framers establish ways to amend the Constitution?
Article V gives procedures for amending the ConstitutionPassing an amendment requires more than a simple majority.Amending the Constitution is difficult intentionally. The framers didn’twant to change the Constitution for just any old reason.
1. Proposing Amendments: Vote in Congress (so far, all amendments have been proposed this way).
Two-thirds of the house (290 votes) and the Senate (67 votes) requiredbefore it can be sent to the states for ratification.
Section 3.2Amending the Constitution
2. National Convention – Congress, at the request of two-thirds (34) of the state legislatures, can call a national convention to propose a Constitutional amendment.
While this is sort of cool… it has never happened.Why? Article V does not say whether a convention can be limited to proposing only the amendment it was called to consider. In other words, such a convention could be used to revise (or toss) the entire Constitution.
See: The Philadelphia Convention of 1787.
Methods of ProposalMethod 2
By national constitutional convention called by Congress at the request of 2/3 of the state legislatures (34 states)[This method has never been used]
Method 1By 2/3 vote in both the House and the Senate[most common method of proposing an amendment]
Or
Method 1By 2/3 vote in both the House and the Senate (290 in the House, 67 in the Senate.
This is the most common method of proposing an amendment]
Section 3.2Amending the Constitution
RATIFYING AMENDMENTS – TWO METHODS1. Legislatures in at least three-fourths (38) of the states must approve an amendment before it becomes part of the Constitution.
All but one of the Constitution’s amendments have been ratified this way
2. By special convention in at least three-fourths of the states. The 21st Amendment was ratified this way. It repealed the 18th Amendmentwhich had outlawed to production, transportation, and sale of alcoholic beverages.
Methods of RatificationMethod 2
Ratified through conventions in ¾ of the states.
[Only been used once to ratify the 21st Amendment]
Method 1By legislatures in ¾ of the states (38 states)[in all but one case, this is how amendments have been ratified]
Or
Section 3.2Amending the Constitution
The 27 AmendmentsFirst Amendment: Freedom of speech, assembly, religion, press, and petition. Second Amendment: The right to keep and bear arms.
Third Amendment: No quartering of troops
Fourth Amendment: Search and seizure; search warrentsFifth Amendment: Rights of an accused person
Sixth Amendment: Right to a speedy trial
Seventh Amendment: Right to trial by juryEighth Amendment: Bails, Fines, and Punishments
Ninth Amedment: Rights of the PeopleTenth Amendment: Powers of the States
THESE 10 AMENDMENTS ARE CONTAINED IN THE BILL OF RIGHTS (1791)
Section 3.2Amending the Constitution
Eleventh Amendment: Suits Against StatesThe 27 Amendments
Twelfth Amendment: Election of the President and Vice PresidentThirteenth Amendment: Abolition of Slavery
Fourteenth Amendment: Rigths of Citizens; Privileges and Immunities, Due Process, and Equal Protection
Fifteenth Amendment: Extension of Suffrage to African American MenSixteenth Amendment: Income Tax
Seventeenth Amendment: Direct Election of SenatorsEighteenth Amendment: Prohibition
Nineteenth Amendment: Extension of Suffrage to WomenTwentieth Amendment: Change in Dates for Presidential and Congressional Terms of Office
Section 3.2Amending the ConstitutionThe 27 Amendments
Twenty-first Amendment: Repeal of ProhibitionTwenty-second Amendment: Two-Term Limit on Presidential Office
Twenty-third Amendment: Right to Vote in Presidential Election
Twenty-fourth Amendment: Poll Tax Banned in Federal Elections
Twenty-fifth Amendment: Presidential Disability and Succession
Twenty-sixth Amendment: Lowering of Voting Age to 18
Twenty-seventh Amendment: Legislative Salaries
Section 3.3A Flexible Document
OBJECTIVES: AFTER COMPLETING THIS LESSON, YOU WILL BE ABLE TO…1.EXPLAIN HOW THE CONSTITUTION GIVES
EACH OF THE THREE BRANCHES OF GOVERNMENT FLEXIBILITY IN USING ITS POWERS.
2.DISCUSS HOW POLITICAL PARTIES CHANGED THE WAY GOVERNMENT OPERATES.
3.DESCRIBE THE WAYS IN WHICH THE CONSTITUTION ALLOWS CUSTOM AND TRADITION TO HELP SHAPE GOVERNMENT.
Section 3.3A Flexible Document
Define the following:
EXECUTIVE AGREEMENT
POLITICAL PARTY
CABINET
Section 3.3A Flexible Document
How does the Constitution give the three branches of government flexibility in using their powers?
Section 3.3A Flexible Document
GOVERNMENT ACTIONS
By reinterpreting their powers, the three branches of government are able to addressissues that face our nation.
