2. Ch. 3 - The Constitution Section 1 - The Six Basic Principles Structure - Constitution is brief compared to other constitutions - about 7,000 words - divided into three parts

3. State Constitutions State Constitutions Length Amendments Arkansas540,720 84 California254,645 508 Georgia 1025,000 48 Maryland441,349212 New York451,700216 Ohio236,900158 Oklahoma1 9,153157 Texas 580,806377

4. Ch. 3 - The Constitution Section 1 - The Six Basic Principles Structure - Constitution is brief compared to other constitutions - about 7,000 words - divided into three parts The Preamble - The Preamble states why the Constitution was written and lists