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