Bellwork – 10/28 & 10/29 The US Constitution: The Preamble & Separation of Powers Mrs. Foster & Ms. Diggs Review • What led the colonists to writing the Constitution? 1775 The Revolutionary War between the Colonies and Britain begins. 1776 1777 The Articles of Confederation are written but not yet ratified Declaration of Independence written; the 13 colonies become the 13 states, but are not yet united under one central government. Review • What led the colonists to writing the Constitution? 1781 The last battle of the Revolutionary War takes place; the 13 states set up a federal government under laws called the Articles of Confederation. 1786 Representatives from five states meet at Annapolis, Maryland, to discuss interstate trade. Because so few representatives attend, Alexander Hamilton and James Madison call for another convention to be held in Philadelphia. Review • What led the colonists to writing the Constitution? May 25, 1787 The Constitutional Convention begins on May 25, in Philadelphia. Fifty-five representatives attend and begin drafting the Constitution. Sept. 17,1787 1788 On September 17, 1787, the convention comes to a close as the representatives sign the Constitution. On September 17, 1787, the convention comes to a close as the representatives sign the Constitution. • 7 articles • Legislative Branch • Executive • Judicial • Relations between States • Amendment Process • Debts; Supremacy Clause • Ratification Part 3: Amendments • The Preamble Part 2: Articles Part 1: The Preamble Structure of the Constitution • Formal Changes to the Constitution Why a Constitution? • What did the Declaration of Independence do/say? “…All men are created equal and are endowed by their creator with certain unalienable rights, which among these are Life, Liberty and the Pursuit of Happiness…” • The Declaration of Independence says WHAT the Founding Fathers wanted. The Constitution says HOW they were going to set up a government that does/protects all of those things. Fun Facts About the Constitution That might sound like a lot but that makes it shorter than the sports section in most newspapers! Making it the oldest written constitution still in use anywhere in the world! What’s the Preamble? • The Preamble is a single, long sentence that define the broad purposes of the republican government created by the Constitution • It states in general terms and the Founding Fathers’ intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve. The Preamble of the US Constitution • 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. The Preamble Break Down… • “We the People” o Wording that shows that the power and authority in our system of gov’t comes from the people NOT the states. (The opposite of the Articles of Confederation when the states had all the power) The Preamble Break Down… Meaning: The framers of the Constitution wanted to ensure cooperation among the states AND between the national government. The two need to share power, making us a federal system of government. The Preamble Break Down… Meaning: The framers hoped to create a system of government based on fair laws that apply equally to all people. The Preamble Break Down… Meaning: the framers wanted government to ensure peace and order The Preamble Break Down… Meaning: The framers wanted the government to protect the nation against foreign enemies. The Preamble Break Down… Meaning: The framers hoped the gov’t would ensure the wellbeing of the citizens The Preamble Break Down… Meaning: The framers hoped to guarantee freedom for Americans, then and in the future too! The Preamble Break Down… “…do ordain and establish this Constitution for the United States of America.” Meaning: That’s why we’re writing all this stuff down so read it and pay attention, world! 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. What do you think? Why is the preamble so important to the framer’s of the Constitution AND to us as citizens of the United States of America? Take 5 minutes to write the question and answer this question in your spiral • 7 articles • Legislative Branch • Executive • Judicial • Relations between States • Amendment Process • Debts; Supremacy Clause • Ratification Part 3: Amendments • The Preamble Part 2: Articles Part 1: The Preamble Structure of the Constitution • Formal Changes to the Constitution Guiding Question How does the Constitution limit the power of government through separation of powers and checks and balances? Terms Checks and balances: a system allowing a branch of a government to amend or veto acts of another branch to prevent any branch from becoming too powerful. Separation of powers: separating the duties of government bodies (i.e., executive, legislative, & judicial.) Part Two: The Articles • The main body of the Constitution