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Standard 3 The Cons/tu/on
Standard 3 The Cons/tu/on
The Preamble…know it!
• We the people of the United States, in order to form a more perfect union, establish jus/ce, ensure domes/c tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty due ourselves and our posterity do ordain and establish this Cons/tu/on for the United States of America.
Structure of the Cons/tu/on • Preamble-‐ We the people… • 7 Ar/cles -‐ creates branches of government -‐ defines federalism -‐ amendment process -‐ supremacy clause
• 27 amendments-‐ changes to the Cons/tu/on
Ar/cle I (CDV Representa/ve Government)
• Ar/cle I-‐ Created the Legisla/ve Branch
• Legisla/ve branch is the House of Representa/ves and the Senate. Together they are called the Congress.
Ar/cle II (CDV Civilian Control of the Military) • Ar/cle II-‐ Creates the Execu/ve Branch.
• The execu/ve branch has the president as its head.
• Its staff, military personal, and workers (bureaucracy) have over 4 million people.
Ar/cle III (CDV Jus/ce)
• Ar/cle III-‐ Judicial Branch • The Judicial Branch contains the Supreme Court. It has 8 jus/ces and 1 chief jus/ce. (9 total)
• It rules laws cons/tu/onal or uncons/tu/onal
Powers of the Branches • Legisla/ve Branch can… -‐ Lay and collect taxes -‐ Borrow money -‐ Declare war -‐ Raise and support an army -‐ Coin money -‐ Establish post offices -‐ Elas/c Clause or “Necessary and Proper Clause
• Execu/ve Branch -‐ President is commander and chief of the armed forces.
-‐ Appoints top officials (judges and departments)
-‐ Makes trea/es -‐ Appoints ambassadors -‐ Makes a state of the Union address
-‐ Can pardon people
• Judicial Branch -‐interpret the law -‐ determine the cons/tu/onality of the law
-‐ Apply the law to individual cases.
Amendments to the Cons/tu/on
• Amendments are changes to the Cons/tu/on
• First 10 are called the Bill of Rights.
• Needed to ra/fy, or approve the Cons/tu/on
The 1st amendment
• Freedom of Speech • Freedom of Press • Freedom of Religion • Freedom of Pe//on • Freedom of Assembly
Amendments 2-‐10 Short Version 2nd-‐ Right to bear arms 3rd-‐ Soldiers cannot be forced to live in your home 4th-‐ No illegal search and seizure. Need a warrant 5th-‐ No double jeopardy. Plead the 5th. 6th-‐ Speedy trial. Aforney. Know opposing witnesses 7th-‐ Right to trial by jury. 8th-‐ No cruel and unusual punishment or excessive bail 9th-‐ Just cuz its not in the Cons/tu/on doesn’t mean you don’t have a right. 10th-‐ Powers not in the Cons/tu/on are given to the states.
Amendment Categories
• Bill of Rights-‐ 1st 10 amendments • Vo/ng amendments 12th-‐ Electoral College 15th-‐ Vote Regardless of race 17th-‐ Direct elec/on of Senators by the people 19th-‐ Women can vote 23rd-‐ People in D.C. can vote for President 24th-‐ No Poll taxes 26th-‐ 18 year olds can vote
Amendment Categories con/nued…
• States rights -‐ 9th other rights -‐ 10th-‐ powers given to the states -‐ 11th-‐ limits power of federal courts over states • Reconstruc/on Amendments -‐ 13th-‐ Slavery abolished -‐ 14th-‐ The rights of ci/zens born in this country -‐ 15th-‐ Men can vote regardless of race
Amendment categories con/nued…
• Government structure amendments-‐ -‐ 20th-‐ Shortened /me between elec/on and inaugura/on of the president -‐ 22nd-‐ Presidents can serve two full terms or 10 total years. -‐ 25th-‐ How to fill the vice-‐presidency if the president dies in office -‐ 27th-‐ Congress salaries can’t increase un/l aier the next elec/on.
Judicial Review
• Marbury v. Madison case • Chief Jus/ce John Marshall ruled on the case and then said that the Supreme Court can rule laws of the na/on cons/tu/onal or uncons/tu/onal.
Checks and Balances How one branch limits power of
another • Legisla/ve branch-‐ -‐ impeach the president -‐ override a veto with a 2/3 vote -‐ declare war -‐ Senate approves trea/es and judges
More Checks and Balances
• Execu/ve Branch-‐ -‐President appoints judges to the Supreme Court -‐ President can veto bills passed by Congress -‐ President can enforce court orders
More checks and balances…
• Judicial Branch-‐ -‐ Can declare laws uncons/tu/onal
-‐ Can declare acts of Congress or the president uncons/tu/onal
