Transcript File - Andersenland

The Constitution
Chapter 3- Describe the six basic principles on which
the Constitution is built and the formal and the
informal constitutional amendment processes.
•Section 1: The Constitution
rests on basic principles that
have made the United States
government unique in the world
history.
•Section 2: Formally amending
the Constitution have revised the
original words.
•Section 3: Through modified
laws and customs, the
Constitution continues to be a
living document.
3.1 Section Objective: To understand the
meaning of the basic principles of the
American constitutional system in both their
historical and current settings.
• Outline the important elements of the
Constitution.
• List the eight basic principles of the
Constitution.
• Understand the Articles and Clauses of
the Constitution.
Vocabulary
• Preamble
• Articles
• Popular Sovereignty
• Limited Government
• Constitutionalism
• Rule of Law
• Separation of Powers
• Checks and Balances
• Veto
• Judicial Review
• Marbury v. Madison
• Unconstitutional
• Federalism
• Representative Government
• Civilian Control of the Military
• Republicanism
• Full Faith and Credit Clause
• Privileges and Immunity Clause
• Supremacy Clause
• Necessary and Proper Clause
Concept/Ideas
•
What is the purpose of the preamble?
•
How is the Constitution set up?
•
What was the affect of Marbury v. Madison?
•
What is the immediate effect if a law is declared
unconstitutional?
•
What is the difference between “separation of powers”
and “checks and balances?”
•
Using past and present policies/issues, analyze one
conflict that arises in our society due to competing
constitutional principles or fundamental values
(smoking marijuana- pursuit of happiness vs. common
good).
•
Explain an example why people may agree on
constitutional principles and fundamental values in the
abstract, yet disagree over their meaning when they
are applied to specific situations.
I. The Six Basic Principles
A.
An Outline of the Constitution
1. Set out basic principles, which the government of the United
States was built on and how it operates today.
2. Begins with a short introduction: Preamble and the balance
of the original document is divided into seven numbered
sections called articles.
a) Article 1- Legislative branch
b) Article 2- Executive branch
c) Article 3- Judicial branch
d) Article 4- Relations among the States
e) Article 5- Amending the Constitution
f) Article 6- National debts, supremacy of national law,
and oaths of office
g) Article 7- Ratifying the Constitution
3.
Watch video clip
Constitutional Scavenger Hunt
Directions: The answer to each questions can be found in
the Constitution in Articles I, II, II, or V. Record your
answers on the matrix and make sure to note the Article,
Section and Clause in which you found your answer.
Write your answers in complete sentences.
Let’s do the first one together….
Questions 1-What is the length of a term of office for
members of the U.S. House of Representatives?
Answer 1
Article Section Clause Answer in Complete Sentences
B. The Basic Principles Found in the US Constitution
1. Popular Sovereignty
a) The people are sovereign.
b) The government can govern only with the consent of
the governed.
c) “We the people of the United States… do ordain and
establish this Constitution for the United States of
America.” The Preamble to the Constitution
2. Limited Government
a) The limited government holds that no government is
all-powerful, that a government may do only those
things that the people have given it the power to do.
b) Constitutionalism- The government must be
conducted according to constitutional principles.
c) Rule of law- holds that government and its officers
are always subject to – never above – the law.
3. Separation of Powers
a) Separation of Powers- Legislative, Executive, and
Judicial powers of government are separated: there
are three distinct and independent branches of the
government.
How does this differ from the Parliamentary system?
4. Checks and Balances
a) Legislative, Executive, and Judicial are not
completely independent. They are tied together by a
system of checks and balances.
b) Each branch is subject to a number of constitutional
checks by the other branches.
(1) The president can veto (reject) any act of
Congress, but congress can override the veto by a
two/thirds vote.
What are the differences between these two CDV?
