Chapter 3

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Chapter 3: The Constitution Section 1

Transcript of Chapter 3

Page 1: Chapter 3

Chapter 3: The ConstitutionSection 1

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Copyright © Pearson Education, Inc. Slide 2Chapter 3, Section 1

Objectives

1. Understand the basic outline of the Constitution.

2. Understand the six basic principles of the Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

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Key Terms

• popular sovereignty: the political principle that people are the source of all governmental power and that government requires the consent of the governed

• limited government: the idea that government may only do those things that the people have given it the power to do

• constitutionalism: the idea that government must be conducted according to constitutional principles

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Key Terms, cont.

• rule of law: the principle that government and its officers must always obey the laws of the land

• separation of powers: the principle that each of the basic powers of government—executive, legislative, and judicial—should be wielded by an independent branch of government

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Key Terms, cont.

• checks and balances: the system under which each branch of government can check, or limit, the actions of the other branches

• veto: to reject an act of Congress• judicial review: the power of a court to

determine whether a government action is constitutional or not

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Key Terms, cont.

• unconstitutional: in violation of a provision of the Constitution, and therefore illegal and of no effect

• federalism: the principle that political power should be divided between a central government and a number of regional governments

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Introduction

• What are the six main principles on which the Constitution is based?

– Popular Sovereignty– Limited Government– Separation of Powers– Checks and Balances– Judicial Review– Federalism– The Constitution embodies these key principles along

with describing the basic structure of our government.

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Outline of the Constitution

• The Constitution is organized in a simple fashion and is fairly brief.

– In many areas it focuses more on principles than specific details. This helps it guide the nation through changing times.

– The seven articles are followed by the 27 amendments.

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Popular Sovereignty

• The principle that the people are the only source for all governmental power.

– The government rules through leaders elected by the people to represent the people.

– The Preamble notes that the Constitution is created by “We the People.”

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Limited Government

• Government may only do those things the people have given it the power to do.

– Government must obey the law.

– Much of the Constitution spells out limits on the power of the government.

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Separation of Powers

• Checkpoint: How does the separation of powers keep government from becoming too powerful? – The Constitution divides power among the legislative,

executive and judicial branches.• Congress makes the laws, the President executes and

administers the laws, and the Supreme Court interprets the laws.

– Separation of powers keeps a strong central government from being too powerful.

• Too much power concentrated in any one branch could lead to abuses of that power.

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Checks and Balances

• Each branch of the federal government can check the power of the other two.– The President can veto bills passed by Congress, but

Congress can override a veto.

– The Senate can reject presidential appointees or refuse to ratify a treaty.

– Congress can vote to impeach a federal official.

– The federal courts can rule that executive and legislative acts are unconstitutional.

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Checks and Balances, cont.

• The use of checks is fairly rare.– Compromise is more

common– Conflicts more likely

when Congress and the presidency are controlled by different parties.

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Judicial Review

• The Courts can decide if a government action is constitutional.

– The power of judicial review is held by all federal courts and most state courts.

– Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case Marbury v. Madison in 1803.

– Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years.

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Federalism

• Federalism is a compromise between an all-powerful central government and an independent state government.

– It corrected the weaknesses of the Articles of Confederation without replacing them with a British-style monarchy.

– The Framers felt that too much governmental power threatened liberty.

– Federalism helps prevent that power from being abused, by dividing governmental power.

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Federalism, cont.

• The Constitution divides power among the State and Federal Governments.– Why might the Constitution give the power to regulate

trade among the States to the Federal Government?

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Review

• Now that you have learned about the six main principles on which the Constitution is based, go back and answer the Chapter Essential Question.– How has the Constitution lasted through

changing times?

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Chapter 4: FederalismSection 1

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Objectives

1. Define federalism and explain why the Framers chose this system.

2. Identify powers delegated to and denied to the National Government, and powers reserved for and denied to the States.

3. Explain the difference between exclusive and concurrent powers.

4. Examine the Constitution as “the supreme Law of the Land.”

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Key Terms

• federalism: a system of government in which a written constitution divides power between a central government and several regional governments

• division of powers: assigning some powers to the federal government and others to the States

• delegated powers: powers granted by the Constitution

• expressed powers: powers specified clearly in the Constitution

• implied powers: powers not specifically mentioned, but suggested by the expressed powers

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Key Terms, cont.

