The Constitution
John Locke English philosopher Social Contract Theory People give power to govt. for rights & protection 3 Natural Rights Philosophies were used as basis for US govt. 2
John Locke's 3 Natural Rights Life: Survival; safety Liberty: Freedom; make own decisions Property: Own things for: - Survival (land) - Economic Gain ($$$) - Make life easier 3
Constitution: Basics Blueprint to run govt. Limit govt.’s power Provides legal rights to citizens
Sections of the Constitution The Constitution is separated into three parts: Preamble: Introduction; tells you its purpose Articles: Outline; 7 total. Amendments: Legal change; 27 total.
Articles of the Constitution The Constitution has 7 articles: Article 1: The Legislative Branch Article 2: The Executive Branch Article 3: The Judicial Branch
Articles of the Constitution Article 4: State Governments Article 5: Amendments
Articles of the Constitution Article 6: Constitution as Higher Law Article 7: Ratification of the Constitution
beClause I Said So There are three important clauses in the Articles of the Constitution Clause: section of Constitution that grants power to people/govt.
Supremacy Clause Article VI: “Constitution is the supreme law of the land.” Constitution = higher law Any conflict between national and state law, national law has higher authority.
Elastic Clause Article I: Congress has power to “make all laws that shall be necessary & proper” to perform their duties. Congress can ‘stretch’ their power Examples?? Also known as the “Necessary & Proper Clause”
Elastic Clause Arguments over interpretation: Federalists: Make any laws that are not forbidden. Anti-Federalists: Make only laws that are mentioned.
Eminent Domain “To provide for the common defence and general welfare [common good] of the United States” In 5th Amendment Can take property Equitable pay Use for common good
FLAGSTAFF LAKE, C. 1949
Commerce Clause
Powers Granted in Constitution Delegated Powers Reserved Powers Concurrent Powers
Delegated Powers Powers by Natl. Govt. Listed in Constitution Enumerated, or in clauses Examples: - Regulate Interstate Trade - Create Post Offices - Commerce Clause - Coin Money
Reserved Powers Powers of states Protected by 10th Amendment Examples: - Establish Schools - Marriage Laws - Regulate trade within border
Concurrent Powers Powers of natl. & state govts. Examples: - Taxes - Law Enforcement - Establish Court System
Limiting Power Checks & Balances Separation of Powers Legislative Limits: Ex Post Facto Habeas Corpus Bills of Attainder Terms of Office Annual Elections
Amendments An amendment is a change in the Constitution In 230 years, the Constitution has only been amended 27 times Example: 13th Amendment (ended slavery), 19th Amendment (women right to vote) Last amendment: 1992 (stop increases in Congress salary)
Marbury v. Madison (1803) VS.
Marbury v. Madison (1803) Adams names Marbury judge Madison refuses to give him commission Writ of Mandamus Judiciary Act of 1789 Act unconstitutional Establishes judicial review
Judicial Review Natl. & State laws under judicial review Judicial Review: power of Supreme court to determine constitutionality of laws Legal v. Illegal actions Checks other branches