rom warrantless NSA surveillance to the use of military tribunals to try detainees at Guantanamo Bay without the approval of Congress, some of the President's actions have riled Congress -- and a few car- toonists. Explain how this cartoon interprets the President’s actions.
Chapter 3 - Constitutional Principles, Amending Process
Key Constitutional ConceptsPopular sovereignty – rule by the peopleFederalism – power is divided between state andnational govt.; only way states would agree to a centralgovt.; states handle local matters, federal (nationalgovt.) makes decisions for country as a wholeLimited government – the Constitution lists specificpowers the govt is allowed AND powers that areprohibited to it (ex. Bill of Rights!!)
What is the system of checks and balances? Why is it such an important principle in our Constitution? Give an example! (Use your “Which Branch Does this?” worksheet from Friday to help you!)
Separation of Powers3 branches – each with its own duty Legislative – makes laws - CONGRESS House of Representative Senate Executive – carries out laws – PRESIDENT, VP, Cabinet Judicial – interprets laws – federal AND state courts Judicial review** - the power of the courts to declare a law unconstitutional – Marbury v. Madison 1803 A Supreme Court decision can be reversed 2 ways If the Court changes its views If Congress proposes an Amendment, which must be ratified by the states
Why might the cartoonist have used the tree as a symbol?Why might he have portrayed President Bush in cowboy boots/hat with a lasso?What is the message of this cartoon? Does is depict Bush in a favorable or unfavorable way?
Checks and BalancesSystem put in place so that no one branch ofgovernment would ever become too powerful!See the chart on the next slide for examples that youshould know!
DirectionsCarefully view/read the document that you have beengiven.Everyone in your group must: Write a 2-3 sentence description of the document. Discuss which check or balance is being shown in the document. THINK ABOUT: Which branch of government is acting? Which other branch of government is limiting them OR cant do what it wants? Write down the example of checks and balances being shown, and be ready to share your document with the class.
Which check/balance applies to each situation?I am the President; I can declare war on Lower Slobovia.I am a Judge; I can make any decision I want.I am a Senator; I can help write and pass any law I want.I am the President of the United States; I can veto any lawpassed by Congress.I am the President of the United States; I can do anything Iwant.I am the President of the United States; I can make a treatywith Upper Slobovia.Were the Supreme Court; well be ruling on every law foryears.
Which check/balance applies to each situation?I am the President; I can declare war on Lower Slobovia. Congress declares warI am a Judge; I can make any decision I want. Presidents appoint justices; Senate approves; Congress can propose amendmentsI am a Senator; I can help write and pass any law I want. President can veto a billI am the President of the United States; I can veto any law passed by Congress. Congress can override a veto with a 2/3 voteI am the President of the United States; I can do anything I want. Senate must ratify treaties, approve justices, Congress declares war, etc.I am the President of the United States; I can make a treaty with Upper Slobovia. Senate ratifies treatiesWere the Supreme Court; well be ruling on every law for years. President appoints, Senate approves, decisions can be reversed w/ Constitutional amendment
Structure of the ConstitutionPreamble – introduction to the Const.; states the purposes ofgovernment7 Articles – framework for govt. I – Legislative – details about 2 houses and lawmaking procedures II – Executive – powers & duties of Pres., election process III – Judicial – jurisdiction (authority) of federal courts, defines treason IV – relationships of the states to one another and national govt. V – amendment process VI – supremacy clause – laws passed by Congress are “supreme Law of the Land”27 Amendments (changes to the Const.) – provide a way thedocument can respond to the needs of a changing nation
Principles of Government Scavenger Hunt!Google Mrs. Lindinger Foundations of GovernmentClick on “Interactive Constitution – NationalConstitution Center”On the right hand side, click “Explore by topic” andchoose a topic – ie. Popular sovereignty, checks andbalancesWhen you’re finished, you’ll rank the principles, 1-6,and make an argument for which 2 you think are themost important OR Make a visual for each of theprinciples.
Today15 min. - Finish Constitution ScavengerHunt – 2 options: rank the Constitutional principles, 1-6, and make an argument for which 2 you think are the most important OR Make a visual for each of the principles.THEN – Take the self-assessment
Three Branches of Govt.• US Government Infographic
PreClass• In your own words, explain two ways that the Constitution can be amended (changed). Use the graphics above.
Why did the founding fathers allow for amendments(changes or additions) to the Constitution?• To ensure that the Constitution would be dynamic – that it would change along with changes in American society.
