The Constitution of the United States of America

"The American Constitution is, so far asIcan see, the most wonderful work ever

struck off at a given time bythe brain and purpose of man."

William Gladstone

Enlightenment & American Gov’t Locke (1632-1704)

A gov’t’s power comes from the consent of the people

all people are born free & equal, with natural rights to life, liberty, and property

Declaration of Independence: The people have the right to abolish an oppressive gov’t and est. a new oneAll men are endowed with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.

Voltaire (1694-1778)

Free speech Bill of Rights: Provides protection for freedom of speech, religion, etc.

Montesquieu(1689 – 1755)

Separation of powers Constitution: Provides the framework for a federal system of gov’t; powers are divided among the exec, leg, and jud branches of gov’t; includes a system of checks and balances

Rousseau(1712 – 1778)

Direct democracy Constitution: provides the framework for a democratic system of government

4 Main Principles of the US Const.

1. Popular Sovereignty2. Limited Government3. Federalism 4. Separation of powers

The Preamble:

• We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.

•

Video Break

• http://www.youtube.com/watch?v=yHp7sMqPL0g

Article One: The Legislature A BicameralBicameral Congress

The House of Representatives and the Senate

Constitutional Convention Legislative Branch Plans

The Virginia Plan

• Three branches of

government

• Bicameral legislature

• Proportional (population)

representation

• “National Executive” and

“National Judiciary”

The New Jersey Plan

• Unicameral Congress

• Equal representation for

States of different sizes

• Executive committee

The Great Compromise

House of Representatives

• Proportional representation

Senate

• Equal representation

** passed by a single vote **

• 3/5th Compromise

*Basically, this is the Virginia Plan but added the Senate from the New Jersey Plan…

Powers of the Legislative Branch

• Makes laws• Collect taxes • Appropriates money • Regulates immigration• Est. post offices & roads• Regulates interstate commerce (trade)• Declares war

Powers of the Legislative

• Expressed Powers• Powers written in the Const.

• Implied Powers • NOT written in the Const. but

still exist. • Come from the ability of

Congress to make any law that they deem “Necessary and Proper” (Elastic Clause) to help fill in details that were not addressed by the express powers in the Const.

Congress has the expressed power to declare war, according to the Constitution. You need a army. Therefore, Congress has the implied power of drafting an army.

Sept 11th…

Profile of the 114th Congress

Article II: The Executive Branch The President and the Federal Agencies

Powers of the Executive Branch

• Enforces / carries out laws • Approves laws from Congress• Commander in Chief of armed forces• Appoints federal judges, ambassadors,

and “high officials” • Negotiates foreign treaties

Article III: Judicial Branch

The Roberts Court, Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

Powers of the Judicial Branch

• Interpret the laws • Preserve and protect the rights

guaranteed by the Const. • Reviews court cases to do the above • Declares laws of Congress and acts of

the POTUS unconstitutional (judicial review)

Video Break

• http://www.youtube.com/watch?v=tEPd98CbbMk

Article IV: State & Federal Power

Federal SystemA federal government is one in which the powers of government are divided between a central government and several local governments.Yet some powers are shared between the two as well.

Write this on your notes!!!

•Reserved powers – saved for the states

•Concurrent powers – shared b/w states and national

Article V: Amending clause

1. Congress OR Conventions of States may propose a new amendment

2. Ratified by states OR ratified by conventions held of States

Ratification clause…would you ratify the Constitution?

• Federalists vs. Antifederalists Debate

• The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

• 9 out of 13 states must ratified (approve) the Constitution for it to be official

A. Feared a strong central govt

B. Thought the Const. was enough to protect citizens’ rights

C. Agreed to the BoR as a compromise

D. Worried a list of rights might be seen as the ONLY rights people had

E. Thought the Const. needed a list of protected rights

F. Opposed the Const. as-is.

G. Believed citizens had rights that should be protected

H. Wanted the Const. to be approved as-is

I. Believed in American independence & freedom

Article VIII: Amendments (Bill of Rights + other amendments (27 total)

1. Freedom of Speech, Religion, Press, Assembly & Petition 2. Right to Bear Arms3. Prohibits Quartering of Soldiers4. Protection against unreasonable Search and Seizure5. Protects against the taking of life, liberty, or property without due

process of law; protection against self-incrimination 6. Right to a defense lawyer, a Speedy Trial, right to hear charges, call

witnesses, and be present when witnesses speak in court 7. Right to Trial by Jury8. Protection against excessive bail & Cruel & Unusual Punishment 9. The rights expressed in the Const. are not a person’s only rights 10. Powers not given to the US are reserved for the states or people.

*** ONLY added to the Constitution as a deal to get the Antifederalists to ratify the document ***

# Date Purposed

11 1795 Removed cases in which a state was sued without its consent from the jurisdiction of the federal courts.

12 1804 Required presidential candidates to run on a “ticket” with their vice presidents.

13 1865 Abolished slavery

14 1868 Granted citizenship to all persons born or naturalized in the US; banned states from denying any person life, liberty, or property without due process of law; and banned states from denying any person equal protection under the law.

15 1870 Extended voting rights to African American males by outlawing denial of the right to vote on the basis of race, color, or previous condition of servitude.

16 1913 Empowered Congress to levy an income tax.

17 1913 Provided for the election of US Senators by direct popular vote instead of by the state legislatures.

18 1919 Authorized Congress to prohibit the manufacture, sale, and transportation of liquor.

19 1920 Extended the right to vote to women

20 1933 Shortened the time between a presidential election and inauguration by designating January 20 as Inauguration Day; set January 3 as the date for the opening of a new Congress. (Lame Duck Amendment)

21 1933 Repealed the 18th amendment and empowered Congress to regulate the liquor industry.

22 1951 Limited presidents to two full terms in office.

23 1961 Granted voters in the District of Columbia the right to vote for president and vice president.

24 1964 Forbade requiring the payment of a poll tax to vote in a federal election.

25 1967 Provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of vice president

26 1971 Extended the right to vote to 18-years-old.

27 1992 Banned Congress from increasing its members'’ salaries until after the next election.

Why is the government so slow sometimes?

• Bureaucracy – non elected officials within a government that implement the rules, laws, ideas, and functions of the institution (govt administration) “Red Tape”