The Constitution SSCG3 Students will demonstrate knowledge of the U.S. Constitution

Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

ARTICLES of the United States Constitution

Article One Legislative Branch Creates a bicameral, Congress Creates a bicameral, Congress Includes a Senate and a House of Representatives. Includes a Senate and a House of Representatives.

Article Two Executive Branch President and Vice-President President and Vice-President Chosen by Electoral College Chosen by Electoral College Explains impeachment Explains impeachment

Article Three Judicial Branch Establishes Supreme Court (Congress sets up all others) Establishes Supreme Court (Congress sets up all others) Requires trial by jury for all criminal cases, and defines the crime of treason. Requires trial by jury for all criminal cases, and defines the crime of treason.

Article Four State Relations Defines how the states must work together Defines how the states must work together Full faith and credit Full faith and credit Extradition Extradition Privileges & Immunities Privileges & Immunities

Article Five Amending the Constitution Two step process Two step process Proposal Proposal Ratification (approval) Ratification (approval)

Changing the Constitution Changed 27 times by the rules Step 1: Proposal Step 1: Proposal 2/3 of Congress 2/3 of Congress 2/3 of Constitutional Convention 2/3 of Constitutional Convention Step 2: Ratification Step 2: Ratification 3/4 of state legislatures 3/4 of state legislatures 3/4 of state conventions 3/4 of state conventions

Article Six Supremacy Clause Establishes the Constitution as the supreme law of the land. Establishes the Constitution as the supreme law of the land. Requires that all legislators, federal officers and judges take oaths to uphold the Constitution. Requires that all legislators, federal officers and judges take oaths to uphold the Constitution.

Article Seven Ratification 9 states will be needed to ratify (approve) the Constitution 9 states will be needed to ratify (approve) the Constitution

SSCG3 Students will demonstrate knowledge of the U.S. Constitution  Explain the fundamental principles upon which the U.S. Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances and federalism

Principles of the Constitution  Popular Sovereignty- Government gets its power from the consent of the people.  Limited Government and Rule of Law- the government only has the power that the people give it and is bound by the powers given to them in the Constitution and the laws set forth for them.

 Separation of Powers- the national government is divided into three branches so that no branch has more power than it should.

 Checks and Balances- each branch is given powers over the other branches to balance the power.

Judicial Review- the Supreme Court has the power to determine if a law is unconstitutional. **Marbury v. Madison

Federalism- governmental power is divided between national and state power + =

National Supremacy- if a state and federal law contradict, then the federal law wins.

Constitutional Powers and the Role of the States

National Powers DELEGATED Under the Constitution Expressed (Enumerated) Powers – 17 specific powers granted to Congress (Article 1, Section 8) Taxation Coinage of money Regulation of commerce National defense Implied Powers – The 18 th Enumerated Power (Article 1, Sec 8, Clause 18) – Comes from “Necessary & Proper” (a.k.a. “Elastic”) Clause – Congress can do what is necessary to carry out Expressed Powers (#1-17) Inherent Powers – Self evident powers each branch possesses because of what it does – Make laws, enforce laws, interpret laws Supremacy Clause – Mandates that national law is supreme to all other laws passed by the states or by any other subdivision of government Concurrent Powers – Authority is possessed by both state and national governments and exercised at the same time

State Powers RESERVED Under the Constitution Article I – Allows states to determine time, place, and manner of elections for House of Representatives and Senators Article II – Requires that each state appoint electors to vote for president Article IV – Privileges and immunities clause – Republican (Representative) form of government – Protection against foreign attacks and domestic rebellion Tenth Amendment – States’ powers described here – Reserved powers (and police powers to enforce the reserved)

Relations Among the States – Directly settled by U.S. Supreme Court under its original jurisdiction – Full Faith and Credit Clause Ensures judicial decrees and contracts made in one state will be binding and enforceable in others States can vary considerably on social issues- implications? – Privileges and Immunities Clause The rights of citizens of a state can’t be denied to non-citizens. – Extradition Clause Criminals who flee state borders can be returned for prosecution – Interstate compacts Over 200 exist today Contracts between states that carry the force of law - Drivers License Compact Consent of Congress

