The U.S. Constitution

1.Parts of the Constitution-Preamble -An Introduction to whole Constitution Gives the purposes and goals of government -Proposes a government based on the will of the people “We, the people of the United States, in Order to from a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common Defense, 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.”

1.Parts-Article 1: Legislative Branch -Describes how Congress makes the laws and how it is organized -Divides Congress into two houses: House of Representatives and Senate -Sets qualification and terms of members -Describes law making process -Denies certain powers to Congress (limited government) -Gives specific powers to Congress (enumerated powers) -Examples of Enumerated Powers: taxation, borrow money, regulate trade, coin money, declare war, establish military -Congress can also do anything “necessary and proper” to uphold the Constitution and govern the nation Article I describes U.S. Congress The House of Representatives is based on population The Senate is based on equal representation, with two Senators from every state (today)

1.Parts-Article 2: Executive Branch -Describes the how the President and Vice President will enforce the laws -Sets up terms and qualifications to hold positions -Electoral College method outlined for presidential elections -Makes president commander-in-chief Head of the US military -Allows president to make treaties and appoint officials upon approval -Describes impeachment process Elected officials charged with illegal actions while in office; could possibly be removed (President/VP/judges) Article 2 describes how the Executive Branch will be set up, including the qualifications, method of election, and term limits for the President and Vice President. It also defines the impeachment process. The most recent President to be impeached was Bill Clinton.

1.Parts-Article 3: Judicial Branch -Describes how the courts are organized and how they are to interpret laws Does not include a Supreme Court; will later be changed -Sets terms and qualification of judges -Explains the jurisdiction of Federal Courts -Gives right to Trial by Jury in Federal Cases -Crime of treason is defined Going against your country Espionage: spying Only crime defined in the Constitution Article 3 describes how the U.S. Courts will work.

1.Parts-Article 4: Relationship of States -Describes the relationship of states to one another and the central government Describes federalism: multiple levels of government working together -Outlines Full Faith and Credit Clause States will recognize and follow each other’s laws -Describes the process of Extradition Sending prisoners back to state to have a trial -Explains the addition of new states and territories -Guarantees federal protection from invaders for all states Criminals who break a law in one state, try to flee to another state, and get caught in another state, will be sent back to the original state for their trial. This process is called extradition.

1.Parts-Article 5: Amendment Process -Describes the process to change the Constitution -Sets up two methods for proposing an amendment 1) 2/3 of Both Houses of Congress 2/3 of the members of Congress must agree to propose (ask for) a change 2) National Convention called by 2/3 of states 33 states must call a convention -Only method ever used is 2/3 of Congress -Sets up the two methods of ratifying a new amendment How to get that change approved

1.Parts-Article 5: Amendment Process -After being proposed, it must be ratified by 3/4 of the states 38 states must approve amendment -Two methods of ratifying: by state legislatures Let the Congress of the state vote as representatives for the people 2) by state conventions Invite citizens themselves to vote -Amending the Constitution is a tough job Only been amended 27 times in over 200 years

1.Parts-Article 6: Supremacy Clause National State Local -Describes the supremacy of the Constitution and the national government Makes national government more powerful than any other level -States cannot challenge national laws, national always wins Article 7: Ratification Process Describes the process of ratification of this Constitution (Approval) -Stated that 9 out of 13 states had to approve Constitution in order for it to be accepted as law of the land

2.Aspects-Limited Government - Belief that a government’s powers should be restricted Want to prevent government from having too much power -The Rule of Law: everyone must obey the law, even those who rule Protects against abusive government -Majority rule is not always acceptable -prevents abuse by factions Small groups of people who try to take power Constitution list powers that are given to the government and powers that are guaranteed to the people

2.Aspects-Separation of Powers -philosophy that the best government is one where the functions of governing are divided. Each branch of government has its own duties and responsibilities -keep the individual parts from becoming abusive Keeps each branch from gaining too much power -executive branch Makes sure that the laws are being followed by all people -legislative branch Makes the laws people will follow -judicial branch Interprets the laws and makes sure that they are fair The U.S. Constitution separates the governing powers of the three branches: Legislative – Makes Laws Executive – Enforces Laws Judicial – Uses Constitution to justify laws, punishes lawbreakers

2.Aspects-Checks and Balances -system designed to have the separate parts of government watch over each other One branch can block actions of another branch to keep them from having too much power -Executive President can veto Congress’ laws Nominates Supreme Court justices -Legislative Can override Presidential vetoes Approves Presidential appointments -Judicial Rejects unconstitutional laws Rejects unconstitutional treaties

2.Aspects-Popular Sovereignty -the right of the people to rule themselves by voting Power to rule comes from the consent of the governed – social contract -direct democracy -history of town meetings to practice self gov’t Mayflower Compact, New England -representative democracy -carried out through elections -elected representatives rule on our behalf President, Congress, etc. Makes America a republic

2.Aspects-Federalism - Two or more governments that operate together and share powers over citizens (federal, state, local) Multiple governments operating at the same time, federal is supreme -gives greater control to the governments closest to the citizen -local Make ordinances the community must follow, laws impact directly -state Make statues the whole state must follow -national Make laws the whole nation must follow

2.Aspects-Enumerated Powers - Enumerated, delegated, expressed, exclusive - Powers that are given to the Federal government by the Constitution Only the federal government can do them (President, Congress, Supreme Court) -Declare war, make peace, make treaties, naturalization and citizenship, immigration, printing currency, regulate interstate commerce, postal system…

2.Aspects-Concurrent Powers -powers that are shared by the different levels of government Both the federal and state (and sometimes local) governments can do them - making laws, enforcing laws, borrowing money, taxing, provide for welfare and safety of citizens

2.Aspects-Reserved Powers 10th Amendment, powers just for the states (states’ rights) -these are powers that are given to the state governments under the Federalism system - State commerce, education, local government, control voting, welfare and safety of citizens