CHAPTER 3:

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CHAPTER 3 THE U.S. CONSTITUTION
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IDEALS OF THE CONSTITUTION

• A. Consent of the Governed
• 1. Popular Sovereignty - consent of the
• governed.
• 2. Preamble - introduction that explains
• why the U.S. Constitution was written.
• a. Begins with We the people

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• B. Goals of the Constitution (6 of them)
• 1. To form a more perfect union
• 2. To establish justice
• 3. To ensure domestic tranquillity
• a. Peace within the nation.
• 4. To provide for the common
• defense
• 5. To promote the general welfare
• 6. Secure the blessings of liberty
• a. Safeguard the freedom of people.

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IN YOUR SMALL GROUPS RANK THE GOALS FOR THE U.S
GOVERNMENT IN ORDER FROM MOST IMPORTANT TO LEAST.
WHY DOES YOUR GROUP FEEL THIS WAY? (5 MIN)
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C. A FEDERAL SYSTEM

• 1. Division of Powers - concerned with the
• relationship between two levels of
• government. (Federalism)
• 2. Delegated Powers - Powers granted
• federal government by the Constitution.
• (Article 1)
• 3. Reserved Powers - States, or the people
• can keep some powers for themselves.
• (10th Amendment)

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• 4. Concurrent Powers - Powers that belong
• to the states and national government.
• a. National Supremacy - When state and
• national laws conflict, national laws
• must be followed.
• b. Preempted - national government laws
• overruling state laws.
• 5. Federal government rules are spelled out.
• 6. Any rules not mentioned are left for the
• states or people.

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IN YOUR SMALL GROUPS LIST AS MANY DELEGATED,
CONCURRENT, AND RESERVED POWERS AS YOU CAN. ( 4
MIN.)
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HOW FEDERAL AND STATE POWERS ARE DIVIDED
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D. WHAT DOES THE CONSTITUTION SAY
ABOUT THE STATES.

• 1. Does not tell states exactly how they
• should be run.
• 2. Several parts of the Constitution are
• especially important for understanding
  the
• role of state government.

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E. RELATIONS BETWEEN STATES

• 1. Each state honors acts of other states.
  (Article IV)
• 2. Rights of State Citizenship - Each citizen
• of the U.S. is also a citizen of the state
  in
• which he or she lives. (14th amendment)
• 3. States cooperate through extradition.
• a. Extradition - sending back an accused
• person of a crime.
• b. Can be denied but are usually granted.

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F. National Promises to the States

• 1. Promises concerning new states.
• a. Congress can admit new states to the
• union. (Article IV)
• 2. Promise of republican government.
• a. No state will be allowed to fall under
• the control of an absolute.
• 3. Promise of Defense
• a. National government will protect each
• state from foreign and internal
• invasion.

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THE GROWTH OF NATIONAL SUPREMACY

• 1. Constitution, laws and treaties are the
• national law of the land.
• A. Implied Powers
• 1. McCulloch v. Maryland
• a. Congress tried setting up a federal
  
• bank.
• b. States felt that this was illegal.
• c. Maryland tried to punish its
  branch
• of the federal bank by giving it
  a
• high tax.

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• d. State of Maryland sued the bank cashier
• when that bank refused to pay the tax.
• e. Supreme Court ruled that the tax was
• unconstitutional and did not have to be
• paid.
• KNOWING WHAT YOU KNOW ABOUT THE THREE TYPES OF
  POWERS IN YOUR SMALL GROUPS DISCUSS IF THE
  SUPREME COURT WAS CORRECT IN ITS DECISION.
• - National government was exercising a
• delegated power.

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• -Court ruled that setting up the bank was
• necessary and proper or an implied
• power.
• f. Elastic Clause - Necessary and proper
  
• laws can be stretched to give the
• national government more power.
• (Made the tenth amendment less
• important.)
• B. STATES MAY NOT SECEDE
• 1. Secede - leave the union.

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• 2. Southern states became frustrated that
• they could not get Congress to pass the
  
• laws they wanted.
• a. Lead to the Civil War (1861-1865)
• -Abolished slavery
• -Strengthen national supremacy
• C. National Laws Cannot Be Nullified
• 1. Brown v. Topeka Board of Education
• a. Unconstitutional for there to be
• separate schools for blacks and
• whites.

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• b. Some states tried to nullify
  (disregard)
• the national law.
• c. President Eisenhower sent troops to
• enforce the decision.

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THE THREE BRANCHES OF GOVERNMENT

• 1. The government is divided into three
• branches.
• a. Legislative
• b. Executive
• c. Judicial
• 2. Each branch has a different function.
• 3. The members of each branch are chosen
• in different ways.
• 4. Each branch has the same amount of
• power.