DENIED (Prohibited) Powers States cannot – Enter into treaties – Coin money – Impair obligation of contracts – Cannot enter into compacts with other states without congressional approval – Denied the authority to take arbitrary actions affecting constitutional rights and liberties – Pass a bill of attainder Find you guilty w/o trial – Pass ex post facto laws Making a law retroactive Congress (NATIONAL GOV) – Can not favor one state over another in regulating commerce – Can not spend money without a Congressional Act – Can not lay duties on items exported from any state – Can not Grant titles of nobility – Can not pass a bill of attainder – Can not pass ex post facto laws – Suspend habeas corpus Suspend right to know why you are in jail

Government Structure

ARTICLE I LEGISLATIVE makes the laws ARTICLE II EXECUTIVE enforces the laws ARTICLE III JUDICIAL interprets the laws Congress must meet at least one time each year Senate 100 senators; 2 senators from each state term: 6 years Qualifications at least 30 years old citizen for 9 years Presiding officer the Vice President (President of Senate), or an elected President pro tempore House of Representatives 435 representatives States with larger population get more representatives term: 2 years Qualifications at least 25 years old; citizen for 7 years Presiding officer Speaker of the House President & VP  elected by the Electoral College who are elected by the people at the November general election  a person can be elected president only two times  term: 4 years Qualifications  at least 35 years old  a natural-born citizen  lived n the U.S. for 14 years before the election Cabinet 15 Executive departments  Dept. Secretaries in charge; on Cabinet  appointed by the President but must be approved by the Senate  term: determined by President. Serve as long as the President wants them  meet whenever the President wants Supreme Court  9 justices  serve for life unless impeached  appointed by the President but must be approved by the Senate Circuit Court of Appeals 12 courts throughout the U.S.  created by Congress  serve for life unless impeached  appointed by the President but must be approved by the Senate District Courts 94 trial courts throughout the U.S.  created by Congress  serve for life unless impeached  appointed by the President but must be approved by the Senate

Article IV Relation Between States Article 4 has four sections that describe how states will get along with the federal government and other states. Full Faith and Credit Clause Every state must respect the laws, records, and court decisions of other states. For example, if Georgia gives a person a driver's license, that person can legally drive all of the other states. Citizens visiting another state have the same rights as people who live in that state. Extradition 1.If a person commits a serious crime in one state and then escapes to another state, that person must be found and returned to the state where the crime was committed. Congress makes the rules for selling and controlling all land or other property that belongs to the United States. Congress has the power to admit new states to the U.S. Every state must have a representative form of government. The federal government will protect and defend all states from other countries. Also, if fighting or violence breaks out inside a state, the federal government will help.

Article V Amendment Process Article 5 tells how to make changes to the Constitution. It's possible but difficult to change the Constitution. The Constitution can be changed by adding an amendment. Only 27 amendments have been added to the Constitution. There are two steps. 1.First the change must be proposed at the national level. To propose an amendment, 2/3 of a national convention called by the states or 2/3 of both houses of Congress must vote to propose it. If it's successfully proposed, then it must be ratified. 2.The second step, ratification at the state level. To ratify, 3/4 of all state legislatures or 3/4 of state conventions held just for the purpose of voting on the amendment must vote to approve the amendment.

Article VI Supremacy Clause Article 6 includes an important part of the Constitution called the supremacy clause. The Constitution is the highest law of the land. The Constitution, the laws of Congress, and all treaties must be followed by all states. State laws must agree with the Constitution. All members of Congress, the President and all executive branch officials, all Supreme Court justices and federal judges, all members of state legislatures, all governors and state officials, all state judges take an oath of office and swear to obey the United States Constitution. Article VII Ratification Article 7 says that the Constitution became effective when 9 (of 13) states approved or ratified it.

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