• Read the quote on pg 248 by Barbara
Jordan. What does she mean?
• Copy the diagram on the board into your
notebook-TAKE AN ENTIRE PAGE.
The Constitution
.
It is the legal framework, how our
government works-the rules, how
the government is organized and
run.
We the people……..



The Living Constitution
The Constitution was written somewhat
vague to make it flexible to adapt to the
times.
It is to be interpreted by the Supreme
Court, so it reflects each era.
What does this mean?


Changeable, but it is not easy
Is this a good thing?
Popular Sovereignty

A government in which the people rule.
Constitutional Democracy

Follows the will of the majority while
protecting the rights of the minority.
The Preamble


The Preamble is the 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 of the United States of America.
Terms & Requirements
Three Branches of Government

The Legislative Branch

Make the Law

Executive Branch

Enforce the Law

Judicial Branch

Interpret the Law
The House of Representatives
435 members
based on population


Introduce Tax Bills
Impeach a President or Judge
The Legislative Branch
The Senate


1. Ratify Treaties


2/3 majority
2. Remove President after impeachment


17th Amendment-elected by people of each state.
2/3 majority
3. Confirm



Federal Judges
Cabinet members
diplomats
Requires both the House and
Senate




1.
2.
3.
4.




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
5.
6.
7.
8.
9.

Set rules for Congressional elections
Introduce and pass laws
Introduce and pass spending bills
Override Presidential Veto
2/3 majority of both the House and Sentate
Regulate Trade
Pass laws concerning naturalization-citizenship
Declare War
Create and Support Military
Elastic clause
Congress can grant itself powers as needed.
Powers of the Government
Executive Branch

Enforce the Law

Commander and Chief

-Head of the Armed Forces




Appoint Federal Judges
Appoint Cabinet Members
Veto Congressional Bills
Pass Executive Acts
 Negotiate
Treaties
 Dictate Foreign Policy
 Chief Executive

run country on day to day basis
 Grant

Pardons
-forgive any crime
Impeachment
 House can impeach a Judge or
President
 House determines that President has
committed a crime. Brings charges
against the President or Judge.
 If House votes for impeachment with a
simple majority the case is sent to the
Senate for trial
Impeachment
 The Senate acts as the Jury with the
Chief Justice of the Supreme Court as
the Judge
 The Senate can remove the President or
Judge with a 2/3 majority
Impeachment
 Two Presidents have
been impeached
 Bill Clinton -1998
 Andrew Johnson
1868
 NO President has
ever been removed
Powers of the Government
Judicial Branch


Interpret the Law
The Supreme Court




Rule on Constitutionality of
Congressional Acts
Rule on Constitutionality of Executive
Acts
Rule on Constitutionality of Lower Court
Decisions—Interpret Laws
Settle disputes between States
Presidential Elections




Electoral College
Each state is allocated the
numbers of Electors equal to the
number of House members plus
number of Senate members.
Winner take all except:
Neb & Maine-2 statewide +
congressional districts

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Candidates must win an absolute majority50% +1
270 Electoral votes
If not---Goes to House—select between top 3 candidatesMajority
Still not: V.P. goes to Senate-top 2 candidates-Majority
Pres. Doesn’t have to win 50% of pop vote
Has happened 15 times in history including the last 3 of
the last 4 elections.
Pres. doesn’t have to win Popular vote to be
Pres.
• Historical:
• 1800-Thomas Jefferson vs Aaron Burr both same party- 1st Pres2nd VP
•
Tied—went to House—36 votes picked Jefferson
•
12th Amendment
• 1824-Multiple contenders
•
-no one got 50%
•
Andrew Jackson
•
Henry Clay
•
John Quincy Adams
•
William Crawford
•
House picks John Quincy Adams
•
1st non pop elected pres (many states pick by
state leg)
• 1876-Samuel Tilden (NY), Rutherford B. Hays (Ohio)
• Problems in S.C, Lou, and Florida
– sent in conflicting Electoral counts
• 15 person committee set up by Congress—
•
selected Hays-Electors
• 1887—Power went to states
• 1888-Benjamin Harrison won with less
than majority popular vote, vs Grover
Cleveland
• 2000-Bush vs Gore came down to maybe
less than 100 votes in Florida
• Bush probably did not win Pop. Vote but
won Electoral College
• Is the Electoral College a good idea, or
should we vote directly for President?