U.S. Constitution - Rachel Calayag's 8.7NG Constitution Quest (PDF)

The U.S. Constitution The Constitution of the United States of America The U.S. Constitution was drafted by the 55 delegates who attended the Constitutional Convention in Philadelphia. One of the main contributors was James Madison, who earned himself the nickname “Father of the Constitution.” The...

The U.S. Constitution The Constitution of the United States of America The U.S. Constitution was drafted by the 55 delegates who attended the Constitutional Convention in Philadelphia. One of the main contributors was James Madison, who earned himself the nickname “Father of the Constitution.” The delegates signed the new constitution on September 17, 1787. Today, September 17th is celebrated each year as “Constitution Day.” According to the Supremacy Clause, the U.S. Constitution would be the “supreme law of the land,” meaning no state laws could take action against the constitution or pass laws to contradict it. The Constitution is considered a living document in that it can be amended, or changed, to adapt to the needs of an ever-changing society. Amendments are official changes made to the U.S. Constitution. It requires a 2/3 vote in both houses of Congress to amend the document. The Constitution has been amended 27 times. The U.S. Constitution begins with a preamble, or introduction. It begins with the phrase “We the People,” which immediately outlines the right of the people to govern themselves. It is the people who give the U.S. Government, via the Constitution, power to rule over them. The preamble goes on to list the six goals for the new government Reading of the Checkpoint: Who United is the source States. of the government’s power? Which phrase indicates it? The source of the government's power is the people. The phrase that indicates it is, “It is the people who give the U.S. government, via the constitution, power to rule over them”. The Preamble “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.” According to the preamble, what are the 6 goals for and functions of the new U.S. government? (Description) List them below as they appear in the preamble. Under the AoC, the states functioned like independent nations, often disagreeing on defense and finances. To form “a more perfect Union,” the Framers believed the states needed to agree to operate as a single country and cooperate. 1. In order to form a more perfect union Treating each citizen equally was a fundamental principle. The Constitution provides a national system of courts to protect the people’s rights and to hear cases involving violations of the law. 2. Establish Justice Shays’s Rebellion in 1786 shocked Americans. The Constitution seeks to keep peace among the people. 3. Insure domestic Tranquility Under the AoC, the nation’s defense depended on state militias. The Constitution gives the federal government power to maintain armed forces to protect the country and its citizens. 4. Provide for the common defense The Declaration of Independence states that the purpose of government is to promote “Life, Liberty, and the pursuit of Happiness” for the people of the nation. The Constitution includes ways to secure the well-being of the people by maintaining order, protecting individual liberties, regulating commerce, and promoting science and technology by 5. Promote the General welfare granting patents. The Framers believed that preserving liberty should be a major goal of the Constitution. The Constitution guarantees 6. And secure the Blessings of liberty to ourselves and our that no American’s basic rights will be taken away. posterity The Articles The Constitution is divided into seven articles that outline the functions and responsibilities of the new U.S. government. Articles I, II, and III set up the three branches of the federal government. Article I outlines the roles, responsibilities, and rules for the bicameral Legislative Branch. Article II details the new Executive Branch, while Article III establishes the Judicial Branch. The distinction between the branches is based on the idea of separation of powers, originally proposed by Enlightenment thinker Baron de Montesquieu. By separating the powers of government, the Framers hoped to prevent an abuse of power by one person or group of people. Though separate and distinct, the three branches were also provided powers to check that of the other two. The intricate system of checks and balances prevents one branch from abusing its power. Article IV of the Constitution lists powers reserved for the states and lays out a plan for establishing new states. The process for amending, or changing, the Constitution is detailed in Article V, while the aforementioned Supremacy Clause can be found in Article VI. Finally, Article VII details the process of ratification, or approval of the new constitution. The new document would only take effect after being ratified by 9/13 states. Reading Checkpoint: Who originally proposed separation of powers? How did it help prevent tyranny? Baron de Montesquieu proposed the separation of powers, it helped prevent tyranny by making sure the three branches were provided powers to check that of the other 2, the system of checks and balances prevents one branch from abusing its power. The Articles The U.S. Constitution has 7 articles (or sections). Drag & drop the tiles to match the correct description with the each article. Use the reading on the previous slide (Slide 4) to match them. Article I Role & responsibility of Legislative Branch Article II Role & responsibility of Executive Branch Article III Role & responsibility of Judicial Branch Article IV State’s rights & Establishment of new states Article V Amendment Process Article VI Supremacy Clause Article VII Ratification Process  CLICK HERE FOR ARTICLE Making the nations laws Has the power to control government spending Declare war 100 435 6 2 years 30 years 25 years Impeachment is bringing formal charges against any federal officials if suspected of any wrongdoing. When impeached, senate acts like court and puts the official on trial. Impeached are found guilty with ⅔ votes of the Senate, and if found guilty they will be removed from office. When a committee “pigeonholes” a bill, they reject it by putting it to the side without actually thoroughly reviewing it. They also don’t prepare it for consideration by the full House or Senate.  