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YODER | ch.3 the constitution | GOVERNMENT

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on 6 December 2016

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Transcript of YODER | ch.3 the constitution | GOVERNMENT

the
CONSTITUTION
ch.3 | pg.63
STRUCTURE
of the Constitution
MONTESQUIEU
baron charles de
French scholar of the 18th century
known for his works called "THE SPIRIT OF LAWS"
took him 2 solid years of uninterrupted labor to be completed
MAJOR CONTRIBUTION
government based on "separation of powers", but "coordinated powers"
"oftentimes better regulated by many than by a single person"
set forth the model for drafting the constitution
called for one single executive (Vir./NJ Plans called for several)
what is the key to success for
this type of government system?
the need for an "enlightened electorate"
"If a nation expects to be ignorant and free, in a state of civilization,
it expects what never was and never will be."
-- Thomas Jefferson
" Our Constitution was made only for a moral and
religious people. It is wholly inadequate to the
government of any other."
- John Adams
"when the righteous are in authority, the people rejoice;
but when the wicked beareth rule, the people mourn."
- Proverbs 29:2
"...of the people, by the people, for the people..."
- Lincoln
Northwest Ordinance | 1787
"ARTICLE 3: Religion {61}, morality, and knowledge being necessary to good govt and happiness of mandkind, schools and the means of education shall be ever encourged."
"a standard of behavior distinguishing right from wrong"
history, geography, science
7,000 words and is divided into 3 parts
does not spell out every aspect of how the govt should run
PREAMBLE |
articles
| AMENDMENTS
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
is a brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve.
I. | Establishes the Legislative Branch
House of Representatives (lower) + Senate (upper) = CONGRESS
laws Congress can pass & powers Congress doesn't have
II. | Establishes the Executive Branch
President is head of E.B
qualifications for office, procedures for election, vice president
III. | Establishes the Judicial Branch
Supreme Court is head J.B.
outlines jurisdiction of S.C. & other federal courts
IV. | Relationship of states with one another and national govt
citizens sames rights as own, admitting new states, protect from invasion
V. | Process of altering the Constitution
VI. | Debts, Supremacy, Oaths
supremacy clause (laws passed by Congress are 'Supreme Law of the Land'
VII. | Ratifications
needing 9 states to ratify
27 amendments to the original constitution
amendments allow the Constitution to be responsive to the
needs of a changing nation
6
MAJOR PRINCIPLES
OF THE CONSTITUTION
1)
POPULAR SOVEREIGNTY
"rule by the people"
the US government is based on the consent of the people and the authority
of the government comes from the people [representative democracy]
(2
federalism
power divided b/t
national & state govt
the founders wanted to make sure the national govt did not have too much power and this served as the best model. both have their own agencies, officials, and laws.
3)
SEPARATION OF POWERS
each branch has their own responsibilities
John Adams was the
driving force behind the idea of Separation of Powers & Adams was influenced by the works of Montesquieu.
4)
checks & balances
[each branch has some control over the other two branches]
complete separation would have made system not functionable
James Madison devoted Federalist Papers (47-51) on this subject alone
"...the trick is to separate the powers and then delicately lace them
back together again as a balanced unit."
F.F. purpose of constitutional control in the hands of each department is to prevent another department from abusive administration of powers
the Founders created a machine for peaceful means of self repair when the system went out of balance (Ex: Watergate)
5)
JUDICIAL REVIEW
courts have the power to declare laws & actions of Congress/President unconstitutional
Supreme Court has the final authority on the meaning/interpretation of the Constitution
this was not given by the F.F. but in the S.C case Marbury v. Madison in 1803
citizens can questions acts of the govt through the courts system
6)
limited govt
Constitution limits the actions of govt by
specifically listing powers it does/does not have
3 Branches of the Government
LEGISLATIVE
branch
the Founders originally expected Congress to be the most powerful
branch, but feared it would become like the British Parliment
Enumerated Powers or
expressed powers | #1 - 18
powers directly stated in the Constitution
SENATE
HOUSE OF
REPRESENTATIVES
6 year terms 2 year terms
100 members 435 members
30 years old 25 years old
citizen 9 years citizen 7 years
CONGRESS
Economic Legislation