Court DecisionsVague wording in the Constitution allows the courts to apply it to situations that could not have been imagined early on.
Marbury v. Madison (1803) gives the federal court system the power to rule on theconstitutionality of actions taken by the Legislative and Executive branches.
Section 3.3A Flexible Document
Judi
cial
Rev
iew
Section 3.3A Flexible Document
Congressional LegislationCongress passes laws that address new situations.
Congress assumes responsibilities and roles that are allowed by, but not mentionedin, the Constitution.
Example: Article III, Section Igives Congress the power to establishthe federal court system below theSupreme Court. Since the word “establish” is vague, Congress is able to structure these courts in ways that help meet the needs of our nations.
Section 3.3A Flexible Document
FEDE
RAL
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T SY
STEM
Section 3.3A Flexible Document
Other examples:Congress has passed laws regulating working conditions and wages.
Where does the authority come from?Article I, Section 8 of the Constitution gives Congress the power to regulate commerce among the states and with foreign nations.
Congress can regulate interstate commerce and they’ve interpreted this to includeworking conditions and wages.
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Section 3.3A Flexible Document
Executive Action
Executive Agreements – the president’s power to reach agreements withforeign counties without the Senate’s approval.
FDR’s Lend – Lease Act
Section 3.3A Flexible Document
How have political parties changed the way government operates?
A political party is an organized group that seeks to win elections in order to influence the activities of government. The flexibility of the Constitution allows political parties to influence how the operates. Political parties play in important role in electing candidates to office and in organizing the day-to-day operation of Congress.
Section 3.3A Flexible Document
How does the Constitution allow custom and tradition to shape the government?
Customs and traditions are informal, long-established ways of doing things.
Not mentioned in the Constitution
Example: The President’s Cabinet
Section 3.4The Constitution and the Public Good
Objectives: After completing this lesson, you will be able to…
1. Discuss James Madison’s contribution to the development of the U.S. government.
2. List ways the Constitution ensures that government makes laws that promote the public good.
3. Discuss critics’ claims that the Constitution sometimes makes government less effective.
Section 3.4The Constitution and the Public Good
Key Terms:
Factions
Section 3.4The Constitution and the Public Good
WHAT WERE SOME OF JAMES MADISON’S CONTRIBUTIONS TO THE DEVELOPMENT OF THE U.S. GOVERNMENT
Jam
es M
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n Federalist Paper #10Madison argues in favor of the Constitution and a republican form of government. He said that competing interests would prevent any one faction from gaining control of the government.
OPPONENTS of theConstitution fearedthat a republic couldfall under the influenceof a faction.
WAS HE CORRECT???
Section 3.4The Constitution and the Public Good
PREVENTING CONTROL BY FACTIONSMadison argues in Federalist #10 thatpopular sovereignty prevents majority rule.
Still, Americans in 1787 feared a majority faction could take away the rights of minorities. This fear, especially in the South where there was strong opposition to centralizedgovernement, posed a real threat to ratifying the Constitution.
Madison addresses the fear by arguing that a large republic (i.e., lots of people) would lead to a variety of interests and make it harder for a majority to establish itself. Distances would also present an obstacle to the formation of a majority faction.
Section 3.4The Constitution and the Public Good
In other words, in a large republic there will be so many different interests, and people will be separated by such great distances, that it will be nearly impossible for a majority interest (faction) to form on any issue.
CHAPTER 4FEDERALISM
Section 4.1Powers and Responsibilities
Objectives: At the end of this lesson, you will be able to…1.list the powers given to the federal government
and to the state governments bythe Constitution.
2. list the powers denied to the federal government and to the state governments by theConstitution.
3. identify the responsibilities that the federal and state governments have to each other.
4. describe the courts’ role in the federal system.
Section 4.1Powers and Responsibilities
Key Terms:
a.expressed powersb.implied powersc.Elastic Claused.inherent powerse.reserved powersf. concurrent powers
Section 4.1Powers and Responsibilities
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Article I, Section 8Tenth Am
endment
Neither granted to the federal govt., nor denied to the states
Section 4.1Powers and Responsibilities
Recall that FEDERALISM means the sharing of power between???
In more centralized government systems (GB), power sharing does not occur… or only occurs rarely. Although the Constitution of the United States establishes a federal form of government, the national government is supreme. Why? See the Supremacy Clause (Article VI, Section 1, Clause 2) in the Constitution.
NationalState
Local
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Section 4.1Powers and Responsibilities
10TH AMENDMENT TO THE CONSTITUTION:
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.
