Says how the government works Considered the supreme law of the nation Nothing can superseded it Establishes a federal system of government The States and the Federal government share power Created with the notion that the “people” run the government Through voting, etc. The Constitution is split into 7 parts (or Articles) describing how the government will work

The Constitution was written in 1787 by 55 men we call the Framers of the Constitution. These men included; George Washington, Benjamin Franklin, and James Madison (among many others).

The first three sections (or Articles) of the Constitution split the U.S. government into three parts (or Branches) Article I: Establishes the Legislative Branch (or Congress) Makes the laws Article II: Establishes the Executive Branch (the President, Vice President, and advisers) Ensures the laws are carried out Article III: Establishes the Judicial Branch (court system) Interprets the law and administers justice

Supposed to be the most powerful of all the branches of government 2 Parts (House of Representatives and the Senate) House members are chosen every 2 years o They need to be at least 25, lived in the U.S. for at least 7 years, and must inhabit the state they are chosen to represent o Amount of representatives per state depends on population but total membership cannot be more than 435.  Senators serve for 6 year terms (1/3 rd of Senators’ terms run out every two years) o 2 senators per state regardless of size or population, need to be 30 years old, lived in U.S. for at least 9 years, must inhabit state they are chosen to represent

 Must meet at least once per year.  House can impeach President (bring charges against her/him) and Senate tries the president (holds the court proceedings).  Only the House can propose taxes.  All bills must pass through both the House and the Senate for approval.  Notable powers; establish and maintain an army and navy, establish post offices, create courts, regulate commerce between the states, declare war, and raise money (can also cut funding for things).  Their most important power is the power to propose and pass new laws.

Headed by the president and vice president.  Both serve four year terms  The president is elected by the Electoral College  The president and vice president must be 35 years old  They must be natural born residents of the united states (unlike Congressional members)  They also must have lived in the United States for fourteen years  The presidents salary cannot be changed as long as he/she is in office

 Commander and chief of the armed forces  Make treaties (agreements) with other nations  They select judges and some other members of government (selections need approval of Senate)  Receive ambassadors and other heads of state (meeting with foreign leaders)  Very importantly, they must ensure that the laws of the country are carried out (they use law enforcement agencies and other parts of government to achieve this)

 The president gets help from many advisers and a number of departments were established to help oversee many important areas  The Department of Defense, The Department of Justice, the Department of Education, the Department of Commerce, and the Department of Agriculture.  The president’s closest advisors are the Secretaries - those in charge of the executive departments.  The president can be Impeached (tried and possibly removed from office for a serious offense). Essentially, by not following the Oath of Office (honoring the Constitution).

Supreme Court is the most powerful court in America  Judges elected by the president and confirmed by the Senate  Usually serve for life  Currently 9 S.C. Justices (Chief Justice is the head of the court)  Courts may try cases arising from the Constitution, Laws of the U.S., and Treaties made by the U.S.  The Supreme Court only has Original Jurisdiction (meaning the case is heard there first) o In cases involving Ambassadors, public ministers and consuls, and those cases in which a State is a party o The Supreme Court can hear other cases but only on appeal (meaning you lost a case at a lower court and are bringing it to the Supreme Court)

o If you are convicted of a crime and you feel the trial was unfair you can take the case to a court of appeals. o Court of appeals: 13 of them. Judges decide if case was tried appropriately o If so, the original outcome stands. If not, the case will be retried. o If the original outcome stands a person can appeal to the Supreme Court. o Whatever the Supreme Court decides is final and typically becomes law!  The most important power of the Supreme Court is called Judicial Review o The power of the Supreme Court to determine whether certain actions or laws are Constitutional (whether they adhere to the Constitution or not) – essentially they can change laws

How it all works

Concerns the States All states will honor the laws of other states. If you get married in one state you are considered married in another. Convicted of a crime in one state you are still guilty in another, etc. Citizens in each state are treated equally. Criminals must be returned if they flee to another state. New states can be admitted (with some qualifications) Ensures a republican government for all states. Ensures the government will protect the states against invasions and insurrections.

Concerns Amending the Constitution (adding things to the Constitution or changing things). Proposed by 2/3rds of both houses or by a national convention. 3/4ths of the states must agree. Examples (giving slaves freedom, allowing women to vote, banning alcohol).

Concerns the United States itself Government will assume all debts entered into by the U.S. under the Articles of Confederation. Says the Constitution and all treaties of the U.S. are the supreme law of the country. Requires all officers of the U.S. to swear an oath of allegiance to the U.S. and the Constitution when taking office.

Details the method for ratification of the Constitution (making the Constitution law). Nine of the thirteen states had to accept it before it could go into effect. This would lead to problems!

The Constitution tries to ensure that no single branch of government can become too powerful Each branch has powers to “check” the powers of other branches and therefore “balance” government power equally Examples: (Know at least 2) Congress can propose laws but President can veto (not allow) them (Congress can override a veto) Supreme Court can judge a law unconstitutional Congress can refuse to fund a presidential initiative President elects certain government officials but Senate must approve them Congress can write new laws if the Supreme Court says they are unconstitutional

No Ex Post Facto Law Cannot be found guilty of a crime that was not illegal at the time you committed it No Bill of Attainder Cannot make a law declaring a person is guilty of committing a particular crime Habeas Corpus Cannot be Suspended Government must bring charges against a prisoner being held (must go to court and explain why) Any power/duty not specifically given to the Federal Government is reserved for the states

African Americans? Congress cannot ban the slave trade for 20 years Runaway slaves must be returned to masters 3/5ths of slaves in each state would count for representation purposes (3/5ths Compromise) Women? No right to vote or hold public office Native Americans? Not considered citizens Poor People? Only those who owned property could vote