GOV-9.20-9.21.11 ConLaw2stu

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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.
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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…
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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
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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! 
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References


McClenaghan, W. (2006). Magruder’s American
Government. Boston, MA: Prentice Hall.
http://www.library.unt.edu/govinfo/law/tutori
al/images/ChksBalnces.gif
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