The Constitution

The Constitution: The Basics The Constitution is a blueprint for how our government should be run. The Constitution’s main purpose is to provide a way to limit the power of government. By doing this, it ensure that our rights are protected. Provides legal rights to citizens

Principles of the Constitution The Constitution is based on 6 principles: 1.) Democratic Rule 2.) Limited Power of Govt. 3. Separation of Powers (3 Branches) 4.) Checks & Balances 5.) Judicial Review 6.) Federalism

The Sections of the Constitution The Constitution is separated into three parts: Preamble: An introduction to the constitution that tells you its purpose. Articles: Outline for how the government should be run. There are 7 articles total. Amendments: Legal changes to the Constitution. There are currently 27 amendments.

Quick Write: Create a Preamble Please read the preamble to the Constitution in your Constitution Packet. Next, re-write the Preamble in your own words. Example: We the people of the United States, in order to form a more perfect union….. Mr. Duran’s Version We the people of the United States, in order to create a better country……

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: a part of the Constitution that grants certain power to people or govt.

Supremacy Clause Article VI states that the “Constitution is the supreme law of the land.” This establishes the Constitution as a higher law. In any conflict between national and state law, the national law has higher authority.

Necessary & Proper Clause In Article I, the Constitution gives Congress the power to “make all laws that shall be necessary & proper” for Congress to carry out its duties. Also known as the “Elastic Clause” Arguments over interpretation: Federalists: Congress should be able to make any laws that are not specifically forbidden. Anti-Federalists: Congress should only make the kinds of laws the Constitution mentions.

General Welfare Clause “To provide for the common defense and general welfare [common good] of the United States” This rule allows Congress to pass any law that benefits the common good

Powers Granted in Constitution There are 3 types of power granted in the U.S. Constitution: Enumerated (Delegated) Powers Reserved Powers Concurrent Powers

Delegated Powers Powers held by Federal Government These powers are listed in the U.S. Constitution Not all are specifically stated (clauses) Examples: - Regulate Interstate Trade - Create a Post Office - General Welfare Clause - Coin Money

Reserved Powers Powers reserved for the States - These powers are protected by the 10th Amendment - Not all are specifically stated Examples: - Establish Schools - Marriage Laws - Regulate trade within border

Concurrent (Shared) Powers Powers held by both Federal & State Government Examples: - Taxes - Law Enforcement - Establish Court System

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) Marbury named Judge by Adams; Jefferson & Madison refuse to give Marbury his commission (contract) Can not become judge w/o commission Sues govt. for a writ of mandamus Govt. allowed to author writ according to Judiciary Act of 1789 However, Supreme Court finds the law to be unconstitutional Establishes the power of judicial review

Judicial Review Any law created by either National or State government is subject to judicial review Judicial Review: Ability of Supreme Court to review laws and decide if they follow the Constitution Determines which laws are legal Checks powers of the other branches