Provide for Defense

Elastic Clause
levy taxes - borrow money - regulate commerce
coin money - punish counterfeiting
punish piracies - declare war - raise & support armed forces provide a navy - regulate the armed forces - call forth a militia
- organize a militia
make laws that are "necessary and proper"
[based on
population]
STRICT CONSTRUCTIONIST v. LOOSE CONSTRUCTIONIST
only be used if the inability to make a law harms the intent of one of the enumerated or delegated power of the constitution
“Elastic Clause” expands authority of government to all areas tangible to the delegated powers allowing the government to expand its powers
FEDERAL HALL | NYC
first capital of the U.S.
bill of rights ratified
Washington inauguration as the
1st president
demolished in 1812
1785-1790
old city hall | philadelphia
1791 - 1800
first capital of the U.S.
bill of rights ratified
Washington inauguration as the
1st president
demolished in 1812
EXECUTIVE
JUDICIAL
THE FOUNDERS CREATED A SINGLE, STRONG
PRESIDENT, OPERATING WITHIN A CLEARLY DEFINED
FRAMEWORK OF LIMITED POWER
vague constitutional powers
designed to keep the legislative branch in check and gives
the president a board but vaguely described powers.
ARTICLE II states "The executive power shall be vested in a President
of the United States of America."
SPECIFIC POWERS
1 | commander and chief of Army/Navy/state militia
2 | appoints heads of executive departments
3 | pardon people convicted of federal crimes
4 | make treaties w/consent of Senate
5 | appoint ambassadors, fed. court judges
6 | deliver State of the Union messages to Congress
7 | call Congress to special session
8 | commissions all military officers

