Chapter 9 The Constitution: A More Perfect Union

Chapter 9 The Constitution: A More Perfect Union *The framers organized the contents of the Constitution very clearly. After a short introduction, they divided it into parts called articles, and each article into numbered sections. *The Constitution can have things added to it, and things changed in it. For this reason it is a strong, flexible “living” document. *More than 200 years after its creation, a vastly different United States is still governed by this ingenious document called the Constitution. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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Preamble

9.2 The Preamble Tells the Goals of Government *The introduction to the Constitution is called the Preamble. The Preamble explains the reasons for the new government. *Begins with the phrase “We the people.” *This phrase means that the power to form a government does not come from the states or from a sovereign( ruler), it comes from the people. *This is known as popular sovereignty. *Preamble then lists the goals of the new government: - To form a more perfect union. - To establish justice. - Insure domestic tranquility. - Provide for the common defense. - Promote the general welfare. - Secure the blessings of liberty to themselves and to posterity.

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9.3 The Legislative Branch Makes Laws The Structure of Congress *Congress is a bicameral national legislature made up of the House of Representatives and the Senate.

*Senators serve-six year terms.

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*House members serve two-year terms. *Each state has two senators. *Representation in the house is based on state population. *There are 100 senators. *There are 435 representatives in the House. *Senate is called the “upper house.” House of Representatives is called the “lower house.” *Senators must be at least 30 years old. *House members must be at least 25. *Senators must have been citizens for *House members must have been at least nine years. citizens for at least seven years.

9.3 Continued… How Congress Passes Laws *Any member of the House or Senate can submit a proposal for a new law, called a bill. *Only the House can propose new taxes. *If a majority in one house votes in favor of the bill, it is sent to the other house for debate. *If both houses approve the bill, it goes to the president. The bill becomes law if the president signs it. *The president can veto (reject) any proposed law, but Congress can override the president’s veto with a two-thirds majority in both houses.

I’m just a bill

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9.3 Continued… The Powers of Congress *Article I spells out the other powers of Congress. - To decide how to spend money raised through taxes. - To raise an army and navy. - To declare war. - To pay government debts. - To grant citizenship. - To ”make all laws which shall be necessary and proper” to carry out its other powers. - This is known as the “elastic clause.”

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Test Prep     

The main job of the legislative branch is to A) resolve disputes involving the law. B) enforce and carry out federal laws. C) make laws needed for the country. D) obey laws once they are passed.

 Answer: C) make laws needed for the country.

Test Prep  A bill cannot become a law until it is  A) approved by Congress and judged constitutional by the supreme court.  B) proposed by the president and approved by Congress.  C) approved by Congress and signed by the president.  D) proposed by Congress and ratified by the states.  Answer: C) approved by Congress and signed by the president.

Test Prep     

The “elastic clause” gives Congress the power to A) amend the Constitution as times change. B) declare actions of the president unconstitutional. C) veto decisions of the Supreme Court. D) pass laws needed to carry out its other powers.

Answer: D) pass laws needed to carry out its other powers.

9.4 The Executive Branch Carries Out the Laws *Article II of the Constitution describes the executive branch. *The head of the executive branch is the president. Electing a President *To win the presidency, a candidate needs a majority of the “electoral vote.” *The president serves a four-year term. *A president may be reelected only once. *President makes a solemn promise called the “oath of office” and promises to defend the Constitution. *The president must be a natural-born American citizen and at least 35 years old.

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9.4 Continued… The Powers of the President *Commander in chief of the nation’s military forces. *Can make treaties with other nations. *Nominates ambassadors to other nations as well as Supreme Court justices (judges). *Can grant pardons to people convicted of violating federal laws. *Executive branch has over a dozen departments to help carry out its duties, including: - State Department (handles relations with other countries). - Justice Department (is involved in law enforcement and court actions). *The president’s cabinet(advisors) is made up of the heads of the executive departments.

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Members of the First Cabinet of the First President, George Washington

9.4 Continued… Removing the President *The Constitution gives Congress the power to remove a president from office if he/she commits certain crimes related to their duties. *The House of Representatives can vote to impeach (formally accuse) the president of a crime specified in the Constitution. *If the House votes to impeach, the Senate puts the president on trial, with senators serving as jury. *If found guilty, the president is removed from Office. Drawing of the Impeachment Of President Andrew Johnson

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Test Prep     

The most important task of the executive branch is to A) resolve disputes involving the law. B) enforce and carry out federal laws. C) decide which laws are constitutional. D) change laws to fit changing needs.

 Answer: B) enforce and carry out federal laws.