• inherent powers: powers that belong to all independent national governments

• reserved powers: powers not given to the national government or denied to the States

• exclusive powers: powers that can only be used by the national government

• concurrent powers: powers shared by the national and State governments

• Supremacy Clause: the provision declaring the Constitution to be the supreme law of the land

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Introduction

• How is power divided between the Federal Government and the States?

– Certain exclusive powers, such as the power to coin money, are exercised only by the federal government.

– Reserved powers, such as the power to establish public schools, are exercised only by the States.

– Concurrent powers, such as the power to tax, are shared by the States and the federal government.

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Federalism

• The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty.

• The Constitution divides power between the federal government and the States through federalism.

– Federalism creates two basic levels of government that overlap.

– Each level has some powers denied to the other level.

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Federalism, cont.

• Federalism allows local governments to handle local concerns while the national government deals with national issues.

– This gives each of the States some flexibility when dealing with challenges.

– Successful State programs, such as welfare reform, can influence national policies as well as policies in other States.

• Federalism also lets the nation respond in a united way to serious crises like war or natural disasters.

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Expressed Powers

• The congressional powers specified in the Constitution in Article I include the power to coin money, raise armed forces, and levy taxes.

• Other expressed powers are granted to the President in Article II and the Supreme Court in Article III.

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Implied Powers

• Checkpoint: Why is the Necessary and Proper Clause sometimes referred to as the Elastic Clause?

– The Necessary and Proper Clause gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations.

– Congress exercises many implied powers that are based upon its expressed powers. These implied powers include building the interstate highway system and banning racial discrimination in public places.

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Inherent Powers

• Every national government has certain powers, called inherent powers. These inherent powers are not based on the Constitution.

• Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy.

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Denied Powers

• The Constitution denies certain powers to the federal government.

– Some powers are specifically denied, such as the power to prohibit freedom of religion, speech, press, or assembly.

– Other powers, like creating a national school system, are denied because they cannot be based on expressed powers.

– Finally, the national government cannot have powers that would undermine the existence of the federal system.

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State Reserved Powers

• The 10th Amendment reserves to the States all powers not given to the federal government or denied to the States.

– These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare.

– State and local governments use the huge scope of the reserved powers to perform many of their daily actions.

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State Reserved Powers, cont.

• Issuing driver’s licenses is a power reserved to the States.– Most States require a

written, on-road, and vision test.

– The age at which teenagers can get a license and the rules new drivers must follow vary from State to State.

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Powers Denied the States

• The Constitution specifically denies some powers to the States. – Some of these powers are also denied to the federal

government.– Other powers denied to the States are exclusive to

the federal government. For example, States cannot tax imports or coin money, but the federal government can.

• The States are denied some powers by the nature of the federal system.– No State can tax the federal government or regulate

interstate trade.

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Concurrent Powers

• Concurrent powers are shared by the federal government and State governments. They allow the federal system to function.

• They include all powers not exclusive to the

national government or denied to the States.

– Local governments use these powers only with the permission of their State.

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Sharing Responsibility

• Some powers are exercised by both levels of government, as you can see in the circle.– Why do both

levels of government have the power to establish law enforcement agencies?

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Supreme Law

• The Constitution is the supreme law of the land, standing above all treaties and acts of Congress.– Below these federal laws come State laws.

• In a federal system, State and federal laws sometimes conflict.

• The Supreme Court settles conflicts between State and federal laws.– The Court can rule a State or federal law to be

unconstitutional.

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Supreme Law, cont.

• In the 1819 case McCulloch v. Maryland, the Court ruled that when federal and State laws conflict, the federal law wins if it is constitutional.

• How does the disastrous result in this cartoon illustrate the Supremacy Clause?

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Review

• Now that you have learned about how power is divided between the Federal Government and the States, go back and answer the Chapter Essential Question.– Is the federal system the best way to govern

the United States?

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Chapter 3: The ConstitutionSection 2

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Objectives

1. Identify the four different ways by which the Constitution may be formally changed.

2. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty.

