The Constitution Handbook

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The Constitution Handbook
Social Studies Survey
Pages 120-129
Essential Question
 Why has the
Constitution been able
to endure for over 220
years when many
other Constitutions
around the world have
been changed, altered,
or abolished (some
several times over)?
I CAN:
1. List and Define the 6 major principles of
the Constitution
2. Analyze the 3 major branches established
by the Constitution and Describe their
significance within our government
3. Evaluate the rights and duties of American
citizens as defined in the Constitution
Structure



1.
2.
3.
US Constitution is simple and brief (7,000
words)
Does not spell out every word but leaves it
for future generations to interpret
Divided into three parts
Preamble
Articles (7)
Amendments (27)
Major Principles

1.
2.
3.
4.
5.
6.
These 6 principles help to influence the
character of American Government
Popular Sovereignty
Judicial Review
Limited Government
Federalism
Separation of Powers
Checks and Balances
Popular Sovereignty
 Rule by the People
 Authority for government flows from the
people and consent of the governed
Limited Government
Constitution
limits the actions
of government by
specifically listing
powers it does
and does not have
Federalism
 Power divided between
states and national
government
 Represented a middle
ground-forge a union but
limit central government
 National government has
the power to act for
country as a whole, states
have power over many local
matters
Separation of Powers
Each branch has
its own
responsibilities
to help one
branch from
taking over
James Madison
Separation of Powers
 “But the great security against a gradual concentration of
the several powers in the same department consists in
giving to those who administer each department the
necessary constitutional means and personal motives to
resist encroachments of the others….Ambition must be
made to counteract ambition. The interest of the man
must be connected with the constitutional rights of the
place….If men were angels no government would be
necessary. If angels were to govern men, neither external
or internal controls on government would be necessary.
In framing a government, which is to be administered by
men over men, the great difficulty lies in this:You must
first enable the government to control the governed: and
in the next place, oblige to control itself.”
Checks and Balances
 Each branch of
government exercises
some control over the
others
 A check is a control
one branch has over
another’s functions
creating a balance of
power
Judicial Review
 Power of courts to declare
laws and actions of local,
state, or national govt
invalid
 Acts against the
Constitution must be illegal
 Marbury vs Madison
established the judicial
review precedent
 Supreme court decision
may only be changed by
Amendment or supreme
court changes its views
Enumerated, Reserved, and
Concurrent Powers
Amendment Process
The Legislative Branch
Article 1 of the Constitution
Makes the Laws
How a Bill Becomes a Law
How a Bill Becomes a Law Video
 http://www.youtube.com/watch?v=FFroMQlKiag
 School House Rock (3:20 min)
The Executive Branch
Article 2 of the Constitution
Enforces the Laws
1) Chief Executive
 Enforces laws passed by
Congress
 Grant Reprieves
 Grant Pardons
 Grant Amnesty
4 Tools of Chief Executive
1.Executive orders
2.Appointments (Must have
Senate Approval)
3.Remove officials they have
appointed
4.Impoundment of funds
President Truman
desegregated Army in 1948
 http://www.youtube.com/watch?v=vYVa1vYbPPo
2) Chief Diplomat
Directs Foreign Policy
Negotiates Treaties and
Executive Agreements
Appoints Ambassadors
Recognizes Foreign
Governments
3) Commander in Chief
Civilian authority
Asks for Declaration of War
Troops/serious disorder in
nation
4) Chief (Head) of State
Represents the nation
Performs many ceremonial
duties
Symbol of US and its people
Chief (Head) of State Videos
 http://www.youtube.com/watch?v=6-ftnSTu-CM
5) Chief Legislator
Outline and Propose legislation
(State of Union Address)
Calls Congress to Special
Sessions
Veto
Signing Obamacare into Law
Reagan gives SOTU Address
Cabinet
 General term for
the advisers around
any head of state
 15 secretaries, VicePresident, and other
top officials
 More than advisers;
also administrators
of bureaucracies
Executive Office of the President
 EOP- created by FDR in
1939
 Individuals and agencies
that directly assist the
president
 Provide specialized
advice and information,
help implement decisions
and gain more control
over executive branch
Executive Office Agencies
The Judicial Branch
Article 3 of the Constitution
Interprets the Laws
US
Supreme Court
9 Justices
D.C.
Original and appellate
Fewest cases
80-150/year
US Court of Appeals
12 Courts (3 judge panel)
Appellate
US District Court
94 Courts (judge and 2 types of juries:
1. grand - indicts
2. petit - determines guilty or innocence)
Original
Most cases
U.S. Supreme Court 2011-2012
 Nine Justices (1869): Eight Associate Justices led
by a Chief Justice of the Supreme Court.
Judicial Review
 Power of courts to declare
laws and actions of local,
state, or national govt
invalid
 Acts against the
Constitution must be illegal
 Marbury vs Madison
established the judicial
review precedent
 Supreme court decision
may only be changed by
Amendment or supreme
court changes its views
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