2. Key Constitutional Concepts
Popular sovereignty – rule by the people
Federalism – power is divided between state and
national govt.; only way states would agree to a central
govt.; states handle local matters, federal (national
govt.) makes decisions for country as a whole
Limited government – the Constitution lists specific
powers the govt is allowed AND powers that are
prohibited to it (ex. Bill of Rights!!)
3. What is the system of
checks and balances?
Why is it such an
important principle in
our Constitution?
Give an example! (Use
your “Which Branch
Does this?” worksheet
from Friday to help
you!)
4. Separation of Powers
3 branches – each with its own duty
Legislative – makes laws - CONGRESS
House of Representative
Senate
Executive – carries out laws – PRESIDENT, VP, Cabinet
Judicial – interprets laws – federal AND state courts
Judicial review** - the power of the courts to declare a law
unconstitutional – Marbury v. Madison 1803
A Supreme Court decision can be reversed 2 ways
If the Court changes its views
If Congress proposes an Amendment, which must be ratified by the
states
5. Why might the cartoonist have used the tree as a symbol?
Why might he have portrayed President Bush in cowboy boots/hat
with a lasso?
What is the message of this cartoon? Does is depict Bush in a
favorable or unfavorable way?
6. Checks and Balances
System put in place so that no one branch of
government would ever become too powerful!
See the chart on the next slide for examples that you
should know!
7.
8.
9. Directions
Carefully view/read the document that you have been
given.
Everyone in your group must:
Write a 2-3 sentence description of the document.
Discuss which check or balance is being shown in the
document. THINK ABOUT: Which branch of
government is acting? Which other branch of
government is limiting them OR can't do what it wants?
Write down the example of checks and balances being
shown, and be ready to share your document with the
class.
10. Which check/balance applies to
each situation?
I am the President; I can declare war on Lower Slobovia.
I am a Judge; I can make any decision I want.
I am a Senator; I can help write and pass any law I want.
I am the President of the United States; I can veto any law
passed by Congress.
I am the President of the United States; I can do anything I
want.
I am the President of the United States; I can make a treaty
with Upper Slobovia.
We're the Supreme Court; we'll be ruling on every law for
years.
11. Which check/balance applies to
each situation?
I am the President; I can declare war on Lower Slobovia.
Congress declares war
I am a Judge; I can make any decision I want.
Presidents appoint justices; Senate approves; Congress can propose amendments
I am a Senator; I can help write and pass any law I want.
President can veto a bill
I am the President of the United States; I can veto any law passed by Congress.
Congress can override a veto with a 2/3 vote
I am the President of the United States; I can do anything I want.
Senate must ratify treaties, approve justices, Congress declares war, etc.
I am the President of the United States; I can make a treaty with Upper Slobovia.
Senate ratifies treaties
We're the Supreme Court; we'll be ruling on every law for years.
President appoints, Senate approves, decisions can be reversed w/ Constitutional
amendment
12. Structure of the Constitution
Preamble – introduction to the Const.; states the purposes of
government
7 Articles – framework for govt.
I – Legislative – details about 2 houses and lawmaking procedures
II – Executive – powers & duties of Pres., election process
III – Judicial – jurisdiction (authority) of federal courts, defines treason
IV – relationships of the states to one another and national govt.
V – amendment process
VI – supremacy clause – laws passed by Congress are “supreme Law of
the Land”
27 Amendments (changes to the Const.) – provide a way the
document can respond to the needs of a changing nation
13. Principles of Government
Scavenger Hunt!
Google Mrs. Lindinger Foundations of Government
Click on “Interactive Constitution – National
Constitution Center”
On the right hand side, click “Explore by topic” and
choose a topic – ie. Popular sovereignty, checks and
balances
When you’re finished, you’ll rank the principles, 1-6,
and make an argument for which 2 you think are the
most important OR Make a visual for each of the
principles.
14. Today
15 min. - Finish Constitution Scavenger
Hunt – 2 options:
rank the Constitutional principles, 1-6, and
make an argument for which 2 you think
are the most important OR
Make a visual for each of the principles.
THEN – Take the self-assessment
16. Pre
Class
• In your own words, explain two ways that
the Constitution can be amended
(changed). Use the graphics above.
17. Why did the founding fathers
allow for amendments
(changes or additions) to the
Constitution?
• To ensure that the Constitution would be
dynamic – that it would change along with
changes in American society.
18. Indirect Ways to Change the
Constitution
Congress
• Through Law – tax laws, creation of Presidential cabinet,
changing structure of judicial branch
• Through Practice – impeachment
President - Presidential succession, conduct foreign affairs
(executive agreements instead of treaties)
Court Decisions – interpret the meaning of words/phrases
through judicial review
- judicial restraint - court should NOT take initiative on
social issues
- judicial activism – court SHOULD take initiative on
social issues (ie. Ending segregation in Brown)
19.
20.
21. 14 Amendment & Equal
th
Protection
• 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.
