ࡱ> NPM7 +bjbjUU &H7|7|'l\I+2nnnnnnnn*******${, .*nnnnn*nn+n:nn*n* r)T*nb !%3b<**+0I+**9/9/*XP@Chapter 3---The Constitution Structure and Principles Constitution 3 Parts Preamble---explains why it was written & the purposes of governmentWe the People 7 Articles Article I Legislative BranchMakes the laws Section 1 creates the U. S. Congress Section 2 & 3 sets forth details about the House of Representatives & the Senate, explains how to make laws, list the types of laws Congress may pass, & names powers that Congress does not have Article IIExecutive BranchCarries out the laws (enforces) --details the powers & duties of the president --describes qualifications for the office & procedures for electing the president ---provides for a vice president Article III---Judicial BranchInterprets the laws Establishes a Supreme Court National government the power to create lower federal courts outlines the jurisdiction of the Supreme Court & other federal courts to rule on cases defines treason against the United states Article IV---Explains the relationship of the states to one another & to the national government requires states to citizens of other states the same rights as its own citizens addresses admitting new states guarantees that the national government will protect the states against invasion or domestic violence Article Vexplains the ways to Amend the Constitution Article VISupremacy Clause 1. Constitution, laws passed by Congress, & treaties of the United States are the Highest law of the land Article VII---Ratification of the Constitution The Amendments---27 Amendments 6 Major Principles of the Constitution Popular SovereigntyGovernment authority comes from the people Federalism---Power is divided between the national & state governments. Separation of PowersPower divided between the 3 Branches Checks and BalancesEach branch of government exercises some control over the other branches President can veto a law passed by Congress Congress can override the veto by a 2/3rds vote in each house of Congress Supreme Court decides if the laws are Constitutional President gets to appoint judges to the Supreme Court, but Senate must approve Judicial Review---Power of the courts to declare law & actions of local, state, & national governments invalid if they violate the Constitution Limited GovernmentConstitution limits the actions of government by listing powers it does & does not have. Three Branches of Government The Legislative Branch Expressed PowersPowers directly stated in the Constitution for the Congress Enumerated Powers (Delegated powers)Article 1 Section 8 5 deal with economic matterslevy taxes, borrow money, regulate commerce, coin money, & to punish counterfeiting 7 deal with defense: declare war raise & support armed forces organize the militia Provides for naturalizing citizens & establishing post offices & courts #18Elastic ClauseCongress has the right to make all laws necessary & proper to carry out the other expressed powers Lets Congress stretch its power to meet situations that the Founders could not anticipate McCulloch v. Maryland (1819) The Executive Branch Commander in chief of the armed forces & the state militias appoints executive department heads with Senate approval can pardon people convicted of federal crimes, except in cases of impeachment, or to reduce a persons jail sentence or fine To make treaties, with the advice & consent of the senate To appoint ambassadors, federal judges, & other top officials with Senate approval delivers an annual State of the Union message to Congress & other messages to Congress Call Congress into special session when necessary To meet with heads of state, ambassadors, & other foreign officials To commission all military officers of the United states To ensure that the laws of Congress are faithfully executed The Judicial Branch Dual Court System: Federal CourtsPowers derive from Constitution & federal laws. State Courtspower derived from state constitutions & state laws 2 Factors determine the jurisdiction of federal courts: Subject matter of the case Parties involved in it ***Federal courts try cases that involve federal laws, foreign treaties, international law, bankruptcy cases, & interpretations of the Constitution*** Shared Power & Conflict The President as Legislatorrecommends plan to the members of Congress The President vs. Congress Congress vs. the Courts The Supreme Court vs. the President