The Constitution

Preamble States the purposes of the Constitution and the government Form a more perfect union Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty

Article I Powers of the Legislative Branch Article I Section 8 Delegated or enumerated powers Article I Section 8, Clauses 1-17 Inferred powers Article I Section 8 Clause 18; the necessary and proper clause aka the elastic clause Article I Section 9 Denied Powers of the Legislative Branch Article I Section 10 Denied Powers of the States

Article II Powers and duties of the President and the Executive Branch

Article III Duties of the Judicial Branch

Article IV Interstate Relations Full Faith and Credit Clause; requires each state to recognize the laws, judicial decisions, and public records of the other states. This section helps ensure that court decisions made in one state will be recognized and honored in every other state.  Privileges and Immunities Clause; "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." This clause protects fundamental rights of individual citizens and restrains state efforts to discriminate against out-of-state citizens. However, the Privileges and Immunities Clause extends not to all commercial activity, but only to fundamental rights.

Article V The process by which Amendments may be added to the Constitution The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Article VI Section 2; the Supremacy Clause This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The US Constitution and laws are supreme over all states and state laws

Article VII Ratification of the Constitution

The Amendments Article V of the Constitution allows for Amendments to be made to the Constitution. Amendments may be proposed by 1. the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or 2. a constitutional convention called for by two-thirds of the State legislatures.  Amendments may be ratified by 1. three-fourths of state legislatures 2. ratifying convention in three-fourths of the states

Categorizing the Amendments The Bill of Rights; Amendments 1-10 and 27 Suffrage: 15th former male slaves, 19th Women, 23rd residents in DC, 24th elimination of the poll tax, 26th 18-20 years of age. The President 12th President and VP elected by the Electoral College, 20th beginning and end of the term of the president and Congress, 22nd limits the president to 2 terms of four years each or a total of 10 years, 25th allows for the Vice President to become president in the event of death, resignation, removal from office or impairment that prevents the current president from fulfilling his or her duties. Civil War Amendments: 13th ended slavery, 14th defined citizenship, 15th suffrage for former male slaves

Categorizing the Amendments 11th Sovereign immunity: the Eleventh Amendment limits the power of federal courts to hear lawsuits  against state governments brought by citizens of another state or the  citizens of a foreign country.  16th: Allows the federal government to levy and income tax 17th : Allowed for direct election of US Senators by the people instead of state legislators choosing the US Senators 18th : prohibited the sale, purchase or transportation of alcoholic beverages 21st : voided the 18th Amendment

Informal Amendments Changes to the Constitution that do not involve actually changing the wording of the Constitution. • Informally alters the meaning of the words already in the Constitution but not the wording.

Informal Amendments Congressional Action • Congress has passed laws that reinterpret and expand Constitutional provisions • e.g., Commerce Clause allows Congress to regulate and promote interstate and international commerce. • Over time, Congress has passed many laws that define the Commerce Clause, including regulations on forms of commerce that didn’t exist in 1789, such as railroad lines, air routes, and internet traffic.

Informal Amendments Presidential Action • Executive privilege/executive orders (latter has the force of law) • Executive agreements with other countries • Right to send armed forces into hostilities • Right to propose legislation to Congress and work to secure its passage

Informal Amendments Judicial Actions • The judiciary has been the most influential in interpreting the Constitution • Article III defines the power of the judiciary very broadly, but does not specifically mention judicial review • Supreme Court has changed constitutional interpretations to reflect new social, economic conditions (Brown v. Board, Texas v. Johnson)

Informal Amendments Custom and Usage • Has democratized our Constitution (presidential and vice presidential TV debates) • Examples - Cabinet, political parties, committee system in Cong., senatorial courtesy, legislative veto, presidential nominating conventions

Proposed or pending amendments to change the President's term of office (e.g., to a single six-year term); to impose term limits on members of Congress; to abolish the Presidential term limit (i.e., to repeal the 22nd Amendment); to repeal the 16th Amendment and specifically prohibit any federal income tax; to make English the official language of the United States; to establish judicial terms of office (or to require the periodic reconfirmation of federal judges); to guarantee “victims’ rights” in criminal proceedings; to limit the President’s pardon power; to provide a new method for proposing amendments to the Constitution, whereby two- thirds of all state legislatures could propose amendments (without Congressional action); most recently to define marriage so as to prohibit same-sex marriage.