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.

• 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.

The Preamble

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• “lower house”• Citizens for seven years• 25 years old• 2-year term

– 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.

Senate• “upper house”• Citizens for nine years• 30 years old• 6-year term

– Intended to produce members who will produce more thoughtful decisions that focus on the long-run.

• Equal representation.– 2 senators

• 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=xxSvi6JCCfk

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• 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.