3. Understand that several amendments have been proposed, but not ratified.

4. Outline the 27 amendments that have been added to the Constitution.

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Key Terms

• amendment: a change to the written words of the Constitution

• ratification: the act of approving a proposed amendment

• formal amendment: one of four ways to change or add to the written language of the Constitution

• Bill of Rights: the name given to the first ten amendments to the Constitution, which guarantee many basic freedoms; all ten amendments were ratified in 1791

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Introduction

• How has the Constitution been amended through the formal amendment process?– The majority of amendments have been

proposed by a two-thirds vote of Congress and ratified by three-fourths of the state legislatures.

– An amendment can also be ratified by state conventions held in three fourths of the states. This has only happened once.

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Changing with the Times

• The amendment process allows the Constitution to adapt to the changing needs of our nation and society.

– The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million.

– Portions of the Constitution have been added, deleted, or altered as a result of amendments.

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The Amendment Process

• Article V of the Constitution describes the amendment process.

– Amendments may be proposed:

• By a two-thirds vote of each house of Congress. [Done for 26 of 27 amendments.]

• By a national convention called by Congress at the request of two-thirds of the state legislatures. [Done for the 21st amendment.]

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The Amendment Process, cont.

• Amendments can be ratified:

– By three-fourths of the state legislatures.

– By conventions in three-fourths of the states. [A method not yet used.]

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Federalism

• Checkpoint: How does the federal amendment process reflect the concept of federalism?

– Amendments are proposed at the national level and ratified at the state level by legislatures or conventions.

– A state can reject an amendment and later decide to ratify it.

• But a state cannot change its mind after it votes to ratify an amendment.

– The President cannot veto proposed amendments.

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Popular Sovereignty

• The amendment process is based on popular sovereignty.

– The people elect the representatives who vote to propose or ratify amendments.

– Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislators are rarely elected based upon their views on an amendment.

– The Supreme Court has ruled that states cannot require a proposed amendment to be approved by popular vote before the state legislature can ratify it.

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The Bill of Rights

• Checkpoint: What is the purpose of the Bill of Rights?

– They spell out many basic rights and liberties.

– Many people would not support the Constitution until a Bill of Rights was promised.

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Proposed Amendments

• Most suggested amendments are never proposed by Congress.– Congress has sent only 33 of some 15,000

suggested amendments to the states.

• Six proposed amendments were not ratified by the states.– Congress can set a “reasonable” time limit for

ratification, usually around seven years.• Failed amendments include one declaring the equal rights of

women (ERA) and one banning amendments dealing with slavery.

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The 27 Amendments

• Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems.– The 12th Amendment resolved a problem

with the presidential election process.– The 13th Amendment abolished slavery.

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The 27 Amendments, cont.

• The 15th, 19th, and 26th Amendments each extended voting rights to a new segment of society:– African Americans– Women– 18-year olds

Inez Milholland

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• 1791 - Amendments 1-10– Bill of Rights

• 1795 - Amendment 11– States immune from certain lawsuits

• 1804 - Amendment 12– Changes in electoral college

procedures• 1865 - Amendment 13

– Abolition of Slavery• 1868 - Amendment 14

– Citizenship, equal protection, and due process• 1870 - Amendment 15

– No denial of vote because of race, color or previous enslavement

The 27 Amendments, cont.

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• 1913 - Amendment 16– Congress given the power to tax

incomes• 1913 - Amendment 17

– Popular election of U.S. – Senators

• 1919 - Amendment 18– Prohibition of alcohol

• 1920 - Amendment 19– Women’s suffrage

• 1933 - Amendment 20– Change of dates for presidential and congressional terms

• 1933 - Amendment 21– Repeal of prohibition (Amendment 18)

The 27 Amendments, cont.

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• 1951 - Amendment 22– Limit on presidential terms

• 1961 - Amendment 23– District of Columbia allowed to vote in presidential elections

• 1964 - Amendment 24– Ban of tax payment as voter qualification

• 1967 - Amendment 25– Presidential succession, vice presidential

vacancy, and presidential disability• 1971 - Amendment 26

– Voting age changed to 18• 1992 - Amendment 27

– Congressional pay

The 27 Amendments, cont.