CLICK HERE FOR ARTICLE The president, Vice president, executive offices, departments, and agencies are included in the The primary role is to enforce the laws. executive branch. The president is responsible for carrying out the nations laws The president can’t declare war but use military to intervene or offer help in crisis situations for up to 60 days. The president represents all americans. Proposes laws to congress and works for their passage. 4 years 2 terms 35 years Natural-born  CLICK HERE FOR ARTICLE The appeals courts reviews district court decisions where losing side has asked for a review of the decision. If an appeals court disagrees with the lower court's decision, it can either overturn the verdict or order a retrial. Chief Justice Life (with good behavior) 9 The three decisions are deciding which cases to The Supreme Court, under Chief Justice John hear from among thousands appealed each year, Marshall, first assumed the power of judicial review in deciding the verdict, and determining an the case of Marbury v. Madison (1803). Since then, the explanation for the decision, called the Court’s Court has invalidated, or canceled, nearly 200 opinion provisions of federal law. In the case, Plessy v. Ferguson they decided that segregation was constitution as long as equal facilities were provided for both races. In the case Brown v. Board of Education they decided that segregation in public schools was unconstitutional. The Brown decision was the opposite of the Plessy decision. The Brown decision also ended segregation of schools throughout the nation. 7 Major Principles The U.S. Constitution was built upon 7 key principles. Certain concepts such as republicanism, popular sovereignty, and individual rights had always been important to Americans (even when they were still under British rule). Other principles like limited government and federalism were built into the Constitution as reactions to the failures of the Articles of Confederation. Finally, the Framers included Enlightenment ideas like separation of powers and checks and balances to help ensure the federal government did not become overly powerful and take on additional, ungranted powers. You will read more about each of these key principles on the next slide. Reading Checkpoint: Why do you think individual rights become more of a concern during the pre-Revolutionary era? I think individual rights became more of a concern during the pre-Revolutionary era because they felt their rights were being violated by British policies like taxation without representation, restrictions on trade, and the Quartering Act, which forced them to house British soldiers. 7 Major Principles Drag & Drop Description Matching Tile Descriptions Popular The Declaration of Independence states that governments derive their powers from “the consent of the governed.” The People are the source of the Sovereignty opening words of the Constitution, “We the people,” reinforce this idea of popular sovereignty—or authority of the people. government’s power Republicanism Voters hold power. The people choose their representatives in government. Today, the terms republic and representative People elect their political democracy mean the same thing: system of limited government where the people are the ultimate source of power. representatives Limited The nation needed strong central authority but Framers feared misuse of power. By creating a limited government, they The Constitution limits the Government made certain the government would have only those powers granted by the people. The Constitution lists powers the government has and the powers that it does not have. Other limits appear in the Bill of Rights, which guarantees certain actions of government by liberties to the people. Limited government can be described as the “rule of law.” No people or groups are above the law. specifically listing powers it Federalism In this system the power to govern is shared between the national government and the states. It allows each state to deal does & does not have with its own needs, and at the same time, lets states act together to deal with national matters. The Constitution defines three types of powers. Enumerated powers belong only to the federal government (power to coin money, regulate A system of government interstate and foreign trade, maintain armed forces, and create federal courts). Powers retained by the states are where power is divided reserved powers which include the power to create schools, pass marriage laws, and regulate trade within a state. The third set are concurrent powers, powers shared by state and federal governments, such as taxing or borrowing money. between national and state governments Separation of To prevent any group from gaining