Good Morning 9/16/14 Please take a handout, grab your notebook and a textbook and have a seat. Prepare to take notes on the Constitution We will complete the handout after taking notes Anyone who wishes to retake the test (if you have your study guide initialed) can do so at any time THE CONSTITUTION

ARTICLES OF THE CONSTITUTION ArticleSubject Preamble Article I Article II Article III Article IV Article V Article VI Article VII states the purpose of the Constitution Legislative Branch Executive Branch Judicial Branch Relations among the states Amending the Constitution National debts, supremacy of national law, and oaths of office Ratifying the constitution

SIX BASIC PRINCIPLES OF THE CONSTITUTION 1. Popular Sovereignty: political power belongs to the people “We the People…” National government is given power from the people via the Constitution State governments are given power from the people via state constitutions National Law supersedes state law in most cases

SIX BASIC PRINCIPLES OF THE CONSTITUTION 2. Limited Government No government should be all-powerful. The other side of popular sovereignty People give the power to govern and the government cannot do anything other than the things the people have given them power to do. Constitutionalism – government must be conducted according to constitutional principles Rule of Law – government and its officers are always subject to – never above – the law.

SIX BASIC PRINCIPLES OF THE CONSTITUTION 3. Separation of Powers Power is distributed to the branches of government. Each branch has specific power/responsibility Article I Section 1: “All legislative powers herein granted shall be vested in the Congress of the United States.” Congress has lawmaking power Article II Section 1: “The executive power shall be vested in a President of the United States of America.” The President has the power to execute, enforce, and administer the law. Article III Section 1: “The judicial power of the United States will be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish” The Supreme Court and the Federal Courts interpret and apply the law.

SIX BASIC PRINCIPLES OF THE CONSTITUTION 4. Checks & Balances The branches of government are not entirely separate from one another. Each branch is subject to a number of constitutional restraints by the other branches. i.e. The President’s power to veto a bill See the chart on p.68

SIX BASIC PRINCIPLES OF THE CONSTITUTION 5. Judicial Review The power of the courts to determine whether what government does is in accord with what the Constitution provides. The power of the court to determine the Constitutionality of governmental action. Though the Constitution does not explicitly provide for the power of judicial review, it is an implied power. Hamilton wrote in The Federalist No. 78 “independent judges are an essential safeguard against the effects of occasional ill humors in society.” The Supreme Court established the power of judicial review in the Madison v. Marbury case.

SIX BASIC PRINCIPLES OF THE CONSTITUTION 6. Federalism The division of power among a central government and several regional (state) governments This concept arose as a solution to the failures of the Articles of Confederation Federalism was an alternative to the system of nearly independent states and a safeguard against a powerful central government.