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