22. Pre Class
• On a separate sheet of paper, at the top
write “Do gay marriage bans violate the
Constitution's equal protection clause (14th
amendment)?
• Below, make a T chart to record facts on
both sides of the argument – YES & NO
26. Closing Question:
• In your opinion, does the language of the
14th amendment support same sex
marriage? Why or why not?
• Given the rising public opinion in support
of marriage equality, do you think the
Supreme Court will rule in favor of same
sex marriage?
• Will we see a decision that is the "Brown v.
the Board” of the gay rights movement?
27.
28. Which of these principles of the Constitution
are reflected in our school?
Checks and balances
Separation of powers
Rule of law – no one is above the law
Free speech
Freedom of religion
Freedom of expression
No unreasonable search and seizure
Due process – a process for challenging a consequence
for students’ behavior
30. Are the principles of the
Constitution reflected in our
Directions: school?
• Today, you’ll look through your student handbook for
examples of the principles of the Constitution at work
in this building, and record them on your handout
• You’ll rank our school on each principle 1-5 (agree to
disagree)
• Write down 2 questions that you have about school
policies – we’ll have guest speakers later this week!
31. Legislative Branch
• Intended to be post IMPORTANT (makes laws)
• Expressed powers – directly stated in Const.
– Enumerated powers (think NUMBER) - #1-18
• 5 economic - Levy taxes, Borrow money, Coin money, etc.
• 7 defense – declare war, raise/support army
• Naturalizing citizens, establishing post offices, courts
• Elastic clause – lets Congress stretch its powers to meet
situations the Founders couldn’t anticipate
– Congress can make laws “necessary and proper” to carry out
its other powers
32. Executive Branch
• Carries out acts of Congress
• Broad powers – open to interpretation (“wild card”)
• Specific Powers
“The executive Power shall be vested in
the President of the United States of
America”
33. Specific Powers
• Commander in Chief of armed forces
• Appoints head of Departments
• Grant pardons
• Make treaties
• Appoint ambassadors, federal judges
• Delivers State of the Union
• Calls Congress to special session
• Meets heads of state, ambassadors
• Commissions military officers
• Ensures laws are “faithfully executed”
34. Judicial Branch
• 2 court systems
– Federal jurisdiction – cases involving federal laws,
treaties, interpretation of the Construction…
– State – state laws
• Judicial review**
36. Write down 2 questions that you have about
the policies of our school and how they
relate to the principles of the
Constitution.
Answer questions #1 & 2 on the back of
your handout (“Developing a Point of
View”)
37.
38.
39. • Historic events involving conflicts between branches include:
• The impeachment of President Andrew Johnson.
• The impeachment of President Bill Clinton.
• The conflict over Franklin D. Roosevelt's attempt to add six seats to the Supreme Court.
• The Alien and Sedition Acts.
• Supreme Court cases such as Marbury vs. Madison (1803), the Dred Scott Decision (1857)
and McCulloch v. Maryland (1819).
• President Andrew Jackson's conflict with Congress over the Second National Bank.
• The Watergate incident during Richard Nixon's tenure in office.
42. One Document Under Siege
• While you read:
• Take notes on the scope, intensity, duration, and
resources involved.
• Has policy been made in regard to this issue? Can the
policy be validated by the Constitution? Explain...
What is your opinion?
43. What is public policy?
• public policy making is problem solving by someone in an
authoritative position to get the job done.
• When considering public policy, problems must be analyzed
using the following four elements:
– SCOPE – How widespread a problem
– INTENSITY – How troublesome a problem
– DURATION – How long a problem
– RESOURCES -- Costliness of the problem
44. • Issue 1: LIBYA Article 1 Section 8 ‘The Congress shall
have power..To declare war’. Article II Section 2 ‘The
president shall be commander-in-chief of the Army and Navy
of the United States’
• Issue 2: THE DEBT CEILING Article I, Section 8 ‘The
Congress shall have power...to borrow money on the credit of
the United States.’ 14th Amendment, Section 4, ‘The
validity of the public debt of the United States...shall not be
questioned.’
45. • Issue 3: OBAMACARE Article I, Section 8, Clause 3,
‘The Congress shall have power....to regulate Commerce with
foreign nations, and among the several states.’
• Issue 4: IMMIGRATION 14th Amendment 1868, ‘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
46.
47.
48. Checks and Balances
Simulation
• How should we spend $100?
• 3 groups
– Group 1 controls the money
– Group 2 decides how the money will be spent
– Group 3 will rule on any challenges
49. Pictionary!
• You will be assigned one constitutional principle for
which you will create a drawing.
• You may NOT use any words in your picture!
• You must draw your picture in a way that will allow
group members to guess which principle it is.
• Refer to the definitions of the constitutional principles
from your homework/class work.
Notes de l'éditeur
rom warrantless NSA surveillance to the use of military tribunals to try detainees at Guantanamo Bay without the approval of Congress, some of the President's actions have riled Congress -- and a few car- toonists. Explain how this cartoon interprets the President’s actions.