WHAT IS A CONSTITUTIONTEKS OBJECTIVE 7A
Formation of Government
A written constitution defines purpose, powers,rights, and responsibilities of citizens, and describes the operation systems of government.
Purposes of a Constitution
ESTABLISHES IDEALS THAT PEOPLE BOUND BY THE CONSTITUTION BELIEVE IN AND SHAREESTABLISHES THE STRUCTURE OF GOVERNMENT DEFINING IT ’S POWERS AND DUTIESPROVIDES THE SUPREME LAW FOR THE COUNTRY
SETS FORTH THE GOALS AND PURPOSES TO BE SERVED BY THE GOVERNMENT
“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
Framework of the Constitution
Describes the relationship between the national government and the state governments
Describes the procedures for amending or changing the Constitution
It is divided into 7 articles, 21 sections, and many, many clauses
It is built on the principal of limited government, that is, constitutional government establishing higher or fundamental law that must be obeyed by everyone, including those in power
It draws its authority from those who create it
Preamble & Articles
Preamble: states the goals of governmentArticle I: Legislative Branch (House of
Representatives and the Senate)Article II: Executive BranchArticle III: Judicial BranchArticle IV: Actions Among StatesArticle V: The Amendment ProcessArticle VI: Supremacy ClauseArticle VII: RatificationWe will discuss the specifics of Articles 1-3 in
different Chapters
Article IV
Explains the relationship between the states and the between the states and the national government Requires every state to give citizens of this country the same
rights as their own citizens Prior to the Constitution, documents (like a marriage certificate,
or more currently a driver’s license) might not be valid in a different state unless the states had a treaty with one another. So without this Article, you could have a Texas driver’s license and not be allowed to drive in Oklahoma or Louisiana, or anywhere else.
It also guarantees that the national government will protect the states from foreign invasion (i.e. the Mexican-American War)
Article V
Discusses the processes for Amending the Constitution
2/3 of Congress proposes and ¾ of the states approve
Second method is for a national convention to be called and ¾
of the states approve (never passed an Amendment this way)
Article VI
The US incurs all debts of the states from before the Const.
US Const is the supreme law (Supremacy Clause) Any law passed by a state, that contradicts the federal
law will be voidedOaths of office – no religious test
Article VII
Ratification – required only 9 of the 13 statesSame number required to pass a law under
the AoC but all 13 were required to amend the AoC
Was signed by 39 of the 55 delegatesWas finished in September 1787Went into effect in June 1788
Principles of Government
There are 7 principles of Government found in the US Constitution
Popular SovereigntyFederalismSeparation of PowersChecks and BalancesLimited GovernmentRepublicanismIndividual RightsYour book lists Judicial Review, but that is not found in
the Constitution, it is added with the Supreme Court case Marbury v. Madison