Madison Father of the Constitution

US Constitution Article I Legislature Article II Executive “Most wonderful work ever struck off at a given time by the brain and purpose of man.” Gladstone Article I Legislature Article II Executive Article III Judicial Article IV States and Federal Government Article V Amending the Constitution Article VI Supremacy of National Law Article VII Ratification of the Constitution Amendments

Principles of the Constitution What are the Six Principles of the Constitution? Popular Sovereignty Separation of Powers Checks and Balances Federalism Supremacy of National Laws Civilian Control of Government

Popular Sovereignty The power to govern belongs to the people. Preamble states: “We the people of the United States do ordain and establish this Constitution for the United States of America…” Examples: ·         Members of the House of Representatives are to be elected directly by the people. ·         Each state has a republican form of government. (Article IV, section 4)

Separation of Powers: Three Branches of Government Executive, Legislative, Judicial To prevent the concentration of power, the framers of the constitution divided the powers of the government into three separate branches.

Checks and Balances In an effort to insure that no one branch could act completely without restraints the framers of the Constitution made three separate branches that could review the others. Each Branch of Government exercises some control over the other two.

Federalism Distribution of power between National and State governments The concept that states and the Federal governments share authority and power. Both have mutual and shared sovereignty The Federal or National Government is Supreme States are subordinate

State Powers: States have internal control. Public Health: licensing medical personnel, inspecting food and drugs Public Safety: regulating building codes, passing motor vehicle laws Public Welfare: regulating utilities, prohibiting discrimination Public Morals: restricting obscenity, regulating sales of alcohol and tobacco Public Convenience: providing for public parks and transportation Public Education: providing compulsory education, certifying teachers While external relations are controlled by the National or Federal Government.

Federalism Federal Government Gov for All states Examples: Foreign Policy Defense/War Border Control Naturalization Commerce-Inter-state Trade State Government Individual State Governments Organization of the State National Guard State Police Education Legislature-Assembly and Senate Executive-Governor Judicial- State Courts and State Supreme Court

Supremacy of National Laws The Constitution is the Supreme Law of the Land No State can make a law against the US Constitution If there is a conflict between a State and the Federal Government, the Federal Government is Supreme.

Civilian Control of Government The Government can not be controlled by the military. President is Commander and Chief

Article I: Legislature of US It’s the longest article of the Constitution Law making power Congress= Senate= 2 senators from each state House of Representatives # of reps based on population of state Re.

Article II: The Executive Branch Outlines the powers and responsibilities of the President Eligibility Term of Office Electoral College- section 1 a tie in the Electoral College is settled in the House of Representatives Succession Impeachment

Article III: Judicial Branch Establishes Federal Courts Supreme Court

Bill of Rights 1st 10 Amendments to

Bill of Rights Explicit listing of 10 basic Rights citizens have 1 Amendment: Religious and Political Freedom 2 Amendment: Right to Bear Arms 3 Amendment: Quartering of Soldiers 4 Amendment: Search and Seizure 5 Amendment: Life, Liberty, and Property- self-incrimination 6 Amendment: Rights of the Accused 7 Amendment: Right to Trial by Jury 8 Amendment: Bail and Punishment 9 Amendment: All Other Rights 10 Amendment: Rights of the State and the People

10th Amendment Powers not delegated to the United States (Federal Government) by the constitution Or prohibited by it to the states Are reserved to the states Or to the people (Meaning: rights or powers not listed are held by states or the people. Ideas is that rights or powers not mentioned in the constitution, are held by states or the people have

12th Amendment (1804) Changes the voting in the Electoral College Before= one vote for president- Winner is Pres--- 2nd place is Vice Pres New changes= with 12th amendment Electors have one vote for President and a separate vote for Vice President Purpose-to align the administration regarding party, didn’t want split, Adams Admin.

Impeachment (Article 1 section 3, Article II section 4) Impeachment means to charge with a crime The Constitution states: Congress has authority to impeach president or federal judges Chief Justice of Supreme Court is the Judge House of Reps debates and votes on charges 51% = impeachment Senate serves as Jury to a trial of the President 2/3 vote or 66% needed to convict.

Elastic clause Article I section 8 Congress has the power to “Make all laws which shall be necessary and proper” Significance: It remains as an opportunity for the constitution to include powers not explicitly stated. Example: Hamilton’s National Bank program Jefferson’s Louisiana Purchase

Writ of Habeas Corpus Powers Denied to Congress Article I section 9- “The privilege of a writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Significance: People cannot be held unless formally charged.

Ex Post Facto Law Article I section 9 clause 2 Congress cannot pass a law then prosecute people who committed an act before the law was made.

Electoral College: Article II section 2 The election of the President The president will be elected through an electoral college Each state has the sum of: Number of Representatives + Number of Senators = the number of electoral votes California= 54 electoral votes 52 representatives + 2 senators = 54 votes

Judicial review

Amending the Constitution Congress 2/3 of both houses shall approve Or The Legislatures of the states 2/3rds of the shall call conventions for approving Then ratified by 3/4ths of the state legislatures