ReviewThe primary purpose of the Articles of Confederation was to(1) provide revenues for the national government(2) establish the basic framework of the national government(3) give the national government the power to regulate interstate commerce(4) guarantee a bill of rights to protect citizens from the national government

Which statement regarding the United States Congress is best supported by the information in this cartoon?(1) Congress must meet at least once every year.(2) Members of the House of Representatives must be chosen every two years.(3) Each house of Congress must publish ajournal of its proceedings.(4) Representation in the House of Representatives is based on state population

House of Representatives- Based on state population

Senate- 2 senators per state regardless of size

ReviewIdentify the enlightened thinker’s contribution to

American Independence, Declaration of

Independence and Constitution

Baron de Montesquieu

John Locke

Jean-Jacques Rousseau

Voltaire

How is Congress split up and how do we determine

representation?

Separation of powers/ 3 branches

Natural Rights (L.L.P---L.L.PH)

Social Contract

Freedom of Speech

Federalist support the constitution and Anti-federalists worry it gives too much power to the federal government

Through the Electoral College: 2 votes for senators, 1 for each representative

House of Representatives- Based on state population

Senate- 2 senators per state regardless of size

Review

How are US Presidents elected?

How is Congress split up and how do we determine

representation?

What is the difference between a Federalist and Anti-Federalist?

The United States Constitution

Ratification Once the delegation had written the constitution it had to be ratified, or approved by the states. The writers had written that 9 of the 13 colonies must approve the constitution for it to go into effect. However, there were fierce debates in all the states between the Federalists and Anti-Federalists.

Federalists: Wrote the “Federalist Papers” to promote ratification

Anti-Federalists: Worried the constitutional government would threaten the rights of the people. Demanded a Bill of Rights.

Ratify- Approve

RatificationUltimately the new Constitution was approved by the 13 colonies, and went into effect in 1789. The first president was George Washington.

Some didn’t want to approve the constitution because they were worried they would lose their rights. So Congress immediately went into session to respond to calls for a Bill of Rights. The first ten amendments were passed by 1791.

US Constitution PreambleThe US Constitution provides a clearly defined framework of government. The Preamble provides the reasons for writing it:

-to create a better stronger government

-to ensure a system of justice

-to provide for peace at home

-to provide for the defense of the nation

-to promote the well being of the people

-to secure liberty to the people and to future generations.

Basic Principles (these are Vocab words!!)

Popular Sovereignty- the people give this government power to govern them (consent of the governed). This is a democracy

Limited Government- Governmental powers are defined by the constitution, therefore the government is limited by the law.

Federalism- The division of power between the states and the national government

Separation of Powers- the power to govern is divided among the legislative, executive and judiciary branches.

Checks and Balances- each branch of government has ways to check and control the other branches.

Established Government

Delegated- powers given to the US Government Concurrent- powers for both- the

national gov’t trumps stateReserved- powers reserved for

the states

Checks and BalancesLegislature makes laws

-President can Veto proposed laws-Supreme Court can rule passed laws

unconstitutional

President can enforce laws and ensure security-Congress (Legislative) must approve treaties and war-Supreme Court can rule that the President’s actions are

unconstitutional

Supreme Court uses Judicial Review to examine laws-President can appoint, or select, Justices-Legislature must approve appointments and can impeach

The Founding Fathers created the Elastic Clause to allow the constitution to change along with the needs of the country. According to the Elastic Clause, Congress can make all laws that are “necessary and proper” for carrying out tasks in the Constitution.

The Elastic Clause

To prevent this the writers of the constitution included flexibility to allow the constitution to change with time.

FlexibilityThe Elastic Clause: Congress can make all laws

“necessary and proper” for carrying out the tasks listed in the constitution

The Amendment Process-The constitution may be changed with approval of both congress and the states (Amendment= amend= fix)

Judicial Review- The Supreme Court can review cases that may conflict with the constitution. Judicial review was established in the case Marbury v. Madison

Unwritten Constitution- Congressional and executive interpretations and actions, court decisions and customs/traditions form an unwritten-constitution to

all for constitutional change and flexibility.

