Unit One – Part Two – The Constitution
The Constitution, the Six Big Principles, popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism, the Federalist Papers, series of compromises, Bill of Rights, Marbury v. Madison
Important Vocabulary
The Constitution
Preamble
Article I: Legislative Branch
Article II: Executive Branch
Article III: Judicial Branch
Article IV: States, Full Faith and Credit, Admission
Article V: Amendments Process
Article VI: Legal Status and Supremacy of Constitution
Article VII: Ratification
Signers
Bill of Rights
Amendments
The Six Big Principles
· Popular sovereignty
· Limited government
· Separation of Powers
· Checks and Balances
· Judicial Review
· Federalism
That word Federal!
Federal = national, like the “Federal” government
Federalist= one who pushed for a new Constitution
Federalism = division of power between a national government and states
“The Fed” = the Federal Reserve
Federalism
Power is divided this way in the United States
· Exclusive (National Govt) powers
· Concurrent (Shared) powers
· Reserved (State Govt) powers
The Branches of Government
How are powers understood in our system of government?
Expressed or enumerated powers: those specifically listed in the Constitution
Implied powers: those implicit in the Constitution; these are powers that can be reasonably implied from the expressed powers
Inherent powers: the basic, understood powers of any sovereign state, e.g. protect its borders
National powers: exclusive powers of the Federal Govt
Shared powers: concurrent; shared by both the Fed. Govt and the states
State powers: reserved or residual powers: powers to delegated to the Federal Govt are left to the individual states
Why is the 14th Amendment important?
14th Amendment: The “Second Bill of Rights” (previously, the Bill of Rights was not applied to states). 3 clauses to know
· Citizenship Clause
· Due Process Clause
· Equal Protection Clause
Don’t forget: Incorporation doctrine - idea that the Bill of Rights is incorporated (included) into the meaning of the 14th - which means states now have to respect the Bill of Rights
Toward Progressive Change
Conservatives: belief in incremental, slow change; limited government
Liberals: use government actively to pursue policies of progressive change
Radicals: willing to break the law to push for progressive change; want fast, wide sweeping changes
Revolutionaries: use violence to push society forward to a new era of progressive change
What’s in the Bill of Rights? First 10 Amendments
1st Speech, Religion, Assembly
2nd Right to Bear Arms
3rd No Quartering of Troops
4th Unreasonable search and seizure
5th Addresses prosecution of crime; right to a grand jury indictment before trial; no double jeopardy; no forced self-incrimination
6th Addresses trial process: right to a speedy and public jury trial; right to face and gather witnesses
7th Civil cases: accused has a right to a jury trial
8th No cruel and unusual punishment
9th Constitution can’t be interpreted in a way to deny other unspoken but understood rights, e.g. privacy, residence, etc.
10th Other laws not expressed or prohibited directly by the Constitution may be made by states
Clauses worth knowing
Commerce Clause - Congress can regulate commerce, implied taxing!
Elastic Clause, aka Necessary and Proper Clause - Congress shall pass all “necessary and proper laws”
Full Faith and Credit Clause - Judicial results for civil issues (not criminal!) must be respected from one state to the next
Privileges and Immunities Clause - There is no real distinction between State and national citizenship; (there are exceptions)
Supremacy Clause - Constitution is supreme law of the land
Take Care Clause – President “faithfully” executes the law
Commander in Chief clause – President = Commander in chief of armed forces
Taxing and Spending Clause - Congress can levy taxes
How can an amendment be added to the Constitution?
Formal Process: The structure of the Constitution can change through a formal process
Informal Process: The meaning of the Constitution can change through laws, executive actions and policies, court decisions, changing customs and beliefs
Essential Questions
· What are the responsibilities of a government’s legislative branch? Executive branch? Judicial branch?
· What is a major drawback of having a constitutional government with a separation of powers, checks and balances, and so on?
· What was the main point of disagreement between large states and small states? What was the “Great Compromise” that “solved” that disagreement?
· How did the Constitution deal with the question of slavery? Would it be legal or illegal? What about the slave trade?
· What were the names of the groups that supported and opposed the Constitution?
· What was the Bill of Rights? Why did the Federalists agree to pass the Bill of Rights?
· What was the “supremacy clause”? What was the point of having it?
· What was the point of coming up with this bizarre “electoral college” system for selecting who would be President?
· What was the point of having judges be appointed, rather than democratically elected?
