Big Idea 1 Popular Sovereignty The power to

Big Idea 1: Popular Sovereignty • The power to rule belongs to the people. • The government can govern only with the consent of the governed. – Constitution’s Preamble: “We the People of the United States. . . do ordain and establish the Constitution for the United States of America. ” • People have civic responsibilities…actions they can engage in to impact their communities and the Gov! – Can vote= choosing their representatives – Share ideas and engage in political dialogue= raise awareness – Protest/Demonstrations= Assemble to bring attention to an issue – Petition= Get signatures to pass or ban a bill – Filing a legal challenge= challenge the constitutionality of a law in court

Big Idea 2: Separation of Powers • Founders wanted to prevent monarchy. – America had just won it’s independence from Britain • Hobbes & HUMAN NATURE – “The condition of man is a condition of war, of everyone against everyone. . . ” - Thomas Hobbes, Leviathan, 1651 – State of nature=Did it illustrate the need for Gov. ? • But, if one person/group got all that power=currupts • So, founders divide WHO gets the power

Big Idea 3: Checks & Balances • “Ambition must be made to counteract ambition…” --James Madison in Federalist 51 • Each branch will seek to limit the power of the other two branches to protect its own power. Not “efficient” but it makes tyranny less likely. • Montesquieu “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty. ” • Powers of each branch are outlined in Article I, II, & III of Constitution… EA branch has ability to put the other branch in check

Article I: Legislative • Sec. 1: Legislative powers lay in CONGRESS (2 houses) • Sec. 2: Terms, formal qualifications – House: 2 year terms, Minimum age of 25 years, Citizens at least 7 years, reelected every 2 years – Senate 6 year terms, Minimum age of 30 years, Citizens at least 9 years , reelected every 6 years • Sec 3: Rules of Congress…House of Reps has power of impeachment (Senate as Court) http: //www. biography. com/people/richard-nixon-9424076/videos/richardnixon-the-impeachment-process-12194883644 Example of Legislative “checking” Executive • Sec. 5 & 6: Getting paid, making their rules (what happens when someone’s absent, etc. ) • Sec. 7: How a bill becomes a law (Citizens influence policy Congress creates and funds policy implementation) – 2/3 rds vote in both House of Reps then Senate to become a law. (Must be presented to President)

Article I, continued • Sec. 8: ENUMERATED POWERS—listed congressional “chores”. These include: to lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy. • “To establish a uniform rule of naturalization”= the right to determine rules of citizenship. • Elastic or “necessary and proper” Clause: to make all laws “necessary and proper” to carry out the enumerated powers. These allows Congress to carry out IMPLIED POWERS… – EX: Mc. Culloch v. Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money. – Established Supremacy of Federal GOV & Constitution

Pair Share Directions: With your partner, discuss the following key terms. In your discussion, be sure to explain what the term means, why it’s significant, and how it connects to other key terms. You will grade each other on your ability to complete this in 10 mins! 1. 2. 3. 4. 5. 6. Montesquieu Hobbes Separation of Powers Federalist Paper 51 Enumerated Powers Implied Powers 1. 2. 3. 4. 5. 6. Human nature Popular Sovereignty Policy Implementation Mc. Culloch v Maryland Section 8 Checks & Balances

Article II: Executive • Sec. 1: “The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years…” (Chief executive makes sure laws are being executed) “The Buck Stops here” • Lists formal qualifications – 35 years or older – Must be born in America and resident for 14 years • Goes on to describe the electoral college. Each state elects an “elector”— they cannot be a Senator or hold a government office. When election time come, the electors of each state get together and vote for the president. The Senate counts all the electors votes and whomever gets the majority becomes president. – Founders didn’t trust “direct representation”…favored indirect so that in case majority of America chose to vote poorly, electors could step in. – Didn’t trust the people to vote intelligently & executive places a lot of POWER in 1 person

Overview of the 2000 Election George Walker Bush Richard Bruce Cheney Party: REPUBLICAN Home State: Bush - TX ; Cheney - WY Electoral Votes: 271 Popular Votes: 50, 456, 002 (47. 9%) Albert Arnold Gore, Jr. Joseph Isador Lieberman Party: DEMOCRATIC Home State: Gore - TN ; Lieberman - CT Electoral Votes: 266 Popular Votes: 50, 999, 897 (48. 4%)

Article II, continued • Sec 2: “commander in chief of the Army and Navy of the United States, and of the militia of the several states…” – Commander in Chief • Sec 3: “give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient…” – Chief Legislature • Sec 4: impeachment …”shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ”

Article III: Judiciary • Related to Federalist Paper 78 – Outlined purpose of Judiciary Branch: Supreme Court – Appointed for life by president – Life tenure prevents tyranny of majority over minority, as well as other outside influences bc judges don’t worry about re-election or public opinion. Supreme Court They judge the Constitutionality of laws (if the law violates or adheres to the Constitution). – Happens when laws conflict between • state-state • citizen-state • Citizen-citizen – They make decisions=opinions that… – Set precedent=establish the meaning of the constitution by judging what laws are constitutional

Article VI: Supremacy Clause • Article VI states, “…This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made…shall be the supreme Law of the Land…” This establishes the supremacy of the Federal law (supposed to be based on the Constitution), which is the “supreme law of the land. ” • Federal law supersedes state law when conflict exists. • However, this can cause tension between the state and federal government.

Big Idea 4: Federalism • Federalism: A system of government in which power is divided between a central authority and constituent political units • How does is cause tension between the state and federal Gov. ? • Remember Mc. Culloch v Maryland? Massachusetts vs. Federal Gov – ON ONE HAND, 10 th Amendment: recognizes the powers of the state governments. • “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. ” – ON THE OTHER HAND, the supremacy clause (Article VI) gives federal law supreme power • “supreme law of the land. ”

Example… • Federal law bans marijuana as a controlled substance, and the Supremacy Clause in of the Constitution makes federal law superior to state law. • However, in CA, medical marijuana is legal (SB 420). – Hypothesize: How do you think this creates tension? http: //www. pbs. org/tpt/constitution-usapeter-sagal/classroom/episode-1 federalism/

Exit Ticket Key Terms 10 th Amendment Answer the questions below on a separate Implied powers sheet. Use at least 6 key terms total. Enumerated Powers Supremacy Clause (Art. 1. What is Federalism? Give a specific VI) example of Federalism in action, Judiciary including how it creates tension Separation of Powers between the federal and state gov. Impeachment 2. How do branches of government Mc. Culloch v Maryland Electoral College keep each other in check? Give a Federalist Paper 51 specific example. Federalist Paper 78 3. How are representatives are Civic responsibility beholden to their constituents? Terms 4. Do you think our representation is Incumbency direct enough? Why or why not. Checks & Balances Bills/laws