The Constitution: A Blueprint

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- President Obama

The Constitution

Unit Three

We the People of the United States, in Order to form a more

perfect Union, establish Justice, insure Domestic Tranquility,
provide for the common defense, 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.

// Preamble, The United States Constitution//

Goals of the Constitution

#2- Establish Justice

There are six goals that the Framers wanted the national government to

accomplish…

#3- Ensure Domestic

Tranquility

#5- Promote the General

Welfare

#1-Form a More Perfect Union

#4- Provide for the Common

Defense

Strengthen the relationship among

the states as part of a union and

between the states and the national
government as part of a new federal

system.

-provide laws that are

reasonable, fair, and impartial

and make sure that the

administration of those laws is

also reasonable, fair, &

impartial

-

-defend national against foreign

enemies

#6- Secure the Blessings of

Liberty

-keep peace and maintain
order within the country

-allow all states and citizens to

benefit in the military and

economically from the protection
of a strong national government

-protect the liberties recently won in
the American Revolution & preserve

them for the generations to come

Governing After a Revolution

Iroquois

Confederation

-Many of the Framers were students of political philosophy & history

Greek

City-States

Roman Empire

European

Monarchies
Establishing a

system of law was

essential

Laws must be
enforceable

Achievements &
Failures of Past

Governments

The Constitution Is The Blueprint

-the Constitution placed specific restraints on the power of the government

to take actions that would violate the basic rights of citizens.

3 Main
Parts

Preamble

The Articles

The

Amendments

The Constitution Is the Blueprint…

The Preamble

Principles of the Constitution

Introduction to the constitution
that sets broad goals for the new

government
The seven articles are

remarkable in that only 27
changes… or amendments

Limited Government

Popular

Sovereignty

Separation
of Powers

Judicial Review

Federalism

Checks

and

Balances

The Articles &
Amendments

People

establish

Government
and are the
source of its

power

Government powers are

restricted to protect

individual rights

Power is

divided among

executive,

legislative, and

judicial
branches

Each branch
has authority
to “check” the

other

branches

Judiciary has
power to strike

down laws &

other

government

actions (under
constitution)

Rights of states are

protected due to division of

powers between national

and state governments

Framers believed that if the federal government
remained true to these principles the goals of the

US constitution would be accomplished…

Created a Republic- NOT a direct democracy

Local Elections
to Presidential

Elections

How is popular sovereignty expressed in the Constitution?

#1- Popular Sovereignty

Popular sovereignty still exists

Elections

The concept that the government gets its authority from the people and that

the ultimate political power remains with the people (Preamble)

Voting gives an
opportunity to
fire the leader

Every elected
leader works

for you

Basic Principles of Governing…

Constitutional limits on popular sovereignty

How

constitution

can be

amended

Madison and

Federalist
Paper #10
(factions)

Rule of Law

Defines the powers

of Congress

#2- Limited Government

Limited Sovereignty is seen

through the constitution

Article 1,
Section 8

The principle that the powers and functions of government are restricted

by the U.S. Constitution and other laws.

Bill of Rights
Article 1,
Section 9

Basic Principles of Governing…

The concept that every member of society must obey

the law and is never above it

Declare

war

Raise
armies

Impose taxes

Specifically

denies Congress
certain powers

grant titles of

nobility

Pass laws that make criminal

an act that was legal when

committed

Prohibits government

from violating an
individuals rights

Free Speech

Jury Trial

The first three articles of the constitution list the responsibilities and

powers of each branch

#3- Separation of Powers

Article 2

Creates and
Empowers

Congress (House
of Representatives

and Senate

The duties of governing are divided among three branches: legislative,

executive, and judicial

The Judicial
Branch must
interpret and
apply the law

Establishes the duties of the

executive branch, which

comprises the president, vice
president and many executive

departments

Basic Principles of Governing…

Article 3

Establishes the
Judicial Branch,

including the

Supreme Court.

Article 1

Common Good

Can check the

executive branch

by controlling

taxes & spending

#4- Checks and Balances

Checks and

Balances

Congress

The framers wanted to be sure that none of the branches, especially the

executive branch would become to powerful

Judicial

Executive

Basic Principles of Governing…

Policies and actions that benefit all of society

House of
Reps must

pass bill

Senate can reject

presidential
nominations

Then Senate must

pass bill

Veto

Can check the powers of the

legislative and executive

branches by declaring their

acts unconstitutional

Supreme Court=

Lifetime Term

President Nominates

health

safety

defense programs

can declare

war

Must approve
international

treaties

Congress

can

override
the veto

with a 2/3

vote

Senate Confirms

Marbury v. Madison

Refers to the system that gives each branch of

government the power to change or cancel acts of

another branch

Unconstitutional

Federalist Papers

#5- Judicial Review

Judicial review plays a pivotal role in American Democracy, but

is not specifically mentioned in the Constitution

The power of courts to determine whether the actions of the legislative and

executive branches of government are constitutional

Firmly

established the

principle of

Judicial Review

Basic Principles of Governing…

Any law or government action that is found to

violate a part of the Constitution

James

Madison

Article 3, Section 2

Judicial Power Extends to all
cases under the Constitution

Marbury v. Madison

An unconstitutional act is deemed illegal and cannot be enforced or carried

out by the government

William Marbury

Marbury v.Madison

Established the Supreme Court’s power to decide whether laws are constitutional

John Marshall

Served for

34 years

John Adams
named chief

justice

Marbury.
Madison

McCulloch
v. Maryland

Most influential justice

on US Constitutional

law

John Adams

appointed

Attempted to change the

method of awarding

electoral votes in

Maryland

If this had happened Jefferson

would have lost and Adams
would have had a 2nd term as

president

Marbury v. Madison…
Background

Arguments for

Marbury

The presidential election of 1800 between Jefferson & Adams was bitterly contested

Eventually Jefferson won… by

ONE vote

*should receive commission
because it had been signed

He also nominated John Marshall his
secretary of state to be chief justice of

the Supreme Court

*Madison argued that Jefferson had

ordered him not to deliver

Marshall and the Commissions

Jefferson argued that the Judiciary Act
of 1789 did not give the Supreme Court

authority to order him to deliver the

commission

Judiciary Act 1789, Section 13

Jefferson won the popular vote, but
confusion over the electoral college
handed the election to the House of

Representatives

Before he took office (1801), Adams
appointed 58 members of his own
party (including Marbury) to fill

government posts.

Arguments for

Madison

Asked for a writ of mandamus

Marbury v. Madison ruled that Marbury
did have a right to receive his commission
Ruling

#6- Federalism

Article 4

Congress has the
power to “make

all laws”

The powers of the government are distributed between the national and

state governments

Allows flexibility the federal government needs to meet national
problems at the same time it guarantees the states to retain the

powers and rights necessary to meet their needs

Supremacy clause

Basic Principles of Governing…

10th Amendment

“The powers not

delegated to the US
by the Constitution
nor prohibited by it

to the states, are
reserved to the

states respectively
or to the people.”

Article 1,
Section 8

Declares that the

Constitution

(together with US

Laws) is the

“supreme law of the

land”

Most Americans accept strong federal authority on matters such as

national defense, disaster response, and highway construction