9 | ensures laws of Congress are "faithfully executed"
EX: Obama ousted Gen. McChrystal & nominated Petraeus
WASHINGTON
only 2 other presidents in American history faced similar crises (?????)
THE AMERICAN FOUNDING
- there was no viable American nation when he took office
- 4 million citizens pleged alliagence to their states
Washington stated "I walk on untrodden ground." (what does this mean?)
judge of talent
- James Madison, Thomas Jefferson, Alexander Hamilton, Henry Knox
only president to recieve all of the electoral votes
served two terms and then retired to his private life....why????
did not belong to a political party....why???
1| George Washington, 1789-1797
2| John Adams, 1797-1801
3| Thomas Jefferson, 1801-1809
4| James Madison, 1809-1817
5| James Monroe, 1817-1825
First 10 Presidents of the United States
6| John Quincy Adams, 1825-1829
7| Andrew Jackson, 1829-1837
8| Martin Van Buren, 1837-1841
9| William Henry Harrison, 1841
10| John Tyler, 1841-1845
federalists v. ANTI-FEDERALISTS
in favor of the Constitution over the Articles
James Madison, Alexander Hamilton & John Jay wrote the Federalists Papers in favor
in favor of a strong govt for protection
not in favor of the constitution b/c it lacked a Bill of Rights
they felt the govt would become too powerful over the people
QUALIFICATIONS
over 35 years of age
lived in the US for at least 14 years
natural born citizen
{KNOWN AS THE SUPREME COURT}
federal system
STATE SYSTEM
treaties w/ foreign nations, interpretations of constitution, US laws, or maritime law
50
john jay was appointed the
first supreme court chief justice
MARBURY v.
madison
{1803}
in court established it has the final say on what the Constitution means. it also has
the final say in whether or not an act of govt violates the Constitution.
brown v. BOARD OF EDUCATION (1954)
PLESSY v. ferguson (1896)
MIRANDA v. arizona (1966)
roe v. WADE (1973)
WISCONSIN v. yoder (1972)
AMENDMENTS TO
the Constitution
AMENDING the
constitution
HISTORY
in 1787 the 13 states were based on agriculture
all located along the Atlantic coast
Constitution was designed to adapt to new
conditions, but not be too easy to change
PROCESS
RATIFIED: or approved
brought forth on the national level &
ratified on a state by state basis
BOOK PG. 77
27
AMENDMENTS
B
ILL OF
R
IGHTS
1st AMENDMENT | 1791
[freedom of religion, speech, press, petition & assembly]
2nd AMENDMENT | 1791
[bearing arms]
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
3rd AMENDMENT | 1791
4th AMENDMENT | 1791
5th AMENDMENT | 1791
6th AMENDMENT | 1791
7th AMENDMENT | 1791
8th AMENDMENT | 1791
9th AMENDMENT | 1791
10th AMENDMENT | 1791
[quartering of troops]
[searches & seizures]
[rights of accused persons]
[right to speedy, fair trial]
[civil suits]
[bail & punishment]
[powers reserved to the people]
[powers reserved to the state]
people have the right to privacy of their own homes & this
was a grievance against the British government in the Declaration of Independence
Critics attacked the proposed Constitution for not protecting the rights of the citizens. Congress proposed 12 admendments & sent them to the states for ratification.
In 1791 the states ratified 10
of the Admendments which
became known as the
Bill of Rights
for a search/arrest to be lawful it must be based on probable (reasonable) cause & usually
this requires a search warrent or arrest warrent. the warrents are
issued by a judge & can be for specific items only
1. cannot be tried for a serious crime unless found guilty by a grand jury
2. prohibits double jeopardy
3. no one will be forced to testify against himself
4. eminent domain
right to know the charges brought against them
speedy trial
change of venue
right to hear/respond to all witnesses against them
right to a jury trial in federal courts to settle all disputs about property
worth more than $20
prohibits excessive bail & it will be set by a judge
prohibits excessive fines if found guilty
bans "cruel & unusually punishment"
Declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the people have other rights not specifically mentioned, but rather retained elsewhere by the people.
it confirms that the people & state have rights that the
national govt may not assume
IMPEACH
formal process in which an official is accused of unlawful activity and the outcome of which can lead to the removal of that official from office or other punishment.
House may impeach, but it is up to the Senate to determine
guilt or innocence.
"The President, Vice President, and all civil officers of the US shall be
removed from office on impeachment for conviction of,
Treason, Bribery, or other high Crimes and Misdemeanors."
Article II, Section 4
60 people have been investigated on impeachment charges
3 presidents
- Andrew Johnson: 1 vote short of being found guilty
- Richard Nixon: left office before it a Senate decision
- Bill Clinton: found not guilty by Senate
AMAZING AMENDMENTS
The following is a very limited list of some of those proposed amendments that never left the halls of Congress:
1876: an attempt to abolish the United States Senate
1876: the forbidding of religious leaders from occupying a governmental office or receiving federal funding
1878: an Executive Council of Three should replace the office of President
1893: renaming this nation the “United States of the Earth”
1893: abolishing the United States Army and Navy
1912: making marriage between races illegal
1916: all acts of war should be put to a national vote. Anyone voting yes had to register as a volunteer for service in the United States Army
1933: an attempt to limit the personal wealth to $1 million
1936: an attempt to allow the American people to vote on whether or not the United States should go to war
1938: the forbidding of drunkenness in the United States and all of its territories
1971: American citizens should have the alienable right to an environment free of pollution.
11th AMENDMENT | 1795
12th AMENDMENT | 1804
16th AMENDMENT | 1913
13th AMENDMENT | 1865
17th AMENDMENT | 1919
14th AMENDMENT | 1868
18th AMENDMENT | 1919
24th AMENDMENT | 1964
15th AMENDMENT | 1870
25th AMENDMENT | 1967
26th AMENDMENT | 1971
27th AMENDMENT | 1992
20th AMENDMENT | 1933
21st AMENDMENT | 1933
22nd AMENDMENT | 1951
23rd AMENDMENT | 1961
19th AMENDMENT | 1920
[suits against states]
[election of President/VP]
[abolition of slavery]
[rights of citizens]
[right to vote]
[income tax]
[direct election of senators]
[prohibition of alcoholic beverages]
[woman sufferage]
["Lame Duck"]
[repeal of prohibition]
[limit terms on presidents]
[presidential electors for D.C.]
[abolition of poll tax]
[presidential disability/seccession]
[18 years old to vote]
[restraint on Congressional salaries]
Clarifies judicial power over foreign nation, and limits ability of citizens to sue states in federal courts and under federal law.
Required presidential electors to vote separately for president & VP
Abolishes slavery and grants Congress power to enforce abolition.
granted citizenship to all persons born/naturalized in US
banned states from denying any person life, liberty, or property w/o due process of law
- Brown v. the Board of Education
banned states from denying any person equal protection under the laws
extended voting rights to African American males
congress can levy an income tax
election of US Senators by direct popular vote instead of by the state legislatures
gave congress the power to outlaw the manufature, sale, and transport of liquor
extended the right to
vote to women
shortened time b/t presidential elections
Jan. 20 as inauguration day
Jan. 3 as opening day of Congress
empowered Congress to regulate the liquor industry.....why didn't the
18th amendment work????
limited to 2 terms
what is the max amount of year a president can serve???
voters in DC the right to vote for President and VP
states could no longer requiring the payment of a poll tax
to vote in a federal election
provided the successsion to the office of the presidency
1 Vice President - Joe Biden
2 Speaker of the House - Nancy Pelosi
3 President pro tempore of the Senate - Daniel Inouye
4 Secretary of State Hillary - Rodham Clinton
5 Secretary of the Treasury - Timothy Geithner
6 Secretary of Defense - Robert Gates[2]
7 Attorney General - Eric Holder
8 Secretary of the Interior - Ken Salazar
9 Secretary of Agriculture - Tom Vilsack
10 Secretary of Commerce - Gary Locke
what was happening at this time?????
congressional pay raises effective during the term following their passage
took over 200 years to pass with Michigan ratifiying it in 1992
Full transcript