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A. Legislative Branch

• 1. Congress is the legislative branch.
• a. Established by article 1 of the Const.
• 2. Law MAKING branch of government.
• 3. Congress is bicameral - made up of two
• 
  houses.
• 4. Bicameral legislature was set up because
• of a compromise between large and small
• states.

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• 5. Why have two houses.
• a. Slow down the making of laws
• b. A separation of power between the
• two houses. (Check and Balance)
• 6. All tax proposals must originate in the
• House of Representatives. Why?
• a. Members are elected from a smaller
• geographical area. (They thus
• represent more people.)

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• 7. Senate has more responsibility over
• foreign relations.
• a. No treaty is valid unless approved by
• 2/3 vote of Senate.

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B. THE EXECUTIVE BRANCH

• 1. Article II of the Constitution gives the
• executive power to the President.
• a. The President must carry out the laws.
• 2. President can not make laws.
• 3. Presidents other jobs
• a. Make treaties
• b. Commander and Chief of the armed
• forces. (Can not declare war.)
• c. Has a check and balance over
• legislation passed. (veto power)

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• d. Congress can override the veto.
• 4. Constitution does not list the Presidents
• responsibilities at great length.

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C. THE JUDICIAL BRANCH

• 1. Main job is to adjudicate or interpret the
• laws.
• 2. Established by Article III of the Const.
• 3. Civil Case - disagreements between
• persons or between citizens and
• government.
• a. Involves claims that one person has on
• another.
• b. May involve a contract.

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• c. Purpose of a civil trial is to help the court
  
• find out who is legally right.
• d. Civil Laws - laws that tell courts how to
• settle civil cases, or
  lawsuits.
• 4. Criminal Cases - Case brought to court
• because someone has been accused of a
• crime.
• a. Kidnapping, robbery are examples.
• b. Government asks the courts to
• determine whether accused person are
• innocent or guilty.

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• c. Some types of penalties are fines, jail
• time, and probation.
• -Probation - period of time during which
• people found guilty of crimes must
• prove that they can change their
• behaviors.
• 5. Civil and criminal laws must agree with
• the Supreme Law of the Land.
• 6. Judicial Review - power of the courts to
• interpret the Constitution and to decide
• when laws, acts, and failures to act are
• against the Constitution.

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• a. Is an important check and balance the
• courts have over Congress and the
• President.
• 7. Supreme Court is the highest court in the
• United States.

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D. Checks and Balances

• 1. Ensures no branch becomes too
• powerful.
• 2. Each branch has powers to check, or
• limit, the powers of the other two
• branches.
• a. Listed on pg. 42 of textbook.

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A FLEXIBLE DOCUMENT

• 1. Framers planned a system of
• government that could change to meet
• the changing needs in the U.S.
• A. Provide for Change
• 1. 3 ways the Constitution can provide
• for change
• a. Amendment
• b. Interpretation
• c. Custom

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• B. The Amendment Process
• 1. Amendment - written change made to
• the
  Constitution.
• a. Process Article 5 of Constitution
• b. 3/4 of states must approve. (38 of
• 50)
• 2. May be proposed in two ways
• a. 2/3 vote of both houses of
• Congress.
• b. 2/3 of the states (34 of 50) can
  ask
• Congress to call a National
• Convention.

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• - Never successfully used.
• 3. Two ways to ratify amendments
• a. Sending to state legislatures.
  (Most
• common method.)
• b. Sending to state conventions -
• member are elected by the people in
  
• each state.
• 4. Repeal - cancel, by another amendment.
• a. Can happen if people do not like the
  
• way an amendment is working.
• b. Has only happened once. (18th
• amendment.)

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• C. Interpreting the Constitution
• 1. Congress and Supreme Court can
• interpret the way laws are written.
• a. Different people have different
• interpretations.
• 2. Example minimum wage law
• D. Custom and Traditions
• 1. Things that have happened in the past
• that are now common place.
• 2. Example George Washingtons
• cabinet - group of advisors.

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POSSIBLE ASSIGNMENTS

• 1. Section review (Pg. 41, 43, 47)
• 2. Write a Constitution for the student
• council.
• 3. College on the functions of the 3
• branches of government.
• 4. Summarizing Articles of Confederation.
• (What, why, where, when, and how was it
• reported.)
• 5. Collect and articles that reflect
• Constitutional questions. (Where is it
• offered?)
• 6. Collect and summarize an article on
• Federalism.
• 7. Skills worksheet (pg. 3)
• 8. Reteach worksheet (pg. 5)
• 9. Building your Portfolio
• 10. Chapter 12 worksheet
• 11. American Gov. Wks. (Pg.17, 18)
• EXTRA CREDIT (10 pts.)