Slide 1

Chapter 3: Wisdom and good examples: The broad principles of the Constitution Monday Through Slide 14

Slide 2

Preamble to the Constitution 6 basic goals: Create a more perfect union Establish justice Insure Domestic Tranquility Provide for the Common Defense Promote the general welfare Secure the blessings of liberty

Slide 3

How did the Constitution create a more perfect union? Would solve the most critical problems created by the Articles of Confederation Federal System Adopted 1787 13 states were acting like separate countries State legislatures regulated commerce, controlled their own militias, and jealously guarded their independence Out of the debates in Philadelphia came the answer = federal government

Slide 4

Framers Beliefs Federalism would create a proper balance between the individual states and the national government Article I Section 8: responsibilities described in specific detail are called expressed powers Constitution specifies that Congress may make all laws necessary and proper to carry out its expressed powers This elastic clause has been affirmed by the courts and defined by usage as the basis for implied powers

Slide 5

Democracy all power remains in the hands of the people Federalism: a political-economic system in the Middle Ages, based on a series of reciprocal (mutual, give-take) relations between lords and vassals Implied powers: powers not specifically granted in a constitution but which can be justified as necessary if the government is to carry out its duties Expressed powers: the powers granted to a government that are specifically spelled out by its Constitution

Slide 6

Federal-State Relationship Federal Supremacy: Federal treaties and laws passed by the US Congress take priority over state laws Concurrent powers: Federal government and the states share many of the same powers such as the power to tax Reserved Powers: The 10 th Amendment in the Bill of Rights specifies that all powers not given to the national government remain with the states and the people

Slide 7

State-State Relationships Framers ordered: each state should give full faith and credit to the public acts, records, and judicial proceeding of every other state. Example: a marriage performed in New York must be recognized in Ohio Conversely: both the married couple and the corporation must obey the laws of their new states Article IV, Section 2, states: The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States. Meaning: that a state may not discriminate against nonresidents

Slide 8

What kind of system did the Framers set up to establish justice? Federal Judiciary created (Article III) Constitution specifies only that the Judicial branch should be composed of a Supreme Court and lower federal courts Congress would create the lower courts as needed The Judiciary Act of 1789 set up a nationwide system of district courts In 1891 the federal courts of appeals were added to help the Supreme Court deal with its growing case load

Slide 9

Bill of Rights American Justice at Work The 10 Amendments that make up the Bill of Rights were added to the Constitution by the end of Washingtons first term American system of justice depends on: The people who administer it The people who use it Several key beliefs underlie the workings of the courts and the laws of the land: All people are equal before the law Every person is entitled to treatment that reflects individual dignity and value Every person accused of a crime is presumed to be innocent until proven guilty

Slide 10

Prohibition 1920s The 18 th Amendment prohibited the manufacture and sale of alcoholic beverages many people ignored the law and drank bootleg liquor Universal resistance The amendment was repealed in 1933

Slide 11

What is meant by insure domestic tranquility? Protection against disturbance: with every freedom comes an equal responsibility The right of peaceable assembly does not include the right to trespass on other peoples property or to disturb their rest Federal responses to disorder natural disasters, riots

Slide 12

How can the United States provide for the common defense? Constitution gives Congress the power to: Declare war Ratify alliances Raise an army and navy As Commander-in-Chief of the armed forces the President makes the decisions that: Guard our national security In an uncertain world, the nation must be prepared for war even as its people work to keep the peace

Slide 13

Components of National Defense National will: an informed, patriotic population, proud of their country and its ideas 1 st requirement for an effective national defense Without this, raw military strength may not be enough to win a victory Technology: Scientists, raw materials, and factories to support a vast program of research and development Waste of money? Unnecessary? Cannot afford to reduce defense spending until the threats posed by terrorism and the spread of weapons of mass destruction can be eliminated Foreign Alliances: the economy of this country depends on access to foreign raw materials and factory products from many areas We need to work together combine military and economic strength with that of its allies

Slide 14

How far should government go to promote the general welfare? Billions of dollars for the nations: Medical Educational Economic needs Peoples health, education, working conditions, and recreation all depend heavily on the work of the men and women we pay to promote the general welfare. Pg. 69 Brief Preamble

Slide 15

How does government secure the blessings of liberty for the people? Liberty is not absolute: government has designed a series of safeguards to secure the blessings of liberty Some protect the individual Others limit individual freedom in order to promote the greater social good The right to drive a car is a good example Drunk driving vs. Driving requirements, tests, etc. True freedom only exists when a countrys citizens support a democratic government that acts for the common good Liberty versus regulation: Patriot Act: signed into law two months after September 11 The law expands the right of federal law enforcement officials to conduct searches and seizures and to share information Also grants government the right to cite terrorism and computer fraud as grounds for setting up wiretaps

Slide 16

Three Branches of Government Legislative Branch : power to make laws Composed of two houses of Congress Executive Branch: power to enforce the law headed by the President Judicial Branch: power to interpret the law headed by the Supreme Court STOP HERE ON MONDAY

Slide 17

Shifting powers of the three branches: The imperial presidency: created a type of American emperor- attempt to restore the balance of power after the Watergate scandal (Richard Nixon resignation, money for re-election) The fourth branch: Congress has delegated more and more responsibility to independent regulatory agencies Examples: FTC and FC (communications) Commission exercise both judicial and legislative powers Judicial Legislation: making the law instead of interpreting it

Slide 18

How does the system of checks and balances work? Each of the 3 branches of government should check, or limit, the powers of the other two System creates 6 basic relationships: The Executive checks the Judiciary Supreme Court district courts, the President appoints all federal judges Choose judges who share a common philosophy Chief Executive can influence decisions of the courts for a long time The Executive Checks the Legislature President can veto (refuse to sign) any bill passed by Congress Can be overcome by a 2/3 vote of both houses The Legislature Checks the Judiciary Entire federal court system was established by Congress Congress has the power to impeach (accuse), try, and remove from office a federal judge whose conduct on the bench violates the public trust

Slide 19

Six basic relationships continued The Legislature Checks the Executive: Congress holds one major advantage in its relations with the President the power of the purse Only Congress can appropriate funds for the operation of the executive branch Plead for budgets rarely gives the executive branch everything it requests Judiciary Checks the Executive: Judicial review: gives the courts the right to examine the actions of the executive branch The Judiciary Checks the Legislature becoming a law, the process that pertains to all courts and the passing of the law

Slide 20

What makes the Constitution a living, growing document? Strict construction: the government cannot do anything that is not expressly allowed by the Constitution (labeled Conservatives) Loose construction: a new belief that favored the federal governments use of its implied powers to meet challenging social and economic conditions (labeled liberals) Brief and Clear: Constitution is short enough to read in half an hour Language is clear and direct Unwritten constitution: custom and usage have created a body of political traditions that form this Primary elections, conventions = political process

Slide 21

What concepts did the Framers promote in the Constitution? Capitalism: agriculture, manufacture, commerce, and navigation = four pillars of our prosperity Stability: keep the country stable by preserving the existing social values Optimism: people are rational Clear-thinking men and women keep themselves informed Concerned about the well-being of both their country and their fellow citizens Change: Allowed for it Amendment: may be proposed by a 2/3 vote in both houses of Congress, it then must be ratified by of the state legislatures Informal Amendment: changes in the interpretation of the Constitution brought about by court decisions and new legislation