Unit 2: The Constitution & Structure and Function of Federalism

Part I: The Constitution

Principles of the Constitution

Major concepts embedded dealing with limiting the power of government, and

ensuring that the people retain power and rights.

1.Popular Sovereignty – Government power comes from the consent

of the people.

2.Limited Government – The people retain certain rights that cannot

be denied by the government.

3. Individual Rights – Freedoms guaranteed to citizens.

4.Federalism – The states and the federal government share power.

5.Separation of Power – 3 Branches + Checks & Balances.

6.Rule of Law – Everyone must follow the law.

THE CONSTITUTION PREAMBLE

A preamble is an introduction. The introduction to the Constitution lists the goals of the Constitution.

The goals of the Constitution refer to problems under the Articles of Confederation.

GOALS OF THE CONSTITUTION

1) Form a More Perfect Union

2) Establish Justice

3) Insure Domestic Tranquility

4) Provide for the Common Defense

5) Promote the General Welfare

6) Secure the Blessings of Liberty to Ourselves and Our Posterity

Article I Legislative Branch

Article II Executive Branch

Article III Judicial Branch

Article IV States and the Federal Government

Article V Amendment Process

Article VI Supremacy of National Law

Article VII Ratification

7 ARTICLES OF THE CONSTITUTION

ARTICLE I: LEGISLATIVE BRANCHPURPOSE = MAKE LAWS

Section 1: Name = Congress – Bicameral (House of Reps & Senate)

Section 2: House of Representatives

Section 3: Senate

Section 4: Congressional Elections & Congressional Meetings

Section 5: Rules for Conducting Business in Congress

Section 6: Congressional Salaries

Section 7: How a Bill Becomes a Law

Section 8: Powers of Congress

Section 9: Powers Denied to Congress

Section 10: Powers Denied to the States

Congress

HOUSE OF REPRESENTATIVES

Based on State Population

Directly Elected by People

MAJOR POWERS OF CONGRESS

Tax

Declare War

Raise/Maintain Army

Regulate Interstate Trade

Tax Imports

Create Postal System

Coin Money

Create Lower Federal Courts

SENATE

2 Per State

Originally selected by State Legislatures

Today Directly Elected

POWERS DENIED CONGRESS

• Suspend Writ of Habeas Corpus

• Pass Bills of Attainder

• Ex Post Facto Law

• Tax Exports

ARTICLE II: EXECUTIVE BRANCHPRESIDENT (POTUS): PURPOSE – ENFORCE THE LAW

Section 1: Presidential Election (Method, Qualifications, etc…)

Section 2: Powers of the President

Section 3: President & Congress Relationship

Section 4: Impeachment & Cause for Removal

ROLES OF THE PRESIDENT

Chief Executive

Commander-in-Chief

Legislative Leader

Judicial Leader

Chief of State

Foreign Policy Maker

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 BRANCHSUPREME COURT – PURPOSE – INTERPRET THE LAW

Section 1: Supreme Court & Creating Lower Courts

Section 2: Powers of the Supreme Court (Types of Cases)

Section 3: Treason & Punishment for Treason

9 Justices – Appointed by the President

Justices serve life terms.

Supreme Court uses the Constitution to make sure government actions

are Constitutional.

ARTICLE IV: RELATIONS AMONG THE STATES

This article establishes what the states agree to do for one another, and 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 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

1. All debts contracted under the Articles of Confederation will be honored by US Government

2. US Constitution, Federal Law, and Treaties are the Supreme Law of the Land (Supremacy Clause)

3. All Federal Public Officials will take an oath to protect and support the Constitution

ARTICLE VII: RATIFICATION

For the Constitution to go into effect, it had to be ratified, approved by

9 of 13 states.

The Bill of Rights: First 10 Amendments

Amendment 1 – Freedom of Speech, Press, Religion, Petition, & Assembly

Amendment 2 – Right to Bear Arms

Amendment 3 – Quartering of Soldiers

Amendment 4 – Search & Seizure

Amendment 5 – Rights of the Accused

Amendment 6 – Rights to a Speedy, Fair Trial

Amendment 7 – Rules of Common Law

Amendment 8 – Limits on Criminal Punishment

Amendment 9 – Rights Kept by the People

Amendment 10 – Powers of the States

Amendments 11-19

Amendment 11 – Suits Against States

Amendment 12 – Presidential Election Method

Amendment 13 – Slavery Abolished

Amendment 14 – Civil Rights Guaranteed

Amendment 15 – Black voting Rights

Amendment 16 – Income Tax

Amendment 17 – Direct Election of Senators

Amendment 18 – Prohibition

Amendment 19 – Women’s Voting Rights

Amendments 20-27

Amendment 20 – Terms of Office and Presidential Succession (Lame Duck)

Amendment 21 – Repeal of Prohibition

Amendment 22 – Limits on Presidential Terms

Amendment 23 – Electors for the District of Columbia

Amendment 24 – Abolition of Poll Tax

Amendment 25 – Presidential Disability

Amendment 26 – Voting Age

Amendment 27 – Congressional Pay