Indirect Ways to Change the ConstitutionCongress• Through Law – tax laws, creation of Presidential cabinet, changing structure of judicial branch• Through Practice – impeachmentPresident - Presidential succession, conduct foreign affairs (executive agreements instead of treaties)Court Decisions – interpret the meaning of words/phrases through judicial review - judicial restraint - court should NOT take initiative on social issues - judicial activism – court SHOULD take initiative on social issues (ie. Ending segregation in Brown)
14 Amendment & Equal th Protection• All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Pre Class• On a separate sheet of paper, at the top write “Do gay marriage bans violate the Constitutions equal protection clause (14th amendment)?• Below, make a T chart to record facts on both sides of the argument – YES & NO
• What trends in public opinion do you notice?
Closing Question:• In your opinion, does the language of the 14th amendment support same sex marriage? Why or why not?• Given the rising public opinion in support of marriage equality, do you think the Supreme Court will rule in favor of same sex marriage?• Will we see a decision that is the "Brown v. the Board” of the gay rights movement?
Which of these principles of the Constitution are reflected in our school?Checks and balancesSeparation of powersRule of law – no one is above the lawFree speechFreedom of religionFreedom of expressionNo unreasonable search and seizureDue process – a process for challenging a consequence for students’ behavior
STOP HERE!We didn’t go any further in our notes
Are the principles of the Constitution reflected in ourDirections: school?• Today, you’ll look through your student handbook for examples of the principles of the Constitution at work in this building, and record them on your handout• You’ll rank our school on each principle 1-5 (agree to disagree)• Write down 2 questions that you have about school policies – we’ll have guest speakers later this week!
Legislative Branch• Intended to be post IMPORTANT (makes laws)• Expressed powers – directly stated in Const. – Enumerated powers (think NUMBER) - #1-18 • 5 economic - Levy taxes, Borrow money, Coin money, etc. • 7 defense – declare war, raise/support army • Naturalizing citizens, establishing post offices, courts • Elastic clause – lets Congress stretch its powers to meet situations the Founders couldn’t anticipate – Congress can make laws “necessary and proper” to carry out its other powers
Executive Branch• Carries out acts of Congress• Broad powers – open to interpretation (“wild card”)• Specific Powers “The executive Power shall be vested in the President of the United States of America”
Specific Powers• Commander in Chief of armed forces• Appoints head of Departments• Grant pardons• Make treaties• Appoint ambassadors, federal judges• Delivers State of the Union• Calls Congress to special session• Meets heads of state, ambassadors• Commissions military officers• Ensures laws are “faithfully executed”
Judicial Branch• 2 court systems – Federal jurisdiction – cases involving federal laws, treaties, interpretation of the Construction… – State – state laws• Judicial review**
Write down 2 questions that you have about the policies of our school and how they relate to the principles of the Constitution.Answer questions #1 & 2 on the back of your handout (“Developing a Point of View”)
• Historic events involving conflicts between branches include:• The impeachment of President Andrew Johnson.• The impeachment of President Bill Clinton.• The conflict over Franklin D. Roosevelts attempt to add six seats to the Supreme Court.• The Alien and Sedition Acts.• Supreme Court cases such as Marbury vs. Madison (1803), the Dred Scott Decision (1857) and McCulloch v. Maryland (1819).• President Andrew Jacksons conflict with Congress over the Second National Bank.• The Watergate incident during Richard Nixons tenure in office.
One Document Under Siege• While you read:• Take notes on the scope, intensity, duration, and resources involved.• Has policy been made in regard to this issue? Can the policy be validated by the Constitution? Explain... What is your opinion?
What is public policy?• public policy making is problem solving by someone in an authoritative position to get the job done.• When considering public policy, problems must be analyzed using the following four elements: – SCOPE – How widespread a problem – INTENSITY – How troublesome a problem – DURATION – How long a problem – RESOURCES -- Costliness of the problem
• Issue 1: LIBYA Article 1 Section 8 ‘The Congress shall have power..To declare war’. Article II Section 2 ‘The president shall be commander-in-chief of the Army and Navy of the United States’• Issue 2: THE DEBT CEILING Article I, Section 8 ‘The Congress shall have power...to borrow money on the credit of the United States.’ 14th Amendment, Section 4, ‘The validity of the public debt of the United States...shall not be questioned.’
• Issue 3: OBAMACARE Article I, Section 8, Clause 3, ‘The Congress shall have power....to regulate Commerce with foreign nations, and among the several states.’• Issue 4: IMMIGRATION 14th Amendment 1868, ‘All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside
Checks and Balances Simulation• How should we spend $100?• 3 groups – Group 1 controls the money – Group 2 decides how the money will be spent – Group 3 will rule on any challenges
Pictionary!• You will be assigned one constitutional principle for which you will create a drawing.• You may NOT use any words in your picture!• You must draw your picture in a way that will allow group members to guess which principle it is.• Refer to the definitions of the constitutional principles from your homework/class work.