Presentation Pro
American Government
Unit 2
The Constitution
The Constitution
• Elaborated Unit Focus:
The focus
of this unit is on the structure of the
U. S. Constitution. It focuses on
the dispersion of power through
principles of popular sovereignty,
federalism, separation of powers,
and checks and balances.
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CHAPTER 3
The Constitution
SECTION 1 SSCG3 The student will demonstrate knowledge of the
United States Constitution.
SECTION 2 SSCG4 The student will demonstrate knowledge of the
organization and powers of the national government.
SECTION 3 SSCG5 The student will demonstrate knowledge of the
federal system of government described in the United States
Constitution.
SECTION 4 SSCG6 The student will demonstrate knowledge of civil
liberties and civil rights.
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Chapter 3
SECTION 1
SSCG3 The Constitution
• Explain the main ideas in the debate over
ratification; include those in The Federalist.
• Analyze the purpose of government stated in the
Preamble of the United States Constitution.
• Explain the fundamental principles upon which the
United States Constitution is based; include the
rule of law, popular sovereignty, separation of
powers, checks and balances, and federalism.
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Chapter 3, Section 1
Ratification of the Constitution
• The major debates:
1) "Should the Articles of
Confederation be replaced?“
2) "If the Articles should be
replaced, what should be the
features of the new Constitution?“
Bill of Rights
Compromises
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Chapter 3, Section 1
Articles of the Constitution
Section
Preamble
Subject
States the purpose of the Constitution
Article I
Legislative branch
Article II
Executive branch
Article III
Judicial branch
Article IV
Relations among the States and with the National
Government
Amending the Constitution
Article V
Article VI
Article VII
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National debts, supremacy of national law, and oaths of
office
Ratifying the Constitution
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Chapter 3, Section 1
Preamble of the United States Constitution
The preamble states the fundamental purposes,
principles, and goals of the government
established by the Constitution.
Its purpose is to generally define the reasons
behind the Constitution, establish what justifies a
government, and explain how its citizens have
come to create one.
The Preamble states the use of FORCE
“provide for the common defense” in order to
establish an Army and Navy.
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Preamble of the United States 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.
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More of the Basic Principles
• Checks and balances is the system that allows
the legislative, executive, and judicial branches to
check, or restrain, the actions of one another.
• The principle of judicial review consists of the
power of a court to determine the constitutionality
of a governmental action. “Marbury v. Madison”
• Federalism is a system of government in which
the powers of government are divided between a
central government and several local governments.
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Chapter 3, Section 1
Three of the Basic Principles
• The principle of popular sovereignty asserts that the
people are the source of any and all government
power, and government can exist only with the consent
of the governed.
• The principle of limited government states that
government is restricted in what it may do, and each
individual has rights that government cannot take
away.
• Separation of powers is the principle in which the
executive, legislative, and judicial branches of
government are three independent and coequal
branches of government.
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Chapter 3, Section 1
Section 1 Exit Ticket
1. What position would you take if you were one of the
founding fathers in the debate over ratification; and
what are you a Federalist or Anti-Federalist? What does
a Anti-Federalist demand or they will walk out?
2. What in your own words is the main purpose of
government stated in the Preamble of the United States
Constitution dealing with force?
3. What fundamental principles upon which the United
States Constitution was based would you question
today? Why?
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Chapter 3, Section 1
SECTION 2
SSCG4
• Describe the structure and powers of the
legislative, executive, and judicial branches.
• Analyze the relationship between the three
branches in a system of checks and
balances and separation of powers and how
the process is slow.
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Chapter 3, Section 2
Structure and powers of the 3 branches
Branches of Government
To ensure a separation of powers, the U.S. Federal Government is
made up of three branches: legislative, executive and judicial. To
ensure the government is effective and citizens’ rights are
protected, each branch has its own powers and responsibilities,
including working with the other branches.
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Legislative Branch
The legislative branch is made up of the House (435) and
Senate (100), known collectively as the Congress( ).
Among other powers, the legislative branch makes all
laws (bills), declares war, regulates interstate and
foreign commerce and controls taxing and spending
policies.
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Executive Branch
The executive branch consists of the President, his or her
advisors and various departments and agencies. This
branch is responsible for enforcing the laws of the
land.
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Judicial Branch
The judicial branch consists of the U.S. Supreme Court ( 9 Justices
life time terms) and the Federal Judicial Center. According to the
Constitution, "[t]he judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish." The
Federal Judicial Center is the education and research agency for
the federal courts.
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Checks & Balances (Slow Process)
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Separation of Powers
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Section 2 Exit Ticket
1. What are the main purpose and powers of the legislative,
executive, and judicial branches?
 A. Which branch in your opinion with explanation has more power in domestic
policy?
 B. Which branch in your opinion with explanation has more power in foreign
policy?
 C. Why is the process slow by design?
2. What is the key to the relationship between the three
branches system of checks and balances and separation
of powers.
 A. What has caused this relationship to change or become unbalanced in our
history?
 B. What are examples in our US history of the system of checks and balances
being abused by one of the branches? Hint: Trail of tears.
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Chapter 3, Section 1
SECTION 3
SSCG5
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Explain the relationship of state governments to the national
government.
Define the difference between enumerated and implied
powers.
Describe the extent to which power is shared.
