PrinCIPLES & StructURE of The U.S. Constitution! Unit 2 Chapter 2
6 Principles of US Constitution The 6 main concepts that US Constitution is built around: 1. Limited Government: there are limits to what govt. can and cannot do, ex.: no ex post facto law 2. Popular Sovereignty: People rule in a democracy. People are the source of power 3. Federalism: a system of govt. with many levels, sharing power. Ex. National/state/local 4. Judicial Review: the national courts in charge of interpreting laws and rules making sure they are always Constitutional, a power given to courts under Marbury vs. Madison (1803) 5. Separation of powers: power will be divided among the many, (3 branches) so not in hands of one person or group 6. Checks & balances: making sure there is no overreach by any one branch, approval or confirmation of actions of other branches
Preamble The Preamble = Introduction States why the Constitution was written. 6 reasons: 1. Form a more perfect union: from AOC to Federal system 2. Establish justice: judicial branch, none under AOC 3. Insure domestic tranquility: executive branch to enforce 4. Provide for common defense: militia turned to military 5. Promote general welfare: services, trade reg. 6. Secure the blessing of liberty: forever in this document
Article I: The Legislative Branch AKA: Congress Job: make laws Bicameral: made up of two houses House of Representatives Senate
Article I: Legislative Branch Cont.… Article I: made up of 10 sections: 1. power & make up 2. terms, qualifications, etc… 3. senate: terms, qualifications 4. elections & meeting dates 5. Organizational rules 6. Privileges & restrictions 7. passing laws 8. powers granted to congress 9. powers denied 10. powers denied to states
Article II: The Executive Branch AKA: The Presidency & Executive departments Job: to enforce laws 4 sections listed: 1. Pres. & V.P. terms, elections, qualifications 2. Powers of President & Powers of VP 3. Duties of President 4. Impeachment
Article III The Judicial Branch AKA: The Federal Courts or The Judiciary Job: to interpret laws based on US on the Constitution The smallest of 3 branches, but but judicial review makes it it as important (Marbury v. Madison, 1803) 3 sections listed: 1. federal courts 2. Jurisdiction 3. Treason
Article IV: Relations Among the States The origins of Federalism in the Constitution This article ensures that each state recognizes the laws, court decisions, & records of all other states 4 sections listed below: 1. Official acts: Full Faith & Credit Clause which states the above 2. Privileges & Immunities Clause; Extradition Clause 3. New States (AOC) & rights over territories (Congress) 4. Guarantee of Republic & Federal protection of the states from outside & domestic threats!
Article V: Amending the US Constitution The process by which the Constitution can be changed to meet the needs of an evolving nation: Proposed: 1. 2/3 vote in each house of Congress (27) 2. proposed by national convention called by Congress at request of 2/3 of states Ratified: 1. by ¾ of state legislatures (26) 2. by ¾ of states in state conventions (1) In combination, 4 ways are possible!
Article VI: National Supremacy AKA: The Supremacy Clause Has 3 parts: 1. All debts and agreements under AOC still valid 2. US Constitution, Federal laws, and Treaties are supreme in conflicts between state and national law 3. Oaths of office; no religious test required (sometimes known as a litmus test)
Article VII: Ratification of US Constitution Required 9/13 states’ approval for ratification; signed on September 17, 1787 by 39 delegates of 12 states: 1st: Delaware 4th: Georgia 9th: New Hampshire 10th and 11th: Virginia and New York (most populous) Last: Rhode Island
Amendments 27 Amendments in US Constitution Amendments 1-10 aka: the Bill of Rights, passed in 1791 Amendments 11-27: passed from 1795-1992