Our Constitutional Framework

The US Constitution is the HIGHEST law of the land 1) It is a living document (can always change) 2) basic framework of our gov’t A) lists gov’ts powers B) Limits on gov’t powers C) gives people freedoms that cannot be taken by the gov’t

Limited Government National gov’t with limited powers with authority to pass laws only in the areas specifically listed in Article 1 of the constitution Legislative Branch

Article 1 Section 2: House of Rep Section 1: Congress 1. election & terms of office: every 2 years 2. Qualifications: must be 25, US citizen for 7 yrs & resident of state 3. division of rep: based on population/redistributed *fun fact – 3/5 for slaves; no Native Americans 4. vacancies: filled by special elections by state governor 5. officers: Speaker of the House (3rd in line) Section 1: Congress Senate (states) House of Reps (people)

Article 1 Section 3: Senate Section 4: Elections & Mtgs Elected by the people 2 per state; 100 total Elected every 6 years Need to be 30, citizen for 9 years, resident of state President of the Senate = Vice President (tie-breaker) Pre pro Tempore (if VP is absent) Impeachment – 2/3 vote Section 4: Elections & Mtgs Section 5: Organization & Rules of Procedure Section 6: Privileges & Restrictions Used to be paid $6 a day Basic $174,000 Majority/minority leader $193,400 Pres. Pro Tempore $223,500 VP $230,700

Article 1 Section 7: passing laws Section 8: powers granted to Congress Section 9: powers denied to the Federal Gov’t Section 10: Powers denied to the states

Separation of Powers Executive – president & federal agencies (enforce law) Legislative – Congress (makes laws or statutes) Judicial – Courts (clarifies law) Checks and Balances – no one branch can be too powerful veto

Judicial Review Court can deem a law unconstitutional 1) gov’t passed a law which the Constitution doesn’t give it the power to pass 2) or law violates somebody’s rights

State v. Federal Laws State Federal Varies by state Ex. License age Every state has its own constitution Might have greater protection of rights Outlined by constitution Bill of Rights – defines & guarantees fundamental rights

Constitution Is difficult to change Need a 2/3 vote by both House of Congress OR Convention called by 2/3 of states Must be approved by ¾ of states Why change? Extend rights (27 amendments)