The United States Constitution:�The Coolest Constitution…EVER!!!

Major Compromises of the Constitutional Convention

The Great Debate

Federalists

• Wanted a strong national government to improve the nation
• Claimed a Bill of Rights was unnecessary because government’s powers were limited by the constitution

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Anti-Federalists

• Wanted a weak national government so that it would not threaten the rights of the people
• Wanted a Bill of Rights

Ratification

• Federalist Papers
• Written to persuade the people to ratify the Constitution (Alexander Hamilton, James Madison, and John Jay)

• Bill of Rights
• The first 10 amendments were added to the Constitution to make the Anti-Federalists support the Constitution

A FEDERAL System

• Federalism: the division of power between the state and national governments�

Separation of Powers

National or Federal Government

Local Government

State Government

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http://www.youtube.com/watch?v=auV0Aj73Qy0

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Delegated Powers

• Powers given ONLY to the national government
• Declare War
• Coin Money
• Maintain army and navy
• Regulate trade between the states
• Make all laws necessary to carry out delegated powers

*Elastic Clause

• (Necessary and Proper clause) Congress can make all laws necessary and proper to ensure the welfare of the people
• Implied Powers- Powers given to the government by the elastic clause
• Example: The power to create agencies such as FEMA to deal with natural disasters or to provide unemployment payments for people who lose their job

*Elastic Clause, Interpretations

• Loose construction (interpretation)- the belief that the powers of the constitution can be stretched to do what is necessary

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• Strict construction (interpretation)- the belief that the constitution must be followed exactly as it was written

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Concurrent Powers

Powers SHARED by the state and national government

• Enforce Laws
• Collect Taxes
• Establish Courts
• Build Roads
• Borrow Money
• Protect the safety of the people

Reserved Powers

Constitutional Powers that ONLY belong

to the states

• Conduct elections
• Establish schools
• Regulate Marriage
• Establish local governments
• Regulate business within the state (intrastate trade)
• License professionals (doctors, teachers, plumbers, etc.)
• Take on all powers not given to the national government

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Denied Powers

Powers that NEITHER the state or national governments are allowed to have

• Can not take away the right of Habeas Corpus (the right to a speedy trial)
• Can not make a law Ex Post Facto- a law making an act a crime that was committed before the law was passed
• No titles of nobility can be given (King, knight, duke, princess, etc)

So…what is Federalism again?

Delegated Powers

(National Government)

Reserved Powers

(State Governments)

Concurrent Powers

(Shared)

The Sharing of Powers between the State and National Governments!

http://www.youtube.com/watch?v=kPNeviHf464&feature=related

Legislative Branch

• Makes the laws!!!!!!
• National Level: House of Representatives and Senate
• New York State: Assembly and Senate

http://www.youtube.com/watch?v=fdgU08k-CTQ&feature=related

House of Representatives

• Number based on population
• Lower House

http://www.youtube.com/watch?v=P6LWHFVzjKY&feature=channel

http://www.youtube.com/watch?v=6AYGgk-ygKs&feature=channel

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Paul Ryan, R Wisconsin

House of Representatives

Census:

• An official counting of the population.
• The US census is conducted every 10 years
• Results are used as a basis for representation in the House of Representatives as well as for certain types of government funding.

American Fact Finder: http://factfinder2.census.gov/faces/nav/jsf/pages/index.xhtml

Senate

• 2 Per State
• Upper House

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Orrin Hatch

President Pro Tempore

Republican from Utah

Vice President Biden is President of the Senate

http://www.youtube.com/watch?v=Xj4aMGlf6bA&feature=channel

http://www.youtube.com/watch?v=RIgkZT2X2X0&playnext=1&videos=fb20_uDxoU4&feature=mfu_in_order

Senate Approves Presidential Appointments

Executive Branch

• Enforces the Laws

Secretary of State John Kerry

Secretary of Defense Ashton Carter

Attorney General

Loretta Lynch

Secretary of the Treasury Jack Lew

US Cabinet 2012

Executive Branch- Enforces the Laws

President and Vice President

Executive Agencies

Independent Agencies

Departments of:

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Agriculture, Commerce,

Defense, Education, Energy,

Health and Human Services,

Homeland Security,

Housing and Urban

Development, Interior, Justice, Labor, State, Transportation, Treasury, Veterans Affairs

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Central Intelligence Agency (CIA), Environmental Protection Agency (EPA), NASA, Peace Corps, Selective Service System, Social Security Administration, US Post Office

And many more…

*None of these agencies are in the constitution

*They have been added through the elastic clause

Presidential Powers��The “Hats” of the President

• Chief Executive: enforces laws
• Chief Legislator: Proposes legislation to Congress (including budget)
• Commander-in-Chief: of Military
• Chief Diplomat: Makes treaties with other nations
• Chief of State: Ceremonial Head of US Government

Special Powers of the President

• Can grant pardons
• Can issue executive orders (A declaration issued by the president that has the force of law that does not need an action by Congress to become effective)

http://www.presidency.ucsb.edu/executive_orders.php

Judicial Branch- Interprets the laws

http://en.wikipedia.org/wiki/Demographics_of_the_Supreme_Court_of_the_United_States

A Quick Bit about the Judicial Branch

• Jurisdiction- the power, right, or authority to interpret the law (for our class---which type of court is allowed to hear a case)
• Supreme Court---has appellate jurisdiction (hears cases that have already decided on in lower courts)

How is the President Elected?

