Transcript Chapter 3 The Constitution

Chapter 3
The Constitution
Sections 1 and 2
The Constitution and
the Three Branches of
Government
The U.S. Constitution
 Outlines the U.S. government
 Establishes the ruling principles of that government
 Contains only 7,000 words
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Parts of the U.S. Constitution
Section
Purpose
Preamble
Introduces reasons for creating the document
Article I
Outlines the legislative branch
Article II
Outlines the executive branch
Article III
Outlines the judicial branch
Article IV
Discusses relations between the states and
between the states and the national government
Article V
Describes how to amend the Constitution
Article VI
Declares the Constitution to be the supreme law
of the land
Article VII
Lists requirements for ratifying the Constitution
27 amendments Modify the Constitution
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Basic Principles of the U.S.
Constitution
 Limited government
 Popular sovereignty
 Federalism
 Separation of powers
 Checks and balances
These principles resulted from agreements and debates of
the Constitutional Convention, 1787.
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Your Turn
“But when a long train of abuses and usurpations, pursuing
invariably the same Object evinces a design to reduce them
[the people] under absolute Despotism, it is their right, it is
their duty, to throw off such Government.”
(Declaration of Independence, 1776)
The above quotation reflects causes that resulted in which of
the following principles of government?
a. Judicial review
b. Federalism
c. Separation of powers
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d. Limited government
e. Checks and balances
The Three Branches of
Government
 Legislative branch
• Makes laws
 Executive branch
• Executes, or carries out, laws
 Judicial branch
• Interprets laws and judges
whether they have
been broken
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The Legislative Branch
 Article I of the Constitution
outlines the legislative branch.
 The founders considered this
the most important branch.
 James Madison recommended a republic, or
representative, government.
 In a republic, laws are made by a body of government
called the legislature, not by the people themselves.
 Our legislature is bicameral, meaning that it has two
chambers.
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Powers of the U.S. Congress
Congress has the power to “make all Laws which shall
be necessary and proper for carrying into Execution
the… Powers vested by this Constitution”
(U.S. Constitution, Article I, Section 8; also called the
elastic clause ).
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Powers of the U.S. Congress
Well-Known Powers of Congress
Article 1, Section 8
 Collect taxes
 Regulate commerce
 Coin and regulate money
 Establish post offices and roads
 Declare war
 Raise and manage armed services
 Make laws
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The Two Chambers of
Congress
House of Representatives
Senate
Membership represents population
Membership consists of two senators
from each state
Members are elected
Until 1917, members were appointed
by state legislatures
Requirements: 25+ years old, citizen
for 7 years
Requirements: 30+ years old, citizen
for 9 years
Term: 2 years
Term: 6 years
Members are in touch with home
districts
Members are older, more established
Actions reflect changing public
opinion
Actions reflect stable points of view
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Your Turn
Unicameral = One-house legislature
(Examples: governments of Denmark, Spain, Israel,
Syria, and Malta)
What are the benefits and costs of having a unicameral
versus a bicameral legislature?
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The Executive Branch
The U.S. president
 Suggests, encourages, and vetoes legislation
 Is chosen by delegates of an electoral college
 Holds a maximum of two 4-year terms
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Executive Branch: Fears of
the Founders
Constitutional Convention debate focused on three issues:
 Executive as one person versus multiple people
 Executive’s ability to seek reelection as many times as
desired
 Direct election by the people versus indirect appointment
by a legislature
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The Executive Branch
Article II of the Constitution describes the executive branch:
 Section 1: Qualifications of Office: Must be a naturalborn citizen, a resident for 14 years, and 35+ years of age
 Section 2: Powers of Chief Executive: Serves as
commander-in-chief, can grant pardons and make
treaties, and can appoint other U.S. officials
 Section 3: State of the Union Address: Can call a
special session and execute laws
 Section 4: Impeachment: Can be charged with “treason,
bribery, or other high crimes or misdemeanors”
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Your Turn
Possible Alternative to the Presidential System:
A Parliamentary System
In a parliamentary system:
The leader is a member of the legislature, chosen by the other
legislators.
The legislative and executive branches are merged.
How is this system different from the presidential system in
the United States?
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The Judicial Branch
The judicial branch
 Interprets laws through a court system
 Establishes how laws are understood, thereby “making”
laws
 Is protected from politics
 The founders considered
the judicial branch the
weakest branch.
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The Constitution and the
Judicial Branch
 The Constitution gives Congress the power to establish
the lower courts:
“The judicial power of the United States, shall be
vested in one supreme court, and in such inferior
courts as the Congress may from time to time ordain
and establish.”
(U.S. Constitution, Article III)
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The Constitution and the
Judicial Branch
 The Supreme Court has two types of jurisdiction:
• Original jurisdiction: Authority to hear cases directly
without a hearing in a lower court
• Appellate jurisdiction: Authority to revise another
court’s decision
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Judicial Review Power
 The Supreme Court may
declare an act of Congress or
an order of the executive branch
unconstitutional.
 In 1803, Marbury v. Madison
gave a gigantic grant of power
to the courts.
Chief Justice John Marshall
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Your Turn
Possible Alternative to Judicial Review:
Legislative Supremacy
One alternative to judicial review is to allow Congress’s laws
to stand unchallenged.
How might allowing Congress’s laws to stand
unchallenged change the power dynamic between the
judicial and legislative branches?
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