Social Studies SurveyPages 120-129

The Constitution Handbook

Essential QuestionWhy has the Constitution been able to endure for over 220 years when many other Constitutions around the world have been changed, altered, or abolished (some several times over)?

I CAN:1. List and Define the 6 major

principles of the Constitution2. Analyze the 3 major branches

established by the Constitution and Describe their significance within our government

3. Evaluate the rights and duties of American citizens as defined in the Constitution

Structure US Constitution is simple and

brief (7,000 words) Does not spell out every word but

leaves it for future generations to interpret

Divided into three parts1. Preamble2. Articles (7)3. Amendments (27)

Major Principles These 6 principles help to

influence the character of American Government

1. Popular Sovereignty2. Judicial Review3. Limited Government4. Federalism5. Separation of Powers6. Checks and Balances

Popular Sovereignty

Rule by the PeopleAuthority for government flows from the people and consent of the governed

Limited Government

Constitution limits the actions of government by specifically listing powers it does and does not have

FederalismPower divided between

states and national government

Represented a middle ground-forge a union but limit central government

National government has the power to act for country as a whole, states have power over many local matters

Separation of Powers

Each branch has its own responsibilities to help one branch from taking over

James Madison Separation of Powers

“But the great security against a gradual concentration of the several powers in the same department consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others….Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place….If men were angels no government would be necessary. If angels were to govern men, neither external or internal controls on government would be necessary. In framing a government, which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed: and in the next place, oblige to control itself.”

Checks and BalancesEach branch of government exercises some control over the others

A check is a control one branch has over another’s functions creating a balance of power

Judicial ReviewPower of courts to

declare laws and actions of local, state, or national govt invalid

Acts against the Constitution must be illegal

Marbury vs Madison established the judicial review precedent

Supreme court decision may only be changed by Amendment or supreme court changes its views

Enumerated, Reserved, and Concurrent Powers

Amendment Process

The Legislative BranchArticle 1 of the ConstitutionMakes the Laws

How a Bill Becomes a Law

How a Bill Becomes a Law Videohttp://www.youtube.com/watch?

v=FFroMQlKiagSchool House Rock (3:20 min)

The Executive Branch

Article 2 of the ConstitutionEnforces the Laws

1) Chief Executive

Enforces laws passed by Congress

Grant Reprieves Grant PardonsGrant Amnesty

4 Tools of Chief Executive

1.Executive orders2.Appointments (Must have Senate Approval)

3.Remove officials they have appointed

4.Impoundment of funds

President Truman President Truman desegregated Army in 1948desegregated Army in 1948

http://www.youtube.com/watch?v=vYVa1vYbPPo

2) Chief Diplomat

Directs Foreign PolicyNegotiates Treaties and Executive Agreements

Appoints AmbassadorsRecognizes Foreign Governments

3) Commander in Chief

Civilian authorityAsks for Declaration of War

Troops/serious disorder in nation

4) Chief (Head) of State

Represents the nationPerforms many ceremonial duties

Symbol of US and its people

Chief (Head) of State Videoshttp://www.youtube.com/watch?v=6-

ftnSTu-CM

5) Chief Legislator

Outline and Propose legislation (State of Union Address)

Calls Congress to Special Sessions

Veto

Signing Obamacare into Law

Reagan gives SOTU Address

CabinetGeneral term for the advisers around any head of state

15 secretaries, Vice-President, and other top officials

More than advisers; also administrators of bureaucracies

Executive Office of the PresidentEOP- created by FDR

in 1939Individuals and

agencies that directly assist the president

Provide specialized advice and information, help implement decisions and gain more control over executive branch

Executive Office Agencies

The Judicial Branch

Article 3 of the ConstitutionInterprets the Laws

US Supreme Court

9 JusticesD.C.

Original and appellateFewest cases 80-150/year

US Court of Appeals12 Courts (3 judge panel)

Appellate

US District Court94 Courts (judge and 2 types of juries:

1. grand - indicts 2. petit - determines guilty or innocence)

Original Most cases

U.S. Supreme Court 2011-2012Nine Justices (1869): Eight Associate Justices led

by a Chief Justice of the Supreme Court.

Judicial ReviewPower of courts to

declare laws and actions of local, state, or national govt invalid

Acts against the Constitution must be illegal

Marbury vs Madison established the judicial review precedent

Supreme court decision may only be changed by Amendment or supreme court changes its views