U.S. Constitution (CH. 3) Introduction to Constitution is the __________ Original document is intro, articles, and signatures - how many articles in Constitution?

Article I I. -Bicameralism Compromise (1.1) -One person, One vote (1.2.1) (Baker v. Carr) -3/5 compromise (1.2.3) Impeachment (1.3.6) -Senate election (1.3.1) -Congressional Compensation (1.6) -”Elastic Clause” (1.8.18) necessary and proper clause Expressed powers, Implied Powers -Writ of Habeas Corpus, Bill of Attainder (1.9) -states have free trade (1.9)

Article II -Electoral College (2.1) -Treaty (2.2) Executive Agreement - Cabinet (?) -Commander in Chief (2.2)

Article III -Supreme Court / Court Members (3.1) -Precedent -Judicial Review -Inferior Courts -Treason

Article IV -Full Faith and Credit Clause (4.1) States and citizen -extradition between states (4.2) -new states (West Virginia) (4.3) -Republic guaranteed (NO MONARCHS) “Guarantee Clause” (4.4) -Protecting the states (4.4)

Article VI -old debts will be paid -”Supremacy Clause” -allegiance to the Constitution – Oath

Article VII -Ratification of the Constitution: Sept. 17, 1787 9 / 13 state conventions (Articles of Conf.) -Bill of Rights?

Articles of the Constitution -Ratification of the Constitution 9 / 13 state conventions

6 Basic Principles What our government is built on Popular ___________ - people are the only source of govt. power. -”We The People”

6 Basic Principles ___________ Government - Govt only has the power the people have given it. -Constitutionalism -Rule of Law - “Congress shall make no law”

6 Basic Principles ___________ of Powers - Basic powers of govt are separated among the 3 branches. -each branch has its own power.

6 Basic Principles ___________ and ___________ - branches are independent from each other but are also co-equal. -Which branch has the most power? EX / - - Congress may pass bills / President may veto / Congress can override veto

6 Basic Principles -President appoints federal judges / U.S. Senate must approve -Compromise is necessary

6 Basic Principles Judicial Review - Power of courts to determine if a govt action is constitutional or not. (Marbury V. Madison) -all federal courts have this power. (states?) -Judicial Review can happen to national and state actions. -courts usually uphold challenges to govt actions

6 Basic Principles ___________ - govt powers distributed on a territorial basis -National Govt has some powers and other powers are left to the states. (10th Amendment)

Amendments 1st 2nd 3rd 4th

Amendments 5th 6th 7th 8th

Amendments 9th 10th 11th 12th

Amendments 13th 14th 15th 16th

Amendments 17th 18th 19th 20th

Amendments 21st 22nd 23rd 24th

Amendments 25th 26th 27th

Informal Amendment (Changing the Constitution) Informal Amendment - change the constitution without changing the written words - no adding or subtracting words -This happens continuously Could be happening right now

Informal Amendment How does it happen? -Basic Legislation (Congress) 1. Congress simply uses its powers given to it by the Constitution. (Article I - section 8) -Congress can lay and collect taxes -Congress can borrow money -Congress can regulate commerce -Congress can fix weights and measures HOW ?

Informal Amendment 2. Congress passes laws that interpret the words in the Constitution -Congress passed a law to create inferior courts within the Judicial Branch -Congress passed laws to create departments in the executive branch

Informal Amendment Executive Action (President’s powers have produced informal amendments) -Pres is Commander-in-Chief of armed forces (Article II Sec.2) -does the Constitution give the Pres the power to declare war?

Informal Amendment -NO, but the Pres can make war as the Commander-in-Chief Court Decisions (Supreme Court) Supreme Court interprets the words of the Constitution in the cases it hears. Miranda v. Arizona (5,6,14) Tinker v. Des Moines School District (1)

Informal Amendment Political Party Practices -Constitution says nothing about political parties -No amendment on the nomination of candidates for President - parties do this -Parties turned the electoral college into a rubber stamp of the popular vote

Informal Amendment Customs - unwritten rules - common practices -President’s cabinet - still common practice -V.P. to become President - was once a common practice (now amendment) -No 3rd term for President - was once a common practice (now amendment)

Formal Amendment Formal Amendment - changes in the written words of the Constitution -Framers knew they didn’t know everything they provided Constitution with ability to change

Formal Amendment -Article 5 provides details for formal amendment 2 ways to propose + 2 ways to ratify ___________________ = 4 methods of formal amendment

Formal Amendment -Ways to propose 1. Proposed by congress by 2/3 vote in each house 2. Proposed at national convention called by Congress when requested by 2/3 (34) of the state legislatures

Formal Amendment -Ways to ratify Ratified by state legislatures in 3/4 (38) of the states Ratified by state conventions in 3/4 of the states

Formal Amendment

Formal Amendment When state legislators ratify - not a true voice of the people state legislators are elected for different reasons If a state votes no - they can reconsider and ratify later once a state approves - action is final

Formal Amendment “Process is Federalism in action” - Why is it a good example of Federalism? Congress does not need President’s approval to propose an amendment One restriction on amendents - no state may be deprived of equal suffrage in the U.S. Senate

Formal Amendment Over 10,000 have been proposed in Congress -33 have made it to the states D.C. Statehood 1 House Rep for every 50,000 people in a state Titles of nobility & Gifts from abroad will strip U.S. Citizenship Congress can Limit, regulate, and prohibit labor of persons under 18 Congress cannot interfere with states institutions, including persons held to labor or service by laws of said state ERA – Equal rights under the law shall not be denied by the US or by any state on account of sex. -27 have been ratified

Formal Amendment Congress can set a time limit on ratification - Why? - 7 years is the norm Bill of Rights

Formal Amendment Civil War Amendments (13 - 15)