Worcester v. Georgia (1832) Amending the Constitution The Amendment Process--- 2 Formal Ways to Propose an Amendment: Congress proposes amendment by 2/3rds vote in each house of Congress. ***Only method that has been used to date*** Constitutional Convention called by Congress at the request of 2/3rds of the states. Failed in 1963 by one vote Failed in 1991 by 2 votes (Balanced Budget Amendment) 2 Ways to Ratify an Amendment: 3/4ths of the 50 state legislatures approve it Each state can call a special ratifying convention but still need 3/4th of the states to approve *** Time Limit to ratify is 7 Years*** Informal (Indirect) Ways the Constitution Changes Through Law Ex: Congress has expanded Executive Branch by creating cabinet departments, agencies, boards, & commissions. Ex; Judiciary Act of 1789 Changes Through Practices Ex: Impeachment ProcessCongress decides what is meant by high Crimes & misdemeanors Informal Presidential Changes Presidential Succession 1. 1841---Tyler set precedent of the Vice President becoming President after W. H. Harrison died (196725th Amendment passed) Foreign & Domestic Affairs Modern presidents often conduct foreign affairs by executive agreements instead of the treaty process specified in the Constitution. Executive Agreements do not need Senate approval like a treaty does. 2. Presidents often request legislation from Congress Ex: President Obamas request for Health Care reform Court Decisions 1. Judicial Review most important device used by the Courts** a. Judicial RestraintCourt should avoid controversial decisions on social & political issues. b. Judicial ActivismCourt should help shape national policies --Ex: Warren Court (1960s)Civil Rights & Rights of accused 2. Changing Court Rulings a. Plessy v. Ferguson (1896) overturned by Brown v. Board of Education (1954) Changes Through Custom & Usage Ex; Political Parties are not mentioned in the Constitution, but they have been an important part of American Government Political parties help organize government & conduct elections The Amendments The Bill of Rights (1791)1st 10 Amendments 1. 1st Amendment Freedom to Worship (Freedom of Religion) as they please or to have no religion at all (Separation of Church & State) Freedom of Speech right to criticize government & spread unpopular ideas. Freedom of Press Prior RestraintGovernment cannot censor information before it is published or broadcast ***Libel & Slander is prohibited*** Freedom of AssemblyRight to hold demonstrations, meetings, ets as long as they are peaceful. Freedom to Petition the Governmentsend letters, sign petitions, etc 2nd AmendmentCitizens & nations the right to security (right to bear Arms) 3rd AmendmentProhibits the government from forcing people to provide shelter for soldiers in their homes except under conditions spelled out by law. (Wartime) 4th AmendmentRight to PrivacySearch & Seizure Amendment Search or an arrest must be based on probable cause---Need a search warrant or an arrest warrant 5th AmendmentRights of the Accused No person can be tried unless a grand jury determines enough evidence exists to justify a trial Double JeopardyCannot be tried twice for the same crime if found innocent Pleading the 5thA person cannot be forced to testify against himself/herself Due Process of LawGovernment may not any person of life, liberty, or property without due process of law (Fair treatment & all legal procedures are followed) Eminent domainThe power of the government to take private property for public use 6th Amendment Right to a speedy & public trial by an impartial jury Right to an attorney Right to know charges against them Right to hear & question witnesses Right to compel witnesses to testify in their behalf 7th AmendmentJury in a Civil Suit Must be over $20.00 8th AmendmentNo Cruel & unusual punishment & excessive bail 9th AmendmentPeople retain all rights not spelled out in the Constitution 10th AmendmentStates whatever powers the Constitution does not give to the national government or deny to the states belong to the states or to the people Other Amendments 11th AmendmentProhibits a state from being sued in federal court by citizens of another state or country. 12th AmendmentElectoral College use separate ballots for president & vice-president. 