Rewrite this amendment in your own words
Section 4.1Powers and Responsibilities
Article I, Section 9
Article I, Section 9 –
Powers Denied to
the Federal Governemnt
No taxing exports
No favoring trade with one state over anotherNo
spending $ unless authorized by federal law to do so
EXAMPLES
Section 4.1Powers and Responsibilities
Article I, Section 10
Article I, Section 10 –
Powers Denied to the states
No issuing state moneyNo making
treaties with foreign governmentsNo going
to war unless invaded or authorized to do so.
EXAMPLES
Section 4.1Powers and Responsibilities
Fede
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over
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Making sure states have republican
forms of government
Protecting states from violent actions
Respecting states’ territories
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Section 4.1Powers and Responsibilities
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?Protecting states from violent actions
Section 4.1Powers and Responsibilities
Stat
e Re
spon
sibilit
ies t
o th
e Fe
dera
l Go
vern
men
t Establish congressional districts for electing
member of the House
Set rules for electing members of Congress and choosing members of the
Electoral College
Pay the costs of running elections
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Section 4.1Powers and Responsibilities
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?Establish congressional districts for electing member of the House
Virginia’s Congressional Districts
Section 4.1Powers and Responsibilities
Federal Governme
ntStates
Article III of the Constitution gives the judicial branch authority tohear cases involving the Constitution, U.S. laws, and disputes among the states.
Article VI includes the Supremacy Clause, which makes Constitution, federallaws, and treaties made by the federal government the “supreme law of the land.”
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Section 4.2Growth of Federalism
Objectives: By the end of this lesson, you will be able to…
a.explain how the federal government’s involvement in state affairs have grown.
b.describe how grants-in-aid have affected the growth of federalism.
c. identify the role of federal mandates in federalism.
Section 4.2Growth of Federalism
KEY TERMS
1.REVENUE SHARING2.GRANT-IN-AID3.CATEGORICAL GRANT4.BLOCK GRANT5.FEDERAL MANDATE
Section 4.2Growth of Federalism
ASK YOURSELF….
How has the federal government become more influential in my life. How will incontinue to influence my future?
Now turn to your neighbor
introduce yourself
and discuss this question
Be ready to …..SHARE
Section 4.2Growth of Federalism
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Increasing Federal Involvement
After the 1930s (remember FDR’s New Deal?), the federal government increased dramatically. This growth coudl be seen in the amount of money the federal government gave to the states.
Early 1970s -1980s – revenue sharing
Federal tax dollars were shared with state and local governments.States had lots of freedom in allocating this money.
Revenue sharing ended under President Reagan who worked tocut federal spending.
Ronald Reagan
Section 4.2Growth of Federalism
HO
W H
AVE
GRA
NTS
-IN-A
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Grants-in-aid are money or other resources that the federal governmentprovides to pay for state and local projects and programs.
Grants-in-aid are used for specific projects and programs authorized bythe federal government… unlike revenue sharing, which gave stateslots of room to decide how the money would be spent.
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Section 4.2Growth of Federalism
Examples of past grants-in-aidLand Ordinance of 1785 set aside land for public schools in the terrritorieswon for Great Britain during the American Revolution.
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Section 4.2Growth of Federalism
Examples of past grants-in-aid
Morrill Act of 1862 gave grants-in-aid of federally owned land to states. Statesused the money they made from selling the land to establish state universities.Seventy “land grant” universities were established, including…
Virginia Tech
Virginia State University
Land grant universities were established to teach and promote science, agriculture and the mechanical arts.
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Section 4.2Growth of Federalism
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NTS
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Categorical GrantsPayments by the federal government to carry out specific activities.
Examples:building airportsport facilitiesunemployment compensationfighting crimeproviding relief after natural disastersHead Start
Usually based on certain conditions, such as populationTypically require states to contribute there own funds, in an amount determined by Congress, to show commitment to the program.
These grants are competitive. States must apply for them.
The federal government will choose to fund only those applicants that offer the best proposal.
Section 4.2Growth of Federalism
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Block Grants
Block grants are federal funds that can be used by a state or locality ina broadly defined area, such as welfare, community defelopment, health, or education.
Block grant projects include developing public transportation systems, anticrime programs, and community youth activities.
Block grants give states more freedom in making decisions about howto spend the money than categorical grants.
Since 1996, all federal contributions to states for welfare have been in the form of block grants. US Department of Health and Human Services
Section 4.2Growth of Federalism
WH
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Federal Mandates
Federal mandates are requirements that the federal government imposes on state and local governments. The federal government passes mandates to address issues thataffect people in many or all of the states.
man·date [man-deyt] Show IPA noun, verb, man·dat·ed, man·dat·ing.noun1.a command or authorization to act in a particular way on a public issue given by the electorate to its representative: The president had a clear mandate to end the war.
states usually hate ‘em
Section 4.2Growth of Federalism
Section 4.2Growth of Federalism