Transcript The Constitution Cont. - Duplin County Schools

The Constitution Cont.
Unit 3
The Constitution has been created.
Now what?
• The delegates left Independence Hall carrying
a copy of the Constitution.
• #1 Task
– Convince their states to approve the document.
How is the constitution organized?
• Like your notebooks, the Constitution was
organized into different parts. This made it
easy for the average American to read and
understand.
• After a short introduction, the Preamble,
framers divided the Constitution into parts
called articles.
• Each article was split into numbered sections
that present topics in a careful order.
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested
in a Congress of the United States, which shall
consist of a Senate and House of Representatives.
Section. 2.
The House of Representatives shall be composed of
Members chosen every second Year by the People
of the several States, and the Electors in each State
shall have the Qualifications requisite for Electors of
the most numerous Branch of the State Legislature.
The Preamble
• An introduction that explains the reasons for
the new government and lists the goals.
We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defence, promote the general Welfare,
and secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish this
Constitution for the United States of America.
We the People…
• This announced that the Constitution based
its authority on the people themselves.
• Power to form the government did not come
from the states or existing government.
• Power to form the government did not come
from a sovereign (ruler) appointed by God.
• The power to form the government came
from ordinary people. This is known as
popular sovereignty.
a “living document”
• The Constitution is special because it provides a
strong framework for the government with
flexibility.
• Details can be added to the basic framework and
delegates even included procedures for changing
the Constitution.
• Like a plant or animal, the constitution keeps its
basic nature, yet it also changes with the times.
• Over 200 years later, a vastly different United
States is still governed by this document.
Three Branches of Government
The Legislative Branch Makes the Laws
• The law making part of the government, called
the legislature.
• To legislate is to make a law.
• The Constitution creates a bicameral (two part
or two house) national legislature, called
Congress.
Congress
House of Representatives
Senate
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“lower house”
Citizens for seven years
25 years old
2-year term
– Intended to produce members who
will produce more thoughtful
decisions that focus on the long-run.
– More responsive to the changing
wishes of the voters.
• Representation based on
population.
– States with more people have
more representation.
– The number of representatives is
determined by holding a census
(count of the population) every ten
years.
“upper house”
Citizens for nine years
30 years old
6-year term
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Equal representation.
– 2 senators
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Originally state legislatures chose
two senators to represent their
state. Today, senators are elected
by popular vote (direct vote by the
people).
• The primary job of the Congress is to make
laws.
• Any member of the House or Senate can
submit a proposal for a new law, called a bill.
• Only the House can propose new taxes.
• If a majority in one house votes in favor of the
bill, it is sent to the other house for debate.
• If both houses approve the bill, it goes to the
president. The bill becomes a law if the president
signs it. The President can also veto (reject) the
bill.
• Congress can override this veto, but to do so
requires a two-thirds (2/3) majority in both
houses.
• http://www.youtube.com/watch?v=FFroMQlKiag
The Executive Branch Carries Out the
Laws
• The head of the Executive Branch is the president
(Chief Executive).
• Delegates were not ready to let the people elect
the president directly. Instead, the president
would be selected by a group of “electors.” Each
state would have the same number of electors as
it had representatives and senators. To win the
presidency, a candidate needs a majority of the
“electoral vote.”
The President (Chief Executive)
• Serves a four-year term and may run for
reelection.
• The new president makes a solemn promise
called the oath of office. In this, the president
promises to “defend the Constitution.”
• The president is the Commander in Chief of
the nation’s military forces.
So what can the President do?
• With the consent of the Senate, he or she can
make treaties, or formal agreements with
other nations.
• The president nominates, or recommends,
ambassadors (official representatives to other
countries) and Supreme Court justices
(judges).
• The president can grant pardons to people
convicted of violating federal (national) laws.
Executive Departments
• The executive branch is made up of different
departments. These departments help to
carry out its duties.
• The heads of each department are members
of the president’s cabinet, a formal group of
advisors.
• http://www.youtube.com/watch?v=xxSvi6JCCf
k
Removing the President
• The Constitution gives Congress the power to remove a
president or other officials from office if they commit
certain crimes related to their duties.
• The House of Representatives
– Can vote to impeach the president. Impeach means to
formally accuse the president of crimes specified in the
Constitution. Bribery is an example.
– If the House votes to impeach, the Senate puts the
president on trial.
• The Senate
– Senators will act as the jury. If the jury finds the president
guilty, then the president is removed from office.
The Judicial Branch Interprets the Law
• The Judicial Branch consists of the system of
federal courts and judges.
• The Federal Court System:
The Supreme Court
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The Country’s highest court. Decisions made here are final, and they are binding
in all lower courts.
Congress has set the size of the Supreme Court to nine members. These members
are called justices.
Justices usually serve on the Court for life.
A dispute goes directly to the Supreme Court only if it involves a state or an
ambassador from another country. Any other case comes to the Supreme Court
after a trial and an appeal in lower courts.
The Supreme Court only reviews a case if the justices think that the decision made
by a lower court might conflict with the Constitution or a federal law.
Decisions made in the Supreme Court guide later decisions in lower courts.
Courts all over the country rely on the Supreme Court for guidance about what is
constitutional.
The Constitution is the “supreme Law of the Land.” Judicial review is what
protects this.
Checks and Balances between the
Branches
• Framers developed a system that would
enable each branch of the government to limit
the power of the other branches. This system
is called checks and balances.
Checks
• Checks allow one branch to block the actions
of another branch.
– Ex. Congress has the power to pass laws, but the
president can check this power by vetoing a bill
before it becomes law. In turn, Congress can
check the president’s power by overriding the
veto. The judicial branch can check the actions of
the other two branches. Through the power of
judicial review, the Supreme Court can declare
that a law, a treaty, or an executive action is
unconstitutional.
Balances
• Balances allow each branch of the
government to have some role in the actions
and power of the other branches.
– Ex. Judges are appointed to the Supreme Court
only if the president nominates them and the
Senate approves the nomination.
• These checks and balances keep any one
branch of the federal government from being
too strong. This balance of power is one of
the most important features of the American
system of government.
Amending the Constitution
• Article V describes how changes, called amendments, can
be made to the Constitution.
• There are so far only 27 amendments to the Constitution.
• The first 10 amendments were added almost immediately
after the Constitution was ratified (approved by the states).
These amendments were demanded by many Americans in
exchange for their support for the Constitution.
– These 10 Amendments became known as “The Bill of Rights.”
– The Bill of Rights guarantee specific rights to citizens.
• The other 17 amendments became part of the Constitution
one at a time.
– Ex. The 13th Amendment made slavery illegal.
State vs. National Government
Powers belonging to the States
• Powers not given to the
national government by the
Constitution are retained by
the states.
• A state’s constitution, laws,
and judicial decisions must
agree with the Constitution.
They must not conflict with
any other federal laws or
treaties.
Powers belonging to the
National Government
• Power to print and coin
money.
• Power to control relations
with foreign nations.
Shared Powers
• Both can raise
taxes, build roads,
and borrow money.
• Federalism is the
sharing of power.