Identify powers denied to state and national governments.
Analyze the ongoing debate that focuses on the balance of
power between state and national governments.
Analyze the supremacy clause found in Article VI and the role
of the U.S. Constitution as the “supreme law of the land.”
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Chapter 3, Section 3
Explain the relationship of state
governments to the national government.
 Preamble
 The relationship and authority of states and the federal government are
governed by the U.S. Constitution. The federal government is delegated
certain enumerated powers while all other powers not otherwise
prohibited by the Constitution are reserved to the states. America has
thrived as a nation of laws with a strong national and international
identity anchored by the diversity and innovation of representative self
government in the states. It is vital that the National Governors
Association works to preserve and promote a balanced relationship
between the states and the federal government.
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Define the difference between enumerated
and implied powers.
 Enumerated or Expressed powers are spelled out in the Constitution e.g. to coin money at the federal level and the Senate to approve
treaties.
 Reserved powers are reserved to the States. In the early days, most
power was still at the State level. Most criminal law is still at the State
level - unless you cross a state line.
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Implied powers
 Implied powers are hard to define but a good example is the interstate
highway system. No where in the Constitution does it say the federal
government can build such an expensive and expansive system of
roads. The Commerce Clause states "The Congress shall have power .
. . To regulate commerce with foreign nations, and among the several
states, and with the Indian tribes" and from that Congress has the
implied power to build highways.
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Describe the extent to which power is
shared
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Concurrent power is held by both the state and the federal government
and may be exercised simultaneously within the same territory and in
relation to the same body of citizens
Some of the concurrent powers enjoyed by both the federal and state
governments are: the power to tax, make roads, protect the
environment, create lower courts and borrow money
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Identify powers denied to state and
national governments
State Government
 May not enter into treaties with other countries
 May not print money
 May not tax imports or exports
 May not Impair obligations of contracts
 May not suspend a person's rights without due process
National Government
May not violate the Bill of Rights
May not impose export taxes among states
May not use money from the Treasury without the passage and approval of an appropriations bill
May not change state boundaries
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Analyze the ongoing debate that focuses on the balance
of power between state and national governments
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This series of activities introduces students to one of the most hotly
debated issues during the formation of the American government -- how
much power the federal government should have — or alternatively,
how much liberty states and citizens should have. The lesson begins by
tracing the U.S. federal system of government to its roots, established
by America's Founding Fathers in the late 18th century, highlighting the
controversial issue of state sovereignty versus federal power. Students
compare the Articles of Confederation to the Constitution, analyzing
why weaknesses in the former led to the creation of the latter. Then
they examine the resulting system of government formed by the
Constitution, investigating the relationship between federal and state
governments as they exist today. Finally, students reflect back on
history and argue whether they believe Hamilton or Jefferson had the
more enduring vision for America.
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Analyze the supremacy clause found in Article VI and the role of the U.S.
Constitution as the “supreme law of the land.”
• Supremacy Clause
• This Constitution, and the Laws of the United States which shall be
made in Pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the supreme
Law of the Land; and the Judges in every State shall be bound
thereby, any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding.
• Article VI
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Section 3 Exit Ticket
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Why is it so important for States to have power?
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Why is the clause found in Article VI so important in your opinion?
What are examples of enumerated or expressed powers?
What are examples of implied powers?
How would you explain concurrent powers?
Where do you fall on the debate of state v. national government?
Explain your answer.
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SECTION 4
SSCG6
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Examine the Bill of Rights with emphasis on First Amendment
freedoms.
Analyze due process of law expressed in the 5th and 14th
Amendments.
Explain selective incorporation of the Bill of Rights.
Explain how government seeks to maintain the balance
between individual liberties and the public interest.
Explain every citizen's right to be treated equally under the
law.
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Chapter 3, Section 3
SECTION 4
SSCG6 Bill of Rights (First 10 Amendments)
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Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the
people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III (Why is this even on the list and why so important? Number 3!)
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use,
without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
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Chapter 3, Section 3
SECTION 4
SSCG6 First Amendment
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting
the free exercise thereof; or abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.
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SECTION 4
SSCG6 Analyze due process of law expressed in the 5th and
14th Amendments
Amendment V
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No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use, without just compensation.
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Amendment XIV (Citizen is KEY)
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All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of
the United States and of the state wherein they reside. No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person
of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
Section 2.
Section 3.
Section 4.
Section 5.
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Chapter 3, Section 3
SECTION 4
SSCG6 Explain selective incorporation of the Bill of Rights
Selective incorporation is a legal code that protects
the immunities, rights, and privileges of all citizens of
the United States from State laws. Selective
incorporation is a product of a convoluted path taken
through the debate over incorporation of the Bill of
Rights into the heart of the United States
Constitution itself.
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Chapter 3, Section 3
SECTION 4
SSCG6 Explain how government seeks to maintain the balance
between individual liberties and the public interest
Explain how government seeks to maintain the
balance between individual liberties and the public
interest.
Individual
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Public
Chapter 3, Section 3
SECTION 4
SSCG6 Explain every citizen's right to be treated equally under the law
SSCG6 Exit Ticket
Men
Time & Place _________Laws___________
Time & Place _________Laws___________
Women
Time & Place _________Laws___________
Time & Place _________Laws___________
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