1. Candidate- announces that he or she is running for president

• The two major political parties (Republicans and Democrats) need to narrow down the candidates to one per party

This is done through state primaries

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Republican Candidates

Democratic Candidates for President 2016

• National Conventions- delegates from each state choose the nominee for each party

*2016: Republicans- Cleveland Democrats- Philadelphia

4. Election Day- people vote for electors

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5. Electoral College

• Winner take all
• Example- NY has 29 electoral votes On election day Romney gets 999,999 votes from the people of NYS

Obama gets 1,000,000 votes from the people of NYS

Obama gets all 29 electoral votes from New York State

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Electoral College

• Each state gets electors based on their population
• Add number of reps in the House plus 2= State’s electors

• Washington DC gets 3 electors

Can you win the Popular Vote and not the Electoral Vote?

2000 Election- Popular Vote

• George W. Bush 50,460,110 votes 47.9% of the vote
• Al Gore 51,003,926 votes 48.4% of the vote

What about getting rid of a President?

• Impeachment: the process by which a legislative body formally charges a high official of government.
• Impeachment does not necessarily mean removal from office; it is similar to an indictment in criminal law, and thus is only the first step towards possible removal.
• Once an individual is impeached, he or she must then face the possibility of conviction via legislative vote, which then entails the removal of the individual from office. �

Those who have been IMPEACHED!

Impeachment Steps

• House votes to Impeach, or bring charges by a majority vote

• The trial takes place in the Senate
• The Chief Justice of the Supreme Court is the Judge
• The Senate is the Jury
• 2/3 vote needed to convict

Fun Facts

• No president has ever been convicted or removed from office
• President Richard Nixon resigned because a vote on impeachment was near (Watergate)

How a Bill Becomes a Law

• The bill must pass both houses of Congress and be signed into law by the President
• It may begin its journey at any time, but it must be passed during the same congressional session of its proposal, a period of one year.
• If it does not complete the process, it is dropped, and can only be revived through reintroduction and going through the whole process again.
• Less than 10% of proposed bills actually become laws!

School House Rock- I’m just a bill https://www.youtube.com/watch?v=tyeJ55o3El0

In each house, a bill must survive three stages:

• Committee consideration
• Floor debate
• Conference committees

• President can sign bill into law or veto bill
• If the President vetoes the bill Congress can override the veto by a 2/3 vote in EACH house

After a bill passes both houses:

Checks and Balances

• The ability to ensure that one branch does not become more powerful than the others
• Legislative: Impeachment, approve presidential appointments, override vetoes
• Executive: Executive Orders, veto
• Judicial- Judicial Review- the power to decide whether laws or actions are constitutional

http://www.youtube.com/watch?v=aO1zrnR6q7g&feature=related

Constitution and Change

• Elastic Clause (aka Implied Powers and Necessary and Proper Clause)

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• Amendments
• Congress proposes an amendment by a 2/3 vote of each house
• Proposed amendment goes to state legislatures and have to be approved by ¾ of states
• Very difficult to change (only 27 amendments)

http://www.youtube.com/watch?v=M0tnAx3B4vU&feature=rec-LGOUT-exp_fresh+div-1r-14-HM

• Unwritten Constitution: ideas and processes that came about through custom and precedent
• Cabinet
• Political Parties
• 2 Term Presidency- until FDR (22^nd Amendment)

Bill of Rights

Amendment 1:

• Freedom of speech, press, religion, assembly, petition

Amendment 2:

• Right to keep and bear arms

Amendment 3:

• Restricts gov’t from housing soldiers in private homes

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Amendment 4:

• Protection against unreasonable search and seizure
• Probable cause provision
• Search warrants

Amendment 5:

• Protection against Double jeopardy
• Can not be forced to be a witness against one’s self
• Due process of law
• Eminent domain

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http://www.youtube.com/watch?v=mdeo7Q2E5cE 5^th Amendment

Amendment 6:

• Speedy trial
• Jury in criminal cases
• Accused must be informed of crime, can confront witnesses, right to lawyer

Amendment 7:

• Jury in civil cases

Amendment 8:

• Protection against excessive bail and fines
• No cruel and unusual punishment

Amendment 9:

• Rights not listed in Constitution reserved to the people

Amendment 10:

• Powers not given to the national government are reserved for the states

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Amendment Clips

• Answer the following questions for each clip:
• Which amendment is being illustrated in the clip?
• Is the amendment being used correctly? (Ex. Is freedom of speech being upheld?)
• What is your opinion about the amendment itself or the actions portrayed in the movie clip? (Ex. Do you believe that this right should be guaranteed, the be expanded/limited, prohibited in certain cases?)

http://www.youtube.com/playlist?list=PLI6Nko1DvuFx2eoTWA7Gtv7bW679wW5i8