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Review

• Now that you have learned how the Constitution has been amended through the formal amendment process, go back and answer the Chapter Essential Question.– How has the Constitution lasted through

changing times?

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Chapter 3: The ConstitutionSection 3

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Objectives

1. Identify how basic legislation has added to our understanding of the Constitution over time.

2. Describe the ways in which the executive and judicial branches have interpreted the Constitution.

3. Analyze the role of party practices and custom in interpreting the Constitution.

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Key Terms

• executive agreement: a pact made by the President directly with the head of a foreign state

• treaty: a formal agreement between two or more independent states

• electoral college: the body of electors that makes the formal selection of the President

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Key Terms, cont.

• Cabinet: a body made up of the heads of the 15 executive departments that advises the President

• senatorial courtesy: the Senate custom of refusing to approve any presidential appointee unless that person has the support of all Senators from the appointee’s home state who belong to the same party as the President

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Introduction

• How have the day-to-day workings of the government affected how we interpret the Constitution?

– Congress passes new laws.– Presidents push to expand executive power.– The Supreme Court makes key rulings on

constitutional issues.– Political parties influence the governing process.– Customs develop over time.

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The Role of Congress

• Congress has expanded upon basic constitutional provisions.

– Congress created much of the specific structure of the federal government.

– Congress established the federal court system—the Constitution created only the Supreme Court.

– Congress created the many departments and agencies in the executive branch.

– Congress has clarified issues such as the succession of the Vice President.

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Powers of Congress

• Congress passes laws that clarify its own constitutional powers. – The Constitution describes some congressional

powers in vague terms.• For example, Congress has the power to regulate

foreign trade and interstate commerce.

– Over the years, Congress has passed thousands of laws that detail just what is meant by words like “regulate,” “trade,” “interstate” and “commerce.” In the process, it has interpreted the meaning of the Constitution.

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Expanding Executive Power

• Presidents have increased their constitutional powers by taking a broad interpretation of such powers.

– Often this involves avoiding the need to gain congressional approval.

• For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war.

• The Senate must approve formal treaties. But Presidents can and do enter into legally binding executive agreements with foreign leaders without asking for Senate approval.

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Presidential Power

• The Constitution grants the President “executive power.”

– Most Presidents argue that this power includes the authority to do things not specifically mentioned in the Constitution.

• For example, Thomas Jefferson used it as a justification for acquiring new territory for the United States when he purchased the Louisiana Territory in 1803.

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The State of the Union

• While an address to Congress is required by the Constitution, the method of address is left to each President.– Harry Truman’s State of

the Union was the first televised address.

– Today, the State of the Union is an annual televised address to Congress and all Americans.

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The Courts

• The nation’s courts, particularly the Supreme Court, interpret the Constitution on a regular basis.– The power of judicial review gives the Court the

power to declare laws unconstitutional.

– Declaring that a law is constitutional also involves interpreting the Constitution.

– Each type of ruling sets a precedent for interpreting future laws.

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Political Parties

• The Constitution does not mention political parties.

– Most of the Framers actually opposed parties, fearing they would divide the government.

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• Yet parties are very influential in our political process.

– The daily business and the committee system of Congress are organized around party membership.

Political Parties, cont.

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Political Parties, cont.

• Checkpoint: How have political parties changed the way we interpret the Constitution?

– The Constitution says nothing about the nomination process.

– Political parties use state primaries and national conventions to choose candidates.

– Parties also influence the selection of electors to the electoral college.

– Party membership also influences the President’s decision-making process when choosing political appointees.

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Customs

• Unwritten customs can be as influential as written laws.

– The President’s Cabinet exists solely as a result of custom rather than any laws.

– The custom of senatorial courtesy guides the appointment of public officials.

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Customs, cont.

• Ever since George Washington, Presidents had limited themselves to two terms in office.

• After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the 22nd Amendment in 1951.

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Customs, cont.

• Checkpoint: Which customs did the 22nd and 25th Amendments establish as laws?

– For years, the Vice President assumed the office of the presidency when the President died.

– But this was not a formal law until ratification of the 25th amendment in 1967.

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Review

• Now that you have learned how the day-to-day working of the government have affected how we interpret the Constitution, go back and answer the Chapter Essential Question.– How has the Constitution lasted through

changing times?