THE CONSTITUTIONGOALS OF THE CONSTITUTION• Form a More Perfect Union• Establish Justice• Insure Domestic Tranquility• Provide for the Common Defense• Promote the General Welfare• refer to problems under the Articles
of Confederation
PREAMBLE = Intro
Principles of the Constitution• deal with limiting the power of gov't and ensuring peoples rights
• Popular Sovereignty – The people rule.• Limited Government – The people retain certain rights that cannot be denied by the government.• Federalism – The states and the federal government share power.• Separation of Power – 3 Branches + Checks & Balances.• Rule of Law – Everyone must follow the law.
STRUCTURE OF THE CONSTITUTION7 ARTICLES OF THE CONSTITUTION
Article I Legislative BranchArticle II Executive BranchArticle III Judicial BranchArticle IV States and Federal GovArticle V Amendment ProcessArticle VI Supremacy of National LawArticle VII Ratification
Powers of the ConstitutionEnumerated Powers: NUMBERED in Article 1 Section 8
Expressed Powers: Powers directly stated in the constitution
Elastic Clause #18: the enumerated power known as the "necessary and proper" clause
Inherent Powers: Powers that the national gov't may exercise simply because it is a gov't
Implied Powers: Powers needed to do the expressed powers but not specifically mentioned in the Constitution.
ARTICLE I: LEGISLATIVE BRANCH• CONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS
HOUSE OF REPRESENTATIVES• Based on State Population• Directly Elected by People• 2 year term, must be 25
SENATE• 2 Per State• 6 year term, 30 years old• Originally selected by State Legislatures• Today Directly Elected
MAJOR POWERS OF CONGRESS (Sec. 8)• Tax/Tax Imports (stuff coming in)• Declare War• Raise/Maintain and Army• Regulate Interstate Trade (states)• Elastic Clause (power make laws down the road!)• Create Postal System• Coin Money• Create Lower Federal Courts
POWERS DENIED CONGRESS• Suspend Writ of Habeas Corpus (right to trial)• Pass Bills of Attainder (groups right to trial)• Ex Post Facto Law (can't change laws to punish)• Tax Exports (Would hurt southern farmers)
ARTICLE II: EXECUTIVE BRANCH• PRESIDENT: PURPOSE – ENFORCE THE LAW• Elected for 4 years, must be 35, natural born citizen of USA
ROLES OF THE PRESIDENT• Chief Executive• Commander-in-Chief• Legislative Leader• Protector of the economy• Chief of State• Foreign Policy Maker/Diplomat
POWERS OF THE PRESIDENT• Enforce laws passed by Congress• Send troops into battle• Enter into Treaties• Appoint Federal Judges• Appoint Ambassadors• Grant Pardons - Reprieves
ARTICLE III: JUDICIAL BRANCH· SUPREME COURT – PURPOSE – INTERPRET THE LAW
SUPREME COURT• 9 Justices – Appointed by the President / Confirmed by Senate• Justices serve life terms• Supreme Court oversees actions of Congress and the President• Court uses the Constitution to make sure government actions are Constitutional (laws/policies)• Highest court in all the land
ARTICLE IV: RELATIONS AMONG THE STATES• establishes what the states agree to do for one another• what the federal government will provide to each state
STATE to STATE• Respect laws, contracts, etc.. Full Faith & Credit• Extradition – send criminal to stand trial in other states.
FEDERAL to STATE• Rules for admitting new states to the Union• Republican form of Government• Protect against invasion
ARTICLE V: AMENDMENTS· PROCESS BY WHICH CHANGES CAN BE MADE TO THE CONSTITUTION
PROPOSAL· Amendments to the
Constitution must be approved by 2/3 of both houses of Congress to be proposed
(or)
· 2/3 of the states call for a national convention for the proposal of an amendment
RATIFICATION· Amendments must be
ratified by ¾ of the State Legislatures
ARTICLE VI: SUPREMACY OF NATIONAL LAW
· All debts contracted under the Articles of Confederation will be honored by US Government
· US Constitution, Federal Law, and Treaties are the Supreme Law of the Land (Supremacy Clause)
· All Federal Public Officials will take an oath to protect and support the Constitution
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ARTICLE VII: RATIFICATION
· For the Constitution to go into effect, it had to be ratified, approved by 9 of 13 states.
· RATIFICATION
· 9 of 13 STATES