King of the Mountain US Constitution

Federal GovernmentActs of Congress and Treaties

State

City and county

The constitution, federal laws and treaties are superior to state laws

Articles 1-3The first 3 articles of the constitution describe and define the powers of the legislative, executive and judicial branches

Office Number Term Selection Requirements

Representative

At least 1 per states based on population

SenatorOriginal constitution- elected by

state legislature. Amendment 17- elected by

voters

President and Vice

President1 each 4 years

Supreme Court Justice

9No requirements in the

constitution

Articles 1-3The first 3 articles of the constitution describe and define the powers of the legislative, executive and judicial branches

Office Number Term Selection Requirements

Representative

At least 1 per states based on population

2 yearsElected by voters

25+Citizen 7 yearsState Resident

Senator 2/ state 6 years

Original constitution- elected by state

legislature. Amendment 17- elected by voters

30+ Citizen 9 years

State Resident

President and Vice

President1 each 4 years Electoral College

Natural born citizen

35+

Resident for 14 years

Supreme Court Justice

9 LIFEPresidential appointment and senate approval

No requirements in the constitution

Elastic Clause and Amendment process

Checks and Balances

Article 1- Legislative BranchThis Article establishes Congress and its two houses (Senate and the House of Representatives). This Article gives:

-Qualifications for election to congress

-Basic operating procedures

-Outlines how bills become laws

-Delegated powers including “Necessary and proper” or elastic clause allowing congress to adapt to the times

Legislative duties

The legislative branch is a bicameral congress: a Senate and a House of Representatives. They have the power to:

-make laws-declare war-regulate trade, money and taxes-impeach federal officials

ReviewRemember that the Legislative branch was created after the Great Compromise was passed. Originally, there were two proposals on the table: The Virginia Plan and the New Jersey Plan:

Bill to federal law

All Bills must be approved by both house of Congress (the Senate and House of Representatives) AND the President. If the president vetoes a bill, it can still be passed by a 2/3 approval of both houses.

Over the years the process has become significantly more complex. In the house debate on a bill is limited. In the Senate a bill may be debated endlessly. In recent years senators have begun to filibuster, or keep talking about a bill until the senators drop it.

Filibuster- Senators continue talking about a bill until it is

dropped or Congress goes home.

Article 2- Executive branchOutlines the powers and duties of the President and Vice President

The President can act swiftly in times of war and national crisis by fulfilling several different roles.

-Chief Executive- enforce laws, nominate judges, and government officials

-Chief Diplomat- represents the US and can make treaties

-Commander in Chief- Supreme commander and can authorize military action for up to 60 days

-Chief Legislator- propose federal budget and Veto laws

Electing the President

The president is elected through an indirect vote in the Electoral College.

The electoral college has 538 total votes. Each states’ number of votes is determined by:

The number of Senators+The number of Representatives

Electoral votes

The number is different for every state because the number of representatives is based on population.

The Problem: Sometimes, Presidents can be elected by the Electoral College without

winning the popular vote.

Article 3- Judicial (judicial-judge-courts)

The 3rd article creates the Supreme Court and gives Congress the power to create lower federal courts. The most important power of the federal courts is the rights to Judicial Review.

Judicial Review was established in the case of Marbury v Madison (1803)

The Supreme Court is the final voice in interpreting the Constitution

Judicial Review- Power to decide if laws are

unconstitutional

Article 4- Relations among statesThis portion ensures that states will recognize the laws, documents and records from other states. Also, fugitives cannot be held in a state to avoid persecution.

Article 5- Amending the Constitution

One of the most important features of the Constitution is the ability to amend or change with the times. There are two methods to changing the constitution, though both are difficult.

The first 10 Amendments are |

called the Bill of Rights.

Amend- To change or

fix

Amending the Constitution

Method 1:Amendment is proposed by the Legislative Branch, then approved by state legislatures of Constitutional Convention votes.

Method 1:Amendment is proposed by the Legislative Branch, then approved by state legislatures of Constitutional Convention votes.

Amending the Constitution

Bill of RightsIn order to gain enough ratifying votes, the Constitutional Convention agreed to include a written Bill of Rights. The fear of a dominating Federal government led many to demand a guarantee of their rights and liberties. The Bill of Rights is composed of the first 10 Amendments to the Constitution

Amendment Subject

1 Freedom of religions, speech and press

2 Right to possess firearms

3 Government may not ask citizens to house soldiers

4 Protects against unreasonable search and seizure

5 Includes protection against self incrimination and double jeopardy, guarantees due process of law

6 Right to a speedy public trial with counsel

7 Right to trial by jury

8 Prohibits excessive bail, fines and cruel and unusual punishments

9 Rights not mentioned in the constitution belong to the people

10 Powers not given to government belong to the states and people

The first ten amendments are known as the Bill of Rights

Speaker A: As it stands now, the Constitution doesnot protect civil liberties.

Speaker B: The system of checks and balances willcontrol any abuse of power by a branchof government.

Speaker C: The demands of the majority willoverwhelm the minority.

Speaker D: The amendment process will allow theConstitution to be changed when theneed arises.

How was the concern of Speaker A resolved?(1) adoption of the elastic clause(2) establishment of the House of Representatives(3) creation of the federal court system(4) addition of the Bill of Rights

Which two speakers support the ratification ofthe Constitution?(1) A and D (3) B and D(2) A and C (4) B and C

What is this an example of?

Compare the Articles of Confederation to the

US Constitution