13th AmendmentOutlaws slavery 14th AmendmentProtects the rights of citizenship by preventing states from depriving any person life, liberty, or property without due processBlacks became citizens 15th AmendmentPrevents the government from denying any persons right to vote on the basis of race 16th Amendment---Income Tax Amendment 17th AmendmentPeople elect United State senators, not state legislators 18th AmendmentProhibits the manufacture, sale, or transportation of alcoholic beverages 19th Amendment---Guaranteed women the right to vote 20th Amendment---Set new dates for Congress to begin its term (Jan 3) & for the inaugurations of the president & vice-president (Jan. 20th)----shortened period Lame Ducks were in office 21st AmendmentRepealed the 18th Amendment 22nd AmendmentLimits a president to a maximum of 2 elected terms. 23rd AmendmentAllows citizens living in Washington, D. C. to vote for president & vice-president 24th AmendmentProhibits Poll taxes(Money paid in order to vote) 25th Amendmentestablishes a process for the vice president to take over when a president is disabled 26th Amendmentlowered the voting age to 18 years old 27th AmendmentMakes Congressional pay raises effective during the term following their passage. 6K " V l {i~Y[~IP ! \!^!8":"""l#n#B$D$z$|$$$%%%%%%&&t&v&&&<'>'''''((l(n(((')))\)^)x)z)))))/*1*r*t** 5>*\ 5H*\ *5\5\^6L.5 ]^ 5]^5 ]^` & F] & F] & F] & FW]W & F] & F]+h$ @ # b A m & F] & F] ]^ & F] & F]] ; 8 U V m dyxAz] & F] & F] ]^ & F] & F] & F]z1 Q2stuz{  & F] ]^ & F]] & F] 1MNOisuv & F] ]^ & F] & F]] & F] & F]KMgh4yz & F] & F] ]^ & F] & F]] ]^ & F] ]^T23M89xyz> & F] & F] ]^ & F]] & F],-  Z![!!!*"x"#j#k#y#### ]^ & F] & F]] & F]# $@$A$d$x$y$$%%%%&&q&r&&&9':'''''( ]^ & F] & F]] & F]((i(j(((Y)Z))))),*-*o*p*** ++o+p+q+w+x+y+z+ ]^] ]^**+++5\ 5H*\z+{+|+}+~+++++++++ ]^] $&P1h/ =!"#$% i8@8 NormalCJ_HaJmH sH tH <A@< Default Paragraph Font:>@: Title$]^a$5\'H z z z z z z8 O!}''6L.5h$@#bAm;8 U V m d y x  A z 1 Q2stuz{ 1MNOisuvKMgh4yzT23M89xyz>,-Z[*xjky @ A d x y !!!!""q"r"""9#:#####$$i$j$$$Y%Z%%%%%,&-&o&p&&& ''o'p'q'w'x'y'z'{'|'}'~'''''''''0 0 0 06 06 0 0 0 00000 0 0 0 0 00 0 0 0 00 0 0000 00 060 0 0 0 0 0 0 0 0 0 0 0 00 08  0V  0V  0  0  0d  0d  0d 0 0  0  0  0 0 08  0  0  0  0  0  0  0  0  0  0 0 08 0 0 0000 02 0200 08  0{ 0{ 0{ 0{ 0 00 0 0O00 0i 0 0i 0 000 0 00000 0O0 00000 0000 0O0 000 0 0 000 00 0O0000000 0O00000 0 0z0 0 0 0 000 0 00 00 00 0 00 0 0[ 0[ 0[ 0[ 0[0 0 0k 0k 0k 0k 0k0 0 0A 0 0 0 0 0 0z000000000000000000000000000000000000000000000000000*+" z #(z++ !#+RXilf'm''8A5= hq ! 8 y A I z } -il'5';'o''::::::::::::::::::Craig Griesdorn}C:\Documents and Settings\Craig Griesdorn\Application Data\Microsoft\Word\AutoRecovery save of Chapter 3 Government Notes.asdCraig GriesdornUC:\Documents and Settings\Craig Griesdorn\My Documents\Chapter 3 Government Notes.docCraig Griesdorn}C:\Documents and Settings\Craig Griesdorn\Application Data\Microsoft\Word\AutoRecovery save of Chapter 3 Government Notes.asdCraig GriesdornUC:\Documents and Settings\Craig Griesdorn\My Documents\Chapter 3 Government Notes.docCraig Griesdorn}C:\Documents and Settings\Craig Griesdorn\Application Data\Microsoft\Word\AutoRecovery save of Chapter 3 Government Notes.asdCraig GriesdornUC:\Documents and Settings\Craig Griesdorn\My Documents\Chapter 3 Government Notes.docCraig Griesdorn}C:\Documents and Settings\Craig Griesdorn\Application Data\Microsoft\Word\AutoRecovery save of Chapter 3 Government Notes.asdCraig GriesdornUC:\Documents and Settings\Craig Griesdorn\My Documents\Chapter 3 Government Notes.docCraig GriesdornUC:\Documents and Settings\Craig Griesdorn\My Documents\Chapter 3 Government Notes.docCraig Griesdorn!F:\Chapter 3 Government Notes.doc > c8f#,|8VsL42=AA^A`OJPJQJ^Jo(n   ^ `OJQJo(o   ^ `OJQJo( ^`OJQJo( ^`OJQJo(o QQ^Q`OJQJo( !!^!`OJQJo( ^`OJQJo(o ^`OJQJo(0^`0o(.^`o(.^`o(.^`o(.mm^m`o(.= L= ^= `L.  ^ `.^`.L^`L.  ^ `o(.  ^ `o(.uLu^u`L.EE^E`.^`.L^`L.^`.^`.U LU ^U `L.` ` ^` `o(.0 0 ^0 `o(.L^`L.^`.^`.pLp^p`L.@@^@`.^`.L^`L.8f# >VsLX        A`/@K`4־P    &@`FL       ܱC       @L.'@@UnknownGz Times New Roman5Symbol3& z Arial;Wingdings?5 z Courier New"qhBƒB E!920((!92QChapter 3---The ConstitutionCraig GriesdornCraig GriesdornOh+'0 (4 P \ ht|Chapter 3---The ConstitutionMihapCraig Griesdornrairai Normal.dotdCraig Griesdorn2aiMicrosoft Word 9.0s@@3@3 ՜.+,0 hp   New Bremen SchoolsE(( Chapter 3---The Constitution Title  !"#$&'()*+,-./0123456789:;<>?@ABCDFGHIJKLORoot Entry Fܿ%3Q1Table%9/WordDocument&HSummaryInformation(=DocumentSummaryInformation8ECompObjjObjectPoolܿ%3ܿ%3  FMicrosoft Word Document MSWordDocWord.Document.89q