The Constitution, the Six Big Principles, popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism, the Federalist Papers, series of compromises, Bill of Rights, Marbury v. Madison
Important Vocabulary
- Amendment
- Antifederalists
- Bill of Rights
- Checks and balances
- Citizenship
- Constitution
- Constitutional Convention
- Electoral College
- Federalism
- Federalist No. 10
- Federalists
- Great Compromise
- James Madison
- Judicial review
- Limited government
- New Jersey Plan
- Political power
- Popular sovereignty
- Representative democracy
- Republicanism
- Separation of church and state
- Separation of powers
- Unalienable rights
- Virginia Plan
The Constitution
Preamble
Article I: Legislative Branch
Article II: Executive Branch
Article III: Judicial Branch
Article IV: States, Full Faith and Credit, Admission
Article V: Amendments Process
Article VI: Legal Status and Supremacy of Constitution
Article VII: Ratification
Signers
Bill of Rights
Amendments
The Six Big Principles
· Popular sovereignty
· Limited government
· Separation of Powers
· Checks and Balances
· Judicial Review
· Federalism
That word Federal!
Federal = national, like the “Federal” government
Federalist= one who pushed for a new Constitution
Federalism = division of power between a national government and states
“The Fed” = the Federal Reserve
Federalism
Power is divided this way in the United States
· Exclusive (National Govt) powers
· Concurrent (Shared) powers
· Reserved (State Govt) powers
The Branches of Government
How are powers understood in our system of government?
Expressed or enumerated powers: those specifically listed in the Constitution
Implied powers: those implicit in the Constitution; these are powers that can be reasonably implied from the expressed powers
Inherent powers: the basic, understood powers of any sovereign state, e.g. protect its borders
National powers: exclusive powers of the Federal Govt
Shared powers: concurrent; shared by both the Fed. Govt and the states
State powers: reserved or residual powers: powers to delegated to the Federal Govt are left to the individual states
Why is the 14th Amendment important?
14th Amendment: The “Second Bill of Rights” (previously, the Bill of Rights was not applied to states). 3 clauses to know
· Citizenship Clause
· Due Process Clause
· Equal Protection Clause
Don’t forget: Incorporation doctrine - idea that the Bill of Rights is incorporated (included) into the meaning of the 14th - which means states now have to respect the Bill of Rights
Toward Progressive Change
Conservatives: belief in incremental, slow change; limited government
Liberals: use government actively to pursue policies of progressive change
Radicals: willing to break the law to push for progressive change; want fast, wide sweeping changes
Revolutionaries: use violence to push society forward to a new era of progressive change
What’s in the Bill of Rights? First 10 Amendments
1st Speech, Religion, Assembly
2nd Right to Bear Arms
3rd No Quartering of Troops
4th Unreasonable search and seizure
5th Addresses prosecution of crime; right to a grand jury indictment before trial; no double jeopardy; no forced self-incrimination
6th Addresses trial process: right to a speedy and public jury trial; right to face and gather witnesses
7th Civil cases: accused has a right to a jury trial
8th No cruel and unusual punishment
9th Constitution can’t be interpreted in a way to deny other unspoken but understood rights, e.g. privacy, residence, etc.
10th Other laws not expressed or prohibited directly by the Constitution may be made by states
Clauses worth knowing
Commerce Clause - Congress can regulate commerce, implied taxing!
Elastic Clause, aka Necessary and Proper Clause - Congress shall pass all “necessary and proper laws”
Full Faith and Credit Clause - Judicial results for civil issues (not criminal!) must be respected from one state to the next
Privileges and Immunities Clause - There is no real distinction between State and national citizenship; (there are exceptions)
Supremacy Clause - Constitution is supreme law of the land
Take Care Clause – President “faithfully” executes the law
Commander in Chief clause – President = Commander in chief of armed forces
Taxing and Spending Clause - Congress can levy taxes
How can an amendment be added to the Constitution?
Formal Process: The structure of the Constitution can change through a formal process
Informal Process: The meaning of the Constitution can change through laws, executive actions and policies, court decisions, changing customs and beliefs
Essential Questions
· What are the responsibilities of a government’s legislative branch? Executive branch? Judicial branch?
· What is a major drawback of having a constitutional government with a separation of powers, checks and balances, and so on?
· What was the main point of disagreement between large states and small states? What was the “Great Compromise” that “solved” that disagreement?
· How did the Constitution deal with the question of slavery? Would it be legal or illegal? What about the slave trade?
· What were the names of the groups that supported and opposed the Constitution?
· What was the Bill of Rights? Why did the Federalists agree to pass the Bill of Rights?
· What was the “supremacy clause”? What was the point of having it?
· What was the point of coming up with this bizarre “electoral college” system for selecting who would be President?
· What was the point of having judges be appointed, rather than democratically elected?