The Constitution Chapter 3

Focus

Captain Kirk – Importance of the Constitution

Agenda Constitutional Convention

o Weaknesses of Articles of Confederation o Compromises

5 Basic Principles of Constitution

Structure of the Constitutiono 3 Parts

Constitutional Convention

1787 – Constitutional Convention

Philadelphia

“Change” or “Revise” Articles of Confederation

Constitutional Convention

Weakness of Articles of Confederation o No power to taxo States used different

currencies o No national courto No power to raise

army/navyo Interstate

commerce could not be regulated

o No Executive or President

Constitutional Convention

Different ideas led to many compromises….o The Great Compromise o Three-fifths (3/5) Compromise

Constitutional Convention

The Great Compromise o Virginia Plan –

James Madison• Number of

representatives should be based on population

• Favored large states

o New Jersey Plan – William Paterson• Each state should be

given the same number of representatives

• Favored small states

Constitutional Convention

Compromise o Bi-cameral

legislature – 2 Houses

o Lower House or House of Representatives – representatives based on population

o Upper House or Senate – 2 representatives per state

Constitutional Convention

Three-fifths Compromise – James WIlsono Slaveholding states wanted to include

slaves in their population to have more representatives

o Non slaveholding states thought that this was unfair

Constitutional Convention

Compromise o Population based

on total number of free people plus three-fifths of the number of slaves

o Slaves would also count as three-fifths when determining taxes

Basic Principles of the Constitution

Founders based the Constitution on 5 basic principles o Popular Sovereigntyo Limited Governmento Federalismo Separation of Powerso Checks and Balances

Basic Principles of the Constitution

1. Popular Sovereignty o People spell out the

rules by which they allow governing to happen

o Consent of the

Governed

o People are in charge

Basic Principles of the Constitution

2. Limited Government o Government has

specific restrictions on its power

o Keep government from becoming too powerful

Basic Principles of the Constitution

3. Federalism o System of shared power between Federal and

State governments

o States keep certain powers, but give up some power to the Federal government

o 3 Types of Powers• Delegated Powers• Reserved Powers• Concurrent Powers

Basic Principles of the Constitution

Delegated Powerso Powers given to the

Federal government

o Examples• Regulate trade• Raise army• Declare war and make

treaties• Print money• Grant patents and

copyrights

Basic Principles of the Constitution

Reserved Powerso Powers granted to the

State government

o Examples• Regulate trade

within state• Establish public

schools• Pass marriage and

divorce laws• Set up local

governments• Conduct elections

Basic Principles of the Constitution

Concurrent Powerso Powers shared

between the Federal and State governments

o Examples• Collect taxes• Borrow money• Make and enforce laws• Establish courts• Provide public welfare

Basic Principles of the Constitution

Basic Principles of the Constitution

4. Separation of Powerso Distribution of power

of different branches of government

o 3 Branches • Legislative • Executive • Judicial

Basic Principles of the Constitution

Three Ring Circus

Basic Principles of the Constitution

United States Government = Orange

Basic Principles of the Constitution

Legislative Brancho Article I

o Congress makes the laws

o House of Representatives• Led by Speaker of the

House

o Senate• Led by the Majority

Leader

Basic Principles of the Constitution

Executive Brancho Article IIo Enforces lawso Led by the Presidento Also includes the

Cabinet and 15 Departments• Examples

• Department of Defense

• Department of Homeland Security

• Department of the Treasury

Basic Principles of the Constitution

Judicial Brancho Article IIIo Interprets lawso Headed by the

Supreme Court • Chief Justice John

Roberts Jr

Basic Principles of the Constitution

United States Government = Orange

United States

Government

Legislative

Branch

Executive BranchJudicial

Branch

Basic Principles of the Constitution

5. Checks and Balanceso Power is balanced between branches of

government so that each branch can check (or limit) the power of the other branches

o President can check Congress • Veto – reject proposed laws

o President can check Judicial Brach• Appoint federal judges

Basic Principles of the Constitution

More Checks and Balances o Congress can check President

• Override the veto

o Congress can check Judicial Branch • Must approve federal judges

o Judicial Branch • Judicial Review – Marbury v Madison

• Courts review the acts of other branches of government and decide if they acted correctly

• Can declare laws unconstitutional

Basic Principles of the Constitution

Structure of the Constitution

3 Parts to the Constitution o Preambleo Articleso Amendments

Structure of the Constitution

1. Preamble o States 6 goals of the

United States government• Form a more perfect

union• Establish justice • Insure domestic

tranquility – peace• Provide for the common

defense • Promote the general

welfare• Secure the blessings of

liberty

Structure of the Constitution

Barney Fife and the Preamble

Structure of the Constitution

2. Articles o Describes how the government is

organized and works o 7 Articles

Structure of the Constitution

Article I – Legislative Brancho House of Representatives/Senateo Elections and meetingso Rules of procedureo How laws are madeo Powers granted to Congress• Taxation• Regulate commerce• Declare War• Raise Army/Navy

Structure of the Constitution

Article II – Executive Brancho a. Office of the

President and Vice President

o b. Powers granted to the President• Commander in Chief of

armed forces• Make treaties• Appoint ambassadors and

public ministers

Structure of the Constituion

c. Duties of the Presidento State of the Uniono Receive ambassadorso Laws are faithfully

executed

d. Removal from office

Structure of the Constitution

Article III – Judicial Brancho Federal Courtso Powers of Federal Courts

• Extend to all cases • Laws and Treaties

Article IV – Relations Among Stateso Rights of Citizenso State Acts and Recordso New States

Structure of the Constitution

Article V – Amending the Constitution

Article VI – Debts, Federal Supremacy, and Oaths of Office

Article VII – Ratification of the Constitution

Structure of the Constitution

3. Amendments o Formal change or addition to the Constitution

o Amendment Process• Proposing an Amendment – 2 different ways

• Two-thirds of the members of both houses of Congress must vote to propose amendment

• Two-thirds of the state legislatures must vote to ask Congress to hold a special convention

Structure of the Constitution

Ratifying an Amendment - 2 different ways states can ratify o Three-fourths of the state

legislatures must voteo Conventions in three-

fourths of the states must vote

If the people do not like the effects of an amendment, another amendment can be passed to repeal, or cancel it.

Structure of the Constitution

Review

Friend or Foe!!