2. Fundamental Philosophy of the
Constitution #1: Separation of
Powers
The powers of government (legislative, executive, judicial)
are deliberately divided up into separate and equal
branches.
The government's powers are divided in such a way to
insure that no one person or group has too much power.
"Power corrupts, absolute power corrupts absolutely."
3. The Legislative Branch
In any government, someone has to have the power to make
the rules.
Under the Constitution, that power rests with the United
States Congress.
4. Controversy #1
Fierce debate took place between large and small states
over how the states would be represented in Congress.
Large states like _______ wanted to the number of
representatives each state had to depend on __________.
Small states like ______ wanted each state to have an
equal amount of representatives.
5. The Solution: The Connecticut
Compromise
According to this plan, the Congress would have two houses
(bicameral legislature).
In the lower house, called the __________________, each state
had representatives based on how many people lived in that
state. More population = more representatives.
The upper house, called the __________, would have two Senators
from each state, regardless of population. Originally, the plan was
for state legislatures to choose Senators, but that was later
changed.
6. Controversy #2
How would slaves count towards the total population?
Northern states did not want them to count at all.
Slaves were legally counted as property and property should
not count towards population.
Southern states wanted them to count just like everyone
else.
7. The Solution: The 3/5s Compromise
3/5s of "all other persons" would count as population.
(Indians would not count at all)
If a states had 5000 slaves and 1000 whites, the population
would be figured this way:
population = white population + (3/5 * slave population)
1000 + (3/5 * 5000) = population
1000 + 3000 = population
4000 = population
8. Answers to commonly asked questions
about the House:
-There are 435 Representatives from all the 50 states.
-California has the most (53),
followed by Texas (39),
New York (29)
and Florida (25).
Mississippi has 4.
9. Congress' main jobs.
Congress‘ main job is to make laws to govern the nation.
Congress also has other powers specifically given to it by
the Constitution.
10. Congress' other jobs
"The power of the purse" - Congress controls the Federal
budget, coins money, taxes and regulates commerce
(trade).
To establish and maintain a Navy and a post office.
To declare war and approve treaties with other countries.
BUT...Congress cannot pass any ___________,
______________, nor suspend the right of __________
(unless in cases of rebellion, invasion or for public safety)
11. The Executive Branch
In any government, someone has to have the power to "enforce,"
"execute" or "carry out" the law.
Under our Constitution, that person is the President. His second in
command is the Vice-President
12. The Presidency
The President and Vice-President are elected every four years by
the electoral college.
The electoral college is made up of electors from each state.
The number of electors each state has depends on the state's
population.
Voters do not vote for a candidate, but his/her electors. In most
states, it's "winner takes all" - whoever wins the state gets all the
electors regardless of the margin of victory.
13. Electoral Math
To be President, a candidate must have a majority of
electoral college votes, NOT popular votes. There have
been 4 times a candidate won the popular vote, but lost the
election.
Presidents John Quincy Adams (1824), Rutherford B. Hayes
(1876), Benjamin H. Harrison (1888), and George W.
Bush(2000) all won elections despite losing the popular vote.
An elector can vote against the candidate they are pledged
to vote for, although 24 states have laws against this.
14. U.S. Presidents
There have been 44 Presidents of the United States.
George Washington was the first and only president
elected unanimously.
Barack Obama is the current president. He was 1st elected
in 2008 and officially became president in January of
2009.
15. Presidential Powers
The President cannot "do anything." There are limits to his
power.
He is the Commander-in-Chief of the Armed Forces, but he
cannot declare war.
He can propose new laws, but he cannot vote on them.
The Vice-President serves as President of the Senate, but
he can only vote to break a tie.
16. The Judicial Branch
In any government, someone has to be able to settle
disputes over the meaning of the laws.
Under our Constitution, that power lies with the Supreme
Court and the lower Federal courts.
17. The Supreme Court
Today, the Supreme Court consists of 9 judges, called
Justices. There is a Chief Justice and 8 associate Justices.
All Supreme Court Justices (and lower Federal Court judges) are
appointed for life by the President. But their appointments have to
be approved by a 2/3 majority of the Senate.
18. Supreme Court's Power
The Supreme Court only hears cases that deal with a
dispute over the meaning of the Constitution. It cannot
make a law nor enforce a law.
If a law is declared unconstitutional, then the court has
ruled that the particular law violates the
Constitution. Since the Constitution is the "Supreme Law of
the Land," any law that violates it is considered rejected
and cannot be legally enforced.
The Court cannot overturn anything in the Constitution.
19. Important Supreme Court cases
through the years.
Marbury v. Madison - established the principle of judicial
review....that the court could overturn a law. (Article III)
Brown v. Board of Education - said that racial segregation in
education was unconstitutional. (14th Amendment)
Gideon v. Wainwright - said that if you cannot afford an
attorney, the court must provide one. (6th Amendment)
Roe v. Wade - Said that the states did not have a legal
right to outlaw abortion. (14th Amendment)
20. Checks and Balances
Each Branch has a power over the other one (check) but
that power is balanced by a power that the other Branch
has over it (balance).
Examples: Congress can pass laws, but the President can
veto (reject) them. Congress can override the veto with a
2/3rds vote, but the Supreme Court can declare the law
unconstitutional. Of course, Congress could then turn
around and make the law a Constitutional Amendment, which
automatically makes it constitutional.