Chapter 3 The Constitution

Section 1 Structure and Principles SSCG3 The student will demonstrate knowledge of the United States Constitution. a. Explain the main ideas in debate over ratification; include those in The Federalist. b. Analyze the purpose of government stated in the Preamble of the United States Constitution. c. Explain the fundamental principles upon which the United States Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances, and federalism. SSCG4 The student will demonstrate knowledge of the organization and powers of the national government. a. Describe the structure and powers of the legislative, executive, and judicial branches. b. Analyze the relationship between the three branches in a system of checks and balances and separation of powers.

Structure 3 Parts of the Constitution Preamble Articles Amendments

The Preamble Basically an introduction to what the Constitution would be all about. The 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 defence,[1] 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. “

The Seven Articles 7 Divisions (articles) each have a different purpose and each describe 1 certain thing Article 1- Establishes the Legislative Branch Article 2- Creates the Executive Branch Article 3- Establishes a Supreme Court to head the Judicial Branch

7 Articles Continued Article 4- Describes the relationship between the states to one another and to the national government Article 5- Tells how the Constitution can be changed Article 6- Contains the Supremacy Clause. States that the Constitution is the Supreme Law of the country Article 7- Describes ratification and declares that the Constitution would be considered ratified when 9 states had ratified it.

The Amendments These are the changes that have been made to the Constitution in the nation’s history. So that it can better meet the needs of the nation

6 Major Principles Popular Sovereignty- People are the source of government power Federalism- Power is divided between the national and state governments Separation of Powers- Each of the branches of government has their own powers

6 major princples Checks and Balances- Each branch of the government holds some power over the others Judicial Review- Courts have the power to declare laws and actions of Congress and the President unconstitutional Limited Government- The Constitution limits the powers of the government by making explicit grants of authority

Section 2 LEGISLATIVE BRANCH Expressed Powers- Powers directly stated in the Constitution Enumerated Powers 5 deal with economic legislation. 7 deal with defense Other stuff includes naturalizing citizens, post offices, patents/copyrights, etc Final is the ELASTIC CLAUSE- gives Congress the ability to stretch its powers to meet new situations to whatever is “necessary and proper”

Executive Branch President is the head of the branch Powers of the President are very vague.

The Judicial Branch 2 different systems of courts Federal Courts- Powers derive from the Constitution Other is courts from all 50 states. Powers come from state constitutions and laws Every court can only hear certain types of cases- this is known as jurisdiction. Depending on what type and who is involved.

Section 3- Amendment Process 2 ways to propose a new Amendment 2/3 vote by both houses of Congress OR Natl. Convention called by Congress by request of 2/3 of states After Amendment is proposed, there are 2 ways to ratify it ¾ of state legislatures to ratify OR for each state to call a special ratifying convention..when ¾ of these conventions approve, its an amendment

The Bill of Rights- First 10 Amendments 1st - Freedom of religion, of speech, of the press, to assemble, and to petition 2nd - The Right of the People to keep and Bear Arms 3rd- No quartering of soldiers in private houses during peacetime. 4th-Interdiction of unreasonable Searches and seizures; warrants 5th- Indictments; Due process; Self-incrimination; Double jeopardy, and rules for Eminent Domain. 6th- Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel 7th- Right to trial by jury in civil cases

Bill of Rights Cont. 8th- No excessive bail & fines or cruel & unusual punishment 9th- Un-enumerated Rights 10- Limits the power of the Federal government