Chapter 3 Constitution Historic Roots of the Constitution

Chapter 3 Constitution

Historic Roots of the Constitution! • Colonists FEAR a Tyrant • Solution: Separation of powers • A REPUBLIC is created… Voters authority through elected representatives • Must Have? • Informed and active citizens for this to work!

Structure of the Constitution • Preamble • Articles • I, III, IV, V, VII • Amendments • 1 -27 7, 000 words with Major Principles limited government federalism NOT = to federal government (Washington DC) national + state powers- both pass laws directly separation of powers checks and balances judicial review popular sovereignty

Exit Slip • What did you learn today?

Legislative branch • Article I section 8 expressed powers- directly stated what congress can do • Enumerated powers- specified by numbers 1 -18 • Elastic clause- Congress allowed to stretch its powers to meet the needs of situations that Founders could not anticipate “all laws necessary and proper”

Executive Branch The president has 8 roles or “hats” for our country. (See quizlet flashcards) Because of these duties the president needs a cabinet and staff Federal bureaucracy is all of the executive branches employees

Amending the Constitution • “We must never forget that it is…a Constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs. ” – John Marshall 1819

Proposing Amendments – DIRECT amending 2/3 vote in the House and Senate Or 2/3 states to ask Congress for a special convention 1963 states petition (to appeal to) Congress about a Supreme Ct case about state elections • 1980 s states petition about balanced budget amendment- federal spending cannot exceed its income • •

Ratifying • ¾ states house and senate (Frankfort, KY) pass • States hold a special convention ¾ convention passes • 21 st amendment only • Congress lets each state decide how delegates would be elected to the ratifying convention • The time limit for states to ratify an amendment is 7 years; if time expires the whole ratification process is dead

Indirect ways the Constitution Changes • Congress passes laws that clarify the constitution • Examples: Article 1 Congress “lays and collects taxes” • Article II expanded executive branch (cabinet, boards, commissions called…? ) • Article III as the nation expanded, Congress created new federal courts and rules

Indirect changes • Impeaching federal officials “high crimes and misdemeanors” • By deciding to investigate or impeach, Congress is changing the constitution • 60 people have been investigated including Andrew Johnson, Richard Nixon, Bill Clinton

Informal Presidential Changes • President dies… • VP takes over… • Do they become president or act as president? • William Henry Harrison died 1841 in office, VP John Tyler took oath, 25 th amendment establishes order • Executive agreement is a way to get around Senate approval of a treaty between countries because it is merely an agreement between heads of states • Presidents are aggressive in requesting legislation from Congress aka Obamacare

Court Decisions • Judicial restraint- courts should avoid taking initiative on social and political issues • Judicial activism- believe the courts should actively help settle the difficult social and political questions of the day. • Plessy v Ferguson; Brown v. Board

Ratifying the Constitution • The constitutional convention needed to be approved by 9/13 states to become “law” • How did approval process for ratifying differ from altering the Articles of Confederation? Federalists Favored constitution (merchants) 1) w/o strong national govt. anarchy; protect abroad +internal issues. 2) 8/13 already had Bill of Rights in state constitutions. Promise to add Bill of Rights when govt. meets Anti. Federalists Opposed constitution (farmers/laborers) 1) drafted in secret- extralegal- not sanctioned by law; Congress approved revised Articles not thrown out. 2) took important powers from states. 3) lacks bill of rights! New Constitution!!!

Progress towards ratification • Small states happy w/equal rep in new Senate • Virginia and new York were not needed in # but in influence… “for Constitutional success” • Washington 1 st president, Adams VP- NYC • Proposed 12 amendments- states ratified 10 - called…

8 Amendments of the Bill of Rights • 8 groups • 1) analyze- why is it important? • 2) write in your own words • 3) illustrate…that’s a picture • 4) how it impacts our lives today To study http: //quizlet. com/4420202/first-8 -amendments-flashcards/