9.5 The Judicial Branch Interprets the Law *The judicial branch is responsible for protecting the Constitution. *It consists of a system of federal courts and judges. *Article III of the Constitution establishes the country’s highest court, the Supreme Court. *Inferior (lower) courts meet the nations needs at the local level. *Federal courts have the power to resolve disputes involving national laws, the federal government or the states. The Federal Court System *The United States is divided into large geographical districts that cover several states. District courts hear cases involving federal laws. Appellate courts review cases to determine if the original trial was fair and legal. A decision by an appellate court can be appealed to the Supreme Court. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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9.5 Continued… The Powers of the Supreme Court *The last stop in the judicial system. *Its decisions are final. *Consists of nine judges. *Once appointed, they serve for life. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. *Cases go to the Supreme Court after a trial and an appeal in lower courts. *Review about a hundred cases a year. *Reviews cases if the justices think that a lower court decision might be unconstitutional. *After hearing arguments from both sides, the justices debate among themselves and vote. The decisions are announced in writing and are final. *The power to decide whether laws and actions by the legislative and executive branches conflict with the Constitution is called “judicial review.”

Test Prep  The Supreme Court’s power to declare a law unconstitutional is known as  A) judicial review.  B) veto power.  C) federalism.  D) the amendment process.  Answer: A) judicial review.

Test Prep     

The judicial branch is responsible for A) resolving disputes under the law. B) putting federal laws into effect. C) vetoing laws it doesn’t like. D) making new laws to stop crime.

 Answer: A) resolving disputes under the law.

9.6 Checks and Balances Between the Branches *System of Checks and Balances: A system that enables each branch of the government to limit the power of the other branches. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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9.6 Continued… Checking the Power of Other Branches *”Checks” allow one branch to block the actions of another branch. Balancing the Power of Other Branches *”Balances” allow each branch of the Government to have some role in the actions and power of the other branches. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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Test Prep     

The framers designed a system of checks and balances to A) share power between the national and state governments. B) make it difficult but not impossible to amend the Constitution. C) make sure that the Constitution was the supreme law of the land. D) keep any one branch of government from becoming too powerful.

 Answer: D) keep any one branch of government from becoming too powerful.

9.7 The Amendment Process Changes the Constitution Changing the Constitution *Amendments (changes to the Constitution) are described in Article V. *Proposing an amendment requires 2/3 vote of both houses of Congress… -or…a national convention called by Congress at the request of 2/3 of the legislatures of all the states. *Before an amendment can become part of the Constitution, it must be approved by the legislatures (or by special conventions) in 3/4 of the states. *Once an amendment is approved, it becomes part of the supreme law of the land.

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9.7 Continued… *Over the years, people have suggested more than 10,000 amendments to the Constitution. *Only 27 of these have been approved. *The first ten amendments are called the Bill of Rights. *They guarantee specific rights to citizen. *They were added almost immediately after the Constitution was ratified. *The other 17 amendments became part of the Constitution one at a time.

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James Madison reads his proposed Bill of Rights in the First Congress in 1789.

9.8 The Federal System Connects the Nation and the States *The Framers of the Constitution created a federal system of government in which power is shared between the national and state governments. Powers Belonging to the National Government -to declare war. -to print and coin money. -to regulate commerce with foreign nations and among states (interstate commerce). Known as the “commerce clause.” *Commerce clause made the entire United States a common market. *Advantages to having a common market: -Goods and services can flow easily across the Country. -Easier to create large businesses that cross state lines. Helps to create a single national economy.

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9.8 Continued… Powers Belonging to the States *States retain any powers that are not given to the national government. *States make laws involving schools, marriage, local governments, owning property, licensing doctors and lawyers, and most crimes. *States must accept other states’ laws and decisions as legal. *States must help each other track down fleeing criminals. *States cannot discriminate against a citizen of another state.

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9.8 Continued… Shared Powers *Raise taxes *Build roads *Borrow money *Regulate commerce *Punish criminals *This sharing of power between the national and state governments is called Federalism. It continues to evolve through new laws, court decisions, and constitutional amendments.

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9.9 Popular Participation in Government *Constitution establishes the principle of majority rule. *Laws are passed and elections are decided by a majority of voters. *Elections serve as the vital function of expressing the will of the people. *The Constitution makes no mention of political parties, but parties select most candidates for political office. *Interest groups promote the views of some part of the public on specific issues. Interest groups also get people involved in politics. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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Test Prep     

The Constitution has survived for more than 200 years because it A) gives more power to the states than to the national government. B) combines a strong framework for the government with flexibility. C) creates a framework for government that can never be changed. D) has been amended thousands of times to make it work better.

 Answer: B) combines a strong framework for the government with flexibility.

9.10 Chapter Summary *The Constitution created in 1787 is both strong and flexible. *The Preamble explains that authority comes directly from the people. *Power is divided among the three branches of government. *Legislative branch makes the laws. *Executive branch carries out the laws. *Judicial branch makes sure that the actions of the other two branches agree with the Constitution. *System of checks and balances keeps any branch from gaining too much power. *The system called federalism ensures that power is shared between the states and the national government. *The Constitution is flexible enough to adapt to changing times. *27 amendments have been added to the Constitution. *The first 10 amendments are called the Bill of Rights. They guarantee the most cherished rights of American citizens. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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