too much authority, the Framers divided the federal government into three branches. Powers The three branches are the legislative, the executive, and the judicial. Each branch has its own functions and powers. The legislative branch, Congress, makes the laws. The executive branch, headed by the president, carries out the laws. The Each of the three branches judicial branch, consisting of the courts, interprets and applies the laws. of government has its own Checks and Each branch can check, or limit, the power of the others. For example, the legislative branch can pass a law. Then the responsibilities Balances executive, headed by the president, can reject the law by vetoing it. However, Congress can override, or reverse, the veto if two-thirds of Congress votes to approve it. Over the years, the Supreme Court has acquired the power to determine the Each branch of government meaning of the Constitution and can declare that a law or government policy is unconstitutional (called judicial review). In doing so, the Court can check the power of Congress and the president. Judicial decisions can be overruled by amending holds some control over the the Constitution. The president and Senate provide a check on the judiciary by appointing and approving new judges. other two branches Individual Rights The Bill of Rights became part of the Constitution in 1791. These first 10 amendments protect basic liberties and rights Basic liberties and rights of such as freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. The 17 amendments that follow expand the rights of Americans and adjust certain provisions of the Constitution. Included among them are all citizens are guaranteed amendments that abolished slavery, guarantee the right to vote to all citizens, and set a two-term limit on the presidency. in the Bill of Rights 7 Major Principles THE 7 PRINCIPLES PROTECT… Drag & drop the tiles to organize the seven constitutional principles into the chart below. Which principles help protect from tyranny (4) & which principles help protect individual rights (3)? FROM TYRANNY PEOPLE’S RIGHTS Tyranny = Cruel, oppressive, overly powerful government Checks & Balances Federalism Individual Rights Republicanism Limited Government Separation of Powers Popular Sovereignty 7 Major Principles - FEDERALISM DBQ: Which of the enumerated powers do you think is most DBQ: Which of the reserved powers do you think is most important for the federal government to have? Why? important for states to maintain control over? Why? I think the most important enumerated power is conducting foreign affairs I think the most important reserved power is establishing local government because the federal government would be able to form alliances and start systems because they can ensure they address specific needs and trade with foreign by importing and exporting trade. concerns around the community 7 Major Principles - CHECKS & BALANCES DBQ: How can the President check the DBQ: How can the Supreme Court DBQ: How can Congress check the powers of Congress? check the powers of Congress? powers of the chief executive? Can veto laws. Declare laws as unconstitutional Can impeach the president The Amendments Article V details the process for amending, or changing, the Constitution to adapt to the needs of a changing society. Since being written in 1787, the Constitution has been formally amended 27 times. The first 10 of the amendments were passed together in 1791 and are called the Bill of Rights. The Bill of Rights guarantees the basic rights of individuals and states. Reading Checkpoint: Which of the first 10 amendments in the Bill of Rights was likely written in response to British abuses before the Revolution? Explain. I think the amendments that were likely written in response to British abuses were 3 and 4 because it’s probably in response to the Quartering Act. In addition, 1, 2, 5, and 9 are related to the Townshend Acts. The Amendments Drag & drop the tiles to correctly order the 27 amendments of the US Constitution. You will need to research the amendments in order to complete this activity. BILL OF RIGHTS Civil Rights: Freedom of speech, press, Immunity of states from legal suits of Repeals prohibition & resinstates sale and 1. 11. 21. religion, assembly, & petition non-citizens consumption of alcohol Separate ballots to elect President & Vice 2. Right to bear arms & establish state militias 12. 22. Two term limit for President President Provides presidential electors for District of 3. No quartering (housing) of soldiers 13. Abolition of slavery 23. Columbia (Washington, D.C.) 4. No unreasonable search & seizure 14. Granting of rights to born & naturalized 24. No poll taxes citizens of the US Rights of the accused (no double jeopardy Right to vote for all men which shall not be Procedures for Presidential succession in 5. 15. 25. the event of death, injury, or resignation or self-incrimination) denied due to race, color, or occupation 6. Right to speedy & public trial by jury 16. Congress can impose income taxes 26. Voting rights for citizens 18 and older 7. Right to a trial by jury 17. Direct (or popular) election of state 27. Restrictions on Congressional salary Senators increases 8. No excessive bail or cruel & unusual 18. Prohibition makes productions, sale, and punishment consumption of alcohol illegal 9. Powers reserved for the people 19. Women's suffrage (voting right) 10. Powers not expressly given to the federal 20. Newly elected Presidents take office government are given to states & citizens January 20th (shortens “lame duck” period)