Agenda: Tues 9/20 & Wed 9/21 RAP #11: Proficiency #1 Review Principles of Constitution Con Law 2: 2nd year proficiencies Prepping for the Bar Exam: 3 case studies HW: Amendment Proposals Pg 84 #9-23 (Prepping for “Bar Exam”) EC #1 DUE: Thurs 9/22 & Fri 9/23 Essential Question: How and why did the framers distribute power in the Constitution? Content Objective: Identify key principles in the Constitution by using clues. Language Objective: Explain which principle(s) match the section of the Constitution from the clue. RAP #11: Proficiency #1 Review Using your “Con Law 1 Matrix” as a reference, answer the following questions: What do you notice about how the Constitution deals w/ power? Based on your examination of the Constitution so far, what are some ways that the framers distributed power in the Constitution? Why do you think they distributed power as they did? Principles Chart Create the table below and complete the first three columns. 3 Six Basic Principles Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism Popular Sovereignty We the people The people are sovereign The people are the ONLY SOURCE for any and ALL governmental power. In a representative democracy, the people vote to elect leaders to represent their interests. Principles Chart Create the table below and complete the first three columns. Popular Sovereignty Popular Sovereignty means… 6 Limited Government The gov’t may do ONLY those things that the people have given it the power to do. AKA Rule of Law- NO ONE (including the President) is above the law AKA Constitutionalism- the government must be conducted according to the Constitutional principles. Separation of Powers The Framers intended to have a stronger national gov’t but also feared one that was too strong. The Constitution distributed the powers of the national gov’t among the Congress (the legislative branch), the President (the executive branch), and the courts (the judicial branch). A system of checks and balances allows each branch to monitor and check the power to prevent the abuse of power. Checks and Balances The 3 Branches are not entirely separated nor completely independent of one another. Each branch is subject to a number of constitutional checks (restraints) by the other branches. Judicial Review One aspect of the checks and balances is the power of judicial review. Judicial review is the power of the courts to determine whether what government does is in accord with what the Constitution provides. It is the power of the court to determine the constitutionality of a governmental action. Determined through the landmark Supreme Court case of Marbury v. Madison. Federalism Federalism is the division of power among a central government and several regional governments. Con Law 2 Read section of Constitution from card and complete matrix w/ matching principles and explanation Fill in last column on “Principles Chart” Prepping for the Bar Exam Three case studies Name / Date of Case Facts of Case Summary of Decision Significance of Decision Homework Background The framers developed the U.S. Constitution more than 200 years ago with the hope that it would remain relevant and effective for future generations. One way they sought to accomplish that was through the provisions of Article V, which spell out how the Constitution can be changed. In recent years, Congress has fielded many proposals for changes to the Constitution, including the following: • requiring the federal government to balance the national budget • restricting the amount of money that can be spent during national electoral campaigns • abolishing the Electoral College and electing the president and vice president by popular vote • lowering the age restriction for public offices such as senator and representative • repealing the Twenty-second Amendment, which sets presidential term limits • guaranteeing all citizens access to health care 15 Homework Assignment •If you had the opportunity to change the Constitution in one way in order to improve it, what would you propose? •In a short paragraph, explain your proposal, and discuss why you think the Constitution will be a stronger, better document with this change. •We will vote as a class on proposed amendments to see which garner the most support. •Remember. . . the amendment must receive two-thirds of the class’s votes in its favor to be considered. •Top 5 will earn extra credit…but can be vetoed by the President if inappropriate! 16 References McClenaghan, W. (2006). Magruder’s American Government. Boston, MA: Prentice Hall. http://www.library.unt.edu/govinfo/law/tutori al/images/ChksBalnces.gif