THE CONSTITUTION
Chapter 3
Bellwork
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

What is a
Constitution?
Why do nations have
Constitutions?
Can you think of a
current event that
directly is linked to
the Constitution?
The Constitution
Structure and Principles
I.
Compared to other Constitutions, the US
Constitution is simple and brief, making it very
vague on many issues.
It was made this way because the Founders
knew times would change, and they could not
create a document set in stone that would last.
Three Parts:
I.
II.
III.
I.
II.
III.
Preamble
Articles
Amendments
Video– Barney Fife
The Constitution

The Preamble


Introduction to the 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.
The Constitution

The Articles
 Seven

articles in the Constitution
Each covers a general topic
 Article
I– Legislative Branch
 Article II– Executive Branch
 Article III– Judicial Branch
 Article IV– Relationship of states and federal gov’t
 Article V– Explains amending the Constitution
 Article VI– Established Constitution the Supreme Law
 Article VII– Ratification of Constitution
The Constitution

The Amendments
 The
Constitution has 27
amendments, or changes
that have been made since
its creation.
 Amendments created to
respond to the vagueness
of the Constitution, as well
as changing times.
The Constitution

Six Major Principles in the Constitution
 Popular
Sovereignty
 Federalism
 Separation of Powers
 Checks and Balances
 Judicial Review
 Limited Government
Bellwork

What is the basic structure of the US
Constitution? Describe each part, and its
relevance.
The Constitution

Six Major Principles
in the Constitution
 Popular
Sovereignty
 Federalism
 Separation of Powers
 Checks and Balances
 Judicial Review
 Limited Government
The Constitution

1. Popular Sovereignty

Rule by the people– the people are the source of
government power.

“Consent of the Governed” (John Locke)
In America, the people do not directly rule, but rather give
their consent for others to rule for them.

Government is to be responsive to the will of its people.

The Constitution

2. Federalism
 Federalism: System of governance where the
powers to govern are shared between the
national government and the state/local
governments.
 National government reigns supreme BUT
is not absolute over the states.
 10th
Amendment– States powers not granted to
the national gov’t nor prohibited to the states are
reserved to the states and to the people.
The Constitution

3. Separation of Powers
The Constitution limits the central government by
dividing power among the three branches. Under
separation of powers, each branch has its
responsibilities, a system the founders hoped
would prevent any branch from gaining too
much power.
 The three main functions of LAW (Legislative
Power, Executive Power, Judicial Power) MUST be
separate AND equal.
 One branch must NOT be dependent on either
of the others to prevent tyranny.

The Constitution
Executive
Branch
Enforce
Laws
Judicial
Branch
Reviews
Laws
3
Branches
of Gov’t
Legislative
Branch
Make
Laws
The Constitution

4. Checks and Balances

To the principles of separation of powers the
Founders added a system of checks and balances,
whereby each branch of government exercises
some control over the others.
 Each
of the three branches of government MUST
have powers over the other two.
 Prevents any one branch from dominating
POLICY MAKING in the government.
 Example–
Congress (Legislative Branch) can create a
law, but the President can veto the law (Executive
Branch).
The Constitution

5. Judicial Review
Courts have power to declare are laws and
actions of Congress and the President
unconstitutional.
 Because the Constitution is the supreme law of the
land, acts contrary to it must be void.

 Judicial
Branch (Courts) MUST have the authority
to interpret laws passed by legislature AND the
methods of enforcement by the executive.

This was established in Marbury v. Madison in1803.
The Constitution

6. Limited Government
 The
Constitution limits the powers of government
by making explicit grants of authority, as well as
specific restrictions on the Government…
therefore it says what the government can and
CANNOT do.
 Government does NOT have absolute power over
the people.
 Bill of Rights– defines more clearly what the
government can or cannot do.
Exit Slip


Looking at the six principles, rank them from
most important to least important
(according to YOU), and explain.
Here are some guiding questions:
 What
principle(s) do you think are key to the
stability of America?
 What principle(s) would you be willing to go headto-head with the government over?
 Are any of the principles are working today?
OTHER STUFF (EXTRA,
BELLWORK IDEAS, ETC)
Bellwork

Columbus Day– Reading and Questions

Today:
 Turn
in last week’s bellwork
 Show students grades and/or missing work
 Pass out papers
 5K Information
 Three
Branches of Government
Bellwork



Name the three
branches of
government.
Who makes up the
three branches?
If you had to choose,
what branch of
government would you
join? Why? Explain.
Bellwork

Yesterday you worked on the handout,
“The Constitution in Depth”– now referring
to that handout, answer the following
questions:
 1.
How many articles does the Constitution have?
 2. What is the supremacy clause?
 3. What is the elastic clause?
 4.What did the Supreme Court case McCulloch v.
Maryland establish?
The Constitution

The Articles
 Seven

articles in the Constitution
Each covers a general topic
 Article
I– Legislative Branch
 Article II– Executive Branch
 Article III– Judicial Branch
 Article IV– Relationship of states and federal gov’t
 Article V– Amending the Constitution
 Article VI– Established Constitution the Supreme Law
(Supremacy Clause)
 Article VII– Ratification of Constitution
The Constitution

Article 1: Legislative Branch (Congress)
 Expressed
Powers– powers stated directly in the
Constitution.
 Enumerated Powers– the numbered powers
given to the legislative branch (1-18).
 Economic
 Elastic
legislation, defense legislation, etc.
Clause– gives Congress right to makes
all laws “necessary and proper” to carry out all
other powers (stretches the powers of Congress).
 McCulloch v. Maryland– Solidified elastic clause
(broad interpretation of the clause).
The Constitution

Article 2: Executive Branch (Pres and VP)
 Constitution
very vague with powers given to the
President and VP.
 President's “Wild-Card”– Stating,“ the executive
Power shall be vested in a President of the United
States of America.”
 Constitution does list 10 very specific powers
given to the President of the United States:
The Constitution

Powers directly listed for President:
Commander in chief of the armed forces and state militias when
they are called into service.
 Appoints (with senate consent) heads of exceptive departments
 Pardon People convicted of federal crimes, except in cases of
impeachment, or reduce a person’s jail sentence or fines
 Makes treaties with the advice and consent of the Senate
 Appoints ambassadors, federal court judges, and other top
officials, with Senate consent
 Delivery annual State of the Union Address to Congress
 Call Congress into special session
 Meets with heads of state, ambassadors, and other foreign
officials
 Commissions all military officers
 Ensures that the laws Congress passes are “faithfully executed”

The Constitution

Article 3: Juridical Branch (Supreme Court)
 Constitution
creates the Supreme Courts and
other “inferior courts”
 Jurisdiction play a key role in the court system
 Marbury v. Madison– established judicial
review (or the idea the Supreme Court decides if
laws or actions are constitutional.)
The Constitution

Article 5— Amending the Constitution
 Usual
 1.
Amendment proposed by Congress:

 2.
process:
2/3 votes needed in each house to pass and move
forward
Amendment ratified by:

3/4 of the 50 states legislatures

New Amendment!
 Judicial
Activism: idea the courts should play a
role in shaping the nations polices.
Bellwork

From yesterday’s
reading, re-answer the
question below:

Do you think the President
of the United States
should have the power to
pardon? Yes or no, and
explain your answer. Use
supporting detail from
your reading to back up
your answer.