consists of SEVEN articles o o o o o o o Article 1: Legislative Branch Article 2: Executive Branch Article 3: Judicial Branch Article 4: Relations between States Article 5: Amendment Process Article 6: Debts; Supremacy Clause Article 7: Ratification State vs. Federal Gov’ts The Constitution limits the powers of the government by giving them individual responsibilities. The responsibilities are either: State Or Both! Federal Federalism Because we have a federal system of government, our federal (national) gov’t and state gov’t share responsibilities State Gov’ts Share Responsibilities! Federal State vs. Federal Gov’ts The Constitution limits the powers of the government by giving them individual responsibilities. The responsibilities are either: Reserved Concurrent Delegated Limiting Powers • The Constitution limits the powers of the government by giving them individual responsibilities. Concurrent • Issues Licenses (Driver’s, Marriage, etc.) • Conduct Elections • Take measures for public health & Safety • Collect taxes • Build roads • Establish courts • Makes Treaties • Declares War • Print Money Articles I, II, & III of the Constitution. Review Terms: • Checks and balances: a system allowing a branch of a government to amend or veto acts of another branch to prevent any branch from becoming too powerful. • Separation of powers: separating the duties of government bodies (i.e., executive, legislative, & judicial.) • Delegated Powers: powers granted to the national (federal) gov’t, instead of the state gov’t, under the Constitution • Reserved Powers: powers kept by the states • Concurrent Powers: powers shared by both the federal state gov’ts under the Constitution The Articles Article 1: Article 2: Article 3: Legislative Executive Judicial Branch; Branch; Branch; Makes Laws Enforces Laws Interprets Law The Articles Legislative Executive Judicial Branch; Branch; Branch; Congress President and Cabinet The Supreme Court Executive Branch: Enforces the laws. Congress writes a law, and the President will get to pass it or stop it (veto) from becoming a law. Legislative Branch: Makes the laws. The President can pass a law, but the Supreme Court can decide if that law violates the Constitution or our rights, and have it repealed. Judicial Branch: Interprets the laws. Decides whether a law violates your Constitutional rights. Guiding Question • What is the structure and function of the three branches of government according to Articles I, II, and III? Article I o Article I of the Constitution lays out the foundations of Congress. o It divides Congress among the House of Representatives and the Senate. o It also stipulates qualifications for Representatives and Senators, as well as, stipulates their duties and responsibilities. House of Representatives • Composition & Election of House of Representatives o Voted for by the people every other year. • Qualification of Members o Must be at least 25 years old o Live in the state they represent o U.S. citizen for at least 7 years • Apportionment of Representatives o Based on population o 435 seats total in the House o One representative per 700,000 people in a state House of Representatives • House Only: o Power of impeachment. o Bills start here involving taxes. • Shared with the Senate: o Have the power to change laws in order to protect voters. o Determine naturalization laws. o Coin money. o Create the postal service. o Declare war. The Senate • Composition o Two senators per state o Elected every six years • Qualifications o At least 30 years old o Must reside in the state he/she represents o U.S. citizen for nine years • President of the Senate o The VP of the USA is the President of the senate, but has no vote unless there is a tie. The Senate • Senate Only: o Impeachment Trial o Deciding whether or not to remove from office. • Shared with the House: o Have the power to change laws in order to protect voters. o Determine naturalization laws. o Coin money. o Create the postal service. o Declare war. Article II • Discusses the powers, qualifications, and responsibilities of the Executive Branch. Executive Branch • Voting o Voted for every four years and can only serve two terms. • Qualifications o Natural born citizen o 35 years of age or older o Lives in the U.S. for at least 14 years • Powers & Functions o Power to appoint people to positions. o Grant pardons. o Make treaties. Article III • Discusses the qualifications, powers, and functions of the Judicial Branch. • The Judicial Branch is made up of the Supreme Court. The Supreme Court • Qualifications o Good Behavior • Appointment o By the President • Powers & Functions o Decide arguments over how to interpret the Constitution, all laws passed by Congress, arguments involving states, and in agreements with other nations.