THE UNITED STATES CONSTITUTIONGovernment

Mr. Rosenstock

OUTLINE OF THE CONSTITUTION Preamble: this is a brief introduction that states the

purpose of the Constitution Articles: these sections explain features of our

government: Article I – the Legislative Branch these outline the Article II – the Executive Branch basic structure of Article III – the Judicial Branch government

Article IV – Relations among States these remaining

Article V – Amending the Constitution four address Article VI – Supremacy of National Law specific

topics Article VII – Ratifying the Constitution

Amendments: “Changes” to the Constitution. 27 in total First 10 amendments are our Bill of Rights

THE SIX BASIC PRINCIPLESI Popular Sovereignty: the source of

government power resides in the people. They are the only source of any and all government power. We are governed with our consent.

II Limited Government: this means that no government is all powerful, that a government may do only that which the people allow. Government must obey the law, and it (and its officers) are subject to the law – that being the Constitution.

III Separation of Powers: unlike parliamentary systems where power is lumped together in a parliament, in the U.S., power is divided into 3 branches: Legislative (Congress), Executive (President) and Judicial (Courts): each with specific powers and rights.

IV Checks and Balances: while each branch has its own powers, they are tied to each other in such a way to prevent any one branch from becoming too powerful. Each branch can “check” and therefore “balance” the other two branches.

In 1998, charges were brought against President Bill Clinton, including obstruction ofJustice, misuse of FBI files, perjury (lying) toCongress, and his affair with White House Intern, Monica Lewinsky.

The House of Representatives voted to impeachPresident Clinton, making him the second President in history impeached (President Andrew Johnson was the first). The Senatedid not vote to remove Clinton from office.

(ex.) Congress has the right to try the President for unlawful conduct while in office and to impeach (bring charges) and remove the President.

V Judicial Review: this aspect of checks and balances is so important – it gets its own principle. Judicial Review is the power of the courts to determine whether what the government does is legal and allowed under the Constitution.

(ex) the Supreme Court struck down laws enforced in 48 of 50 states that banned the burning of the flag (Johnson v. Texas, 1989). The Supreme Court found that burning the flag is part of our First Amendment right to freedom of speech.

VI Federalism: the powers held by government are shared between the national (federal) government in Washington DC and the 50 state governments around the country. The state governments in turn allow local (city) governments to hold some power as well.

The reasons for our system go back to the founding of the country. Many of our founders were against a strong

national government: when colonies, Americans were taxed without representation, grievances ignored by the king. “Checks” meant to reign in strong government.

Under the Articles of Confederation, government too weak, couldn’t function, states had majority of power. Constitution gives the Federal government power to raise taxes and function. Bill of Rights gives citizens rights.