Show video
5. Judicial Review
a) Power of courts to determine
whether what the government does
is in accordance with what the
Constitution provides
(1) Unconstitutional- to declare
illegal, null and void; of no force and
effect in regard to the Constitution
b) Marbury v. Madison
c) View video clip
6. Federalism
a) the division of power between a
central government and several regional
governments
b) Chocolate Cake Theory
7. Representative Government
a) One that serves as a delegate or agent for another
b) A member of a governmental body, usually legislative, chosen
by popular vote
c) A member of the U.S. House of Representatives or of the
lower house of a state legislature
d) Republicanism
(1) is the ideology (or state of beliefs) of governing a
nation as a republic, where the head of state is
appointed by means other than heredity, often
elections
(2) A republic is a form of government in which the head
of state is not a monarch and the people (or at least a
part of its people) have an impact on its government
(a) The word 'republic' is derived from the Latin
phrase res publica, which can be translated
as "a public affair"
8. Civilian Control of the Military
a) Ultimate responsibility for a country’s strategic decision
making is in the hands of the civilian political leadership,
rather than professional military officers
In Class: Group work on the Basic Principles (pages 65-70 and
notes). Your assigned group will be given one of the eight
principles to teach to the class. You need to develop a lesson
Popular Sovereignty
that includes:
FCAs
Separation of Powers
_____ Definition of the principle
_____ Historical background (how did we get this principle?
Representative
Where did it come from?)
Government
_____Use the principle in today’s context (real life situation)
_____ Using past and present policies/issues, analyze one
Checks and Balances
conflict that arises in our society due to competing
constitutional principles or fundamental values (smoking
Federalism
marijuana- pursuit of happiness vs. common good)
_____ Explain an example why people may agree on
Civilian Control of the
constitutional principles and fundamental values in the
Military
abstract, yet disagree over their meaning when they are
applied to specific situations (life vs. the death penalty)
Judicial Review
_____ Develop and design a bumper sticker showing how that
principle is connect to or represented in the US
Limited Government
Constitution- you need article, clause, and phrase
You will be graded according to your knowledge, organization,
professionalism, creativity and FCAs.
3.2 Section Objective: To understand the
processes of constitutional change and
development by formal amendment.
• Describe four different ways to formally amend,
or change the working of, the Constitution.
• Explain the limits of the formal amendment
process and how it reflects federalism.
• Understand the history and meaning of the 27
amendments to the Constitution, including the
Bill of Rights.
Vocabulary
• Amendment
• Formal amendments
• Bill of Rights
Concepts
• Describe four possible methods
of formal amendment.
• Amendments 1-10, 13, 14, 15,
19, and 26
• How does the formal amendment
process illustrate federalism?
• Both the Schenck case (1919)
and the Tinker case (1969)
involved antiwar protests. How
would you explain the differences
between the Supreme Court
decisions?
II Formal Amendment
A. Formal Amendment Process
1. Formal Amendment- changes or additions that become part of the
written language in the Constitution
a) Method one: Amendment may be proposed by a two-thirds
vote in each house of Congress and be ratified by three
fourths of the State legislatures
(1) 26 out of the 27 Amendments were done this way
b) Method two: Amendment may be proposed by Congress and
then ratified by conventions in three-fourths of the States
(1) 21st Amendment done this way
(a) Congress felt that the conventions’ popularly
elected delegates would reflect public opinion more
that State legislatures
c) Method three: Amendment may be proposed by a national
convention, called to the Congress at the request of two-third
votes of the State legislatures—today 34
d) Method four: Amendment may be proposed by a national
convention and ratified by conventions in three- fourths of the
States
Draw a mental map for the four ways to
formally amend the Constitution.
Proposed by
Congress by a 2/3 in
both houses
Proposed by national
convention called by
Congress when
requested by 2/3 (34)
of the State legislatures
Ratified by the
State legislature
¾ (38) of the
States
Ratified by
conventions held in
¾ (38) of the States
2. Federalism and Popular Sovereignty
a) The formal amendment process emphasizes the federal
character of the governmental system
How?
b) The Constitution is amended, that action represents the
expression of the peoples’ sovereign will. The people
have spoken
3. Proposed Amendments
a) When both houses of Congress passes a resolution
proposing an amendment, Congress sends it to the
State, once the State approves the amendment it is
finally and added to the Constitution
B. The 27 Amendments
1. The Bill of Rights
a) The first ten amendments were added to the
Constitution three years after it became effective.
(Jefferson supports the Constitution)
b) Bill of Rights: The first ten amendments of the
Constitution.
c) Guarantees freedom of belief and expression, freedom
and security of the person, and of fair and equal
treatment before the law.
2. The Later Amendments
a) 27 Amendments in total
(1) 27th Amendment- forbids Congress from raising
their own pay/salary during that term. It was
proposed in 1789 and ratified nearly 203 years later
in 1992.
Cleft Notes for the Amendments
Directions: For each amendment, list the
topic/title and the date it was ratified. Then in
complete sentences, fill in each dot with a
major point from that amendment.
Amend.
1
Topic/Date
Freedom of Religion
*
*
Comparing the US Constitution and
the British Documents
Directions: Compare the US Constitution with the three
English documents. Come up with 9 common topics
between the English documents and the US Constitution.
You can use the same article or amendment more than
once if you refer to a different portion of it. For example:
First Amendments has 5 distinct topics/issues in it and
therefore could be used for each topic.
US Constitution
6th Amend
Issue
Trial by Jury
Magna Carta/
Petition/Bill of Rights
all three documents
Supreme Court Cases
Constitutional Issue or Question
Petitioner/ Appellant's Arguments v.
Supreme Court's Decision or Ruling
Respondent/ Appellee's Arguments
Ashcroft v. Free Speech Coalition
Brown v. Board of Education of Topeka
D.C. v. Heller
Dennis v. United States
Dred Scott v. Sandford
Engblom v. Carey
Escobedo v. Illinois
Furman v. Georgia
Gideon v Wainwright
Goss v. Lopez
Gregg v. Georgia
Griswold v. Connecticut
Guiles v. Marineau
Hazelwood v. Kuhlmeier
Hudson v. Michigan
Ingram v. Wright
Lemon v. Kurtzman
Loving v. Virginia
Mapp v. Ohio
Miranda v. Arizona
New Jersey v. T.L.O.
New York Times v. United States
Olmstead v. United States Government
Plessy v. Ferguson
Powell v. Alabama
Roe v. Wade
Roth v. United States
Schenck v. United States
Texas v. Johnson
Tinker v. Des Moines School District
United States v. Leon
United States v. Miller
Wisconsin v. Yoder
3.3 Section Objective: To understand the
processes of constitutional change and
development by informal amendment.
• Identify how basic legislation has changed the
Constitution over time.
• Explain the powers of the executive branch and
the courts to amend the Constitution.
• Analyze the role of party practices and custom in
shaping the Federal Government.
Vocabulary
• Informal Amendment
• Executive Agreement
• Treaty
• Electoral College
• Cabinet
• Senatorial Courtesy
Concepts
• What are the five ways to
informally amend the
Constitution?
• How does informal amendment
differ from formal amendment?
• What role does the Cabinet
play in government?
III. Informal Amendment
A. Informal amendment: the process, which over time has
made many changes to the Constitution, which have
not involved any changes in its written words.
1. Basic Legislation
a) Congress passed laws that spell out several of
the Constitution’s brief provisions.
(1) Federal Courts
(a) Appellate Courts
(2) Executive branch departments, agencies,
and offices.
b) Exercises its powers
(1) Regulate foreign commerce
2. Executive Action
a) Congress declares war, but the President is Commander
in Chief of the nation’s armed forces
(1) President has used the armed forces without
Congressional approval
(a) Vietnam, Gulf War, Somalia, Haiti
b) Executive agreement- a pact made by the President
directly with the head of a foreign state
(1) They are as legally binding as treaties
c) Treaty- a formal agreement between two or more
sovereign states
3. Court Decisions
a) The US Supreme Court interprets and applies the
Constitution
(1) Civil Rights
4. Party Practices
a) The Constitution does not mention political parties, yet from the
1830’s and on, major parties have held national conventions
(1) The President makes appointments to offices
(2) Electoral College- the group that makes the formal selection of
the nation’s President
(3) The Congress is organized and conducts their business
5. Custom
a) Many customs have developed in our governmental system.
(1) The head of the 14 executive departments make up the
Cabinet
(a) Cabinet: an advisory body to the President traditionally
made up of the heads of the executive departments and
other officers
b) No third tradition
(1) Washington (1789-1797)
(2) Roosevelt (1933, 1937, 1941, 1945)
(a) Formal Amendment- 22 Amend
(b) A person shall be elected to the office of the President no
more than twice