7Articles of Constitution

US Constitution

Preamble

Constitutional Structure PREAMBLE 7 Articles  Article I—structure of the legislative Branch Congress (House and Senate) qualifications, rules, duties, etc.  Article II—Executive Branch Presidency—Qualifications, duties, impeachments, etc.  Article III—Judicial Branch Establishes Federal Courts (Supreme) and inferior courts  Article IV—Relations between the states and obligations of the National government to the states.  Article V—Amendment process Four methods of changing the Constitution are provided.  Article VI—Establishes the Constitution and laws from the National government as the Supreme Law of the Land. Also mentions that no “religious test” shall ever be required as a qualification for public office.  Article VII—Ratification Process 9/13 states required to officially enact the Constitution and replace the Articles of Confederation. 27 Amendments

Article I: Set up the Legislative Branch

What should a 5 th Grader know about Article I? MAIN DUTY: MAKE LAWS Article I created a Bicameral Body –Composed of 2 houses, an upper and a lower House of Representative —lower house, closer to the people 435 total—state reps based on population – Term: 2 years—all up for re-election every 2 years – Constitutional Requirements: 25 years old, citizen for 7 years, resident of state Senate —upper house, more prestigious 100 total= 2 per state – Term: 6 years, only 1/3 are up for re-election in any given 20 year period – Constitutional Requirements: 30 years old, citizen for 9 years, resident of state

Summary: Key Differences between House & Senate House Senate BOTH Pass a bill with 51% (President must sign bill to become law) Meet in Capital Building— Washington D.C. Represent Constituents Called Congress Headed by Speaker of the House Starts all Revenue Bills ($$) Sole power of Impeachment –Brings the charges Selects President if no candidate receives a majority of electoral votes Vice President is President of Senate Approving Treaties made by President Approving ALL presidential appointments Conducts impeachment trial Vacancies filled by governor until next election

Article I: Powers of Congress & the Elastic Clause Article 1, section 8 lists the “expressed” power of Congress. (also called enumerated powers). These are powers that are specifically granted to Congress. Examples of expressed powers include: – Collect Taxes – Declare War, provide and maintain a Navy and Army – Regulate interstate commerce and inter-national trade – Coin money At the end of all the expressed power is the sentence allowing Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers…” – This is known as the “Necessary and Proper Clause” because it give the national government flexibility in what additional laws need to be made in order to carrying out its expressed duties. – The laws that Congress gets from this clause are called Implied powers. – Because of this flexibility, the clause has been nicknamed the “Elastic Clause”

Article II: Executive Branch What should a 5 th Grader know about Article II? MAIN DUTY: ENFORCE LAWS President is Chief Executive Officer (CEO) The President is Commander in Chief of Military Can negotiate treaties (2/3 Senate must confirm) Appoint federal judges and other officials (with senate confirmation) Grant pardons to those convicted of federal (not state) crimes. Power to VETO Give the “state of the union” address… “from time to time…” Term of office: 4 years—2 terms max Constitutional Requirements: 35 years old, natural born citizen, live in US 14 years.

Article III: Judicial Branch MAIN DUTY: INTERPRET LAWS Judicial Review-- the power to determine the constitutionality of an action of the government Judicial Review is not specifically mentioned in the Constitution, but most assumed it was a power the judicial branch inherently has. – Through the landmark SCOTUS case Marbury v. Madison (1803), judicial review was established – Supreme Court: President appoints, Senate approves, Justices serve for LIFE

Article IV: Relations Among States Article 4=States have to respect each other & National govt. has to help states out

Article IV: Relations between the states and obligations of the National government to the states. Set up the framework for Federalism Full Faith & credit —state must recognize the legal proceedings and records of other states—EX: licenses States must extradite fugitives back to state where crime was committed, treat other citizens equally, and make agreements with other states (interstate compacts) BUT not agreements with other nations. New states cannot be formed from existing ones without the states’ consent States may not be created within states States must have a republican (indirect democracy) form of government National government must come to the aid of states when crisis occurs (invasion, natural disaster, etc.) – Hurricane Katrina – 9/11

Article V: Amendment Process Amendment= An actual change/addition to the Constitution. The Constitution has been amended 27 times in the 223 years of its existence. The first 10 (Bill of Rights) were ratified in the first 2 years the Constitution was in place. The Framers provided 4 methods to formally amend the Constitution.

Facts about the Amendments 26 of 27 amendments were adopted using Method 1. Only the 21 st amendment used Method 2. This repealed prohibition. Methods 3 and 4 have never been used. Common to all Methods: – 2/3 of Congress to propose the amendment. – ¾ of States needed approve an amendment.

HOW DOES THIS REFLECT FEDERALISM?

Article VI: Supremacy Clause Article VI—Establishes the Constitution and laws from the National government as the Supreme Law of the Land. Also mentions that no “religious test” shall ever be required as a qualification for public office.

Article VII: Ratification Process 9/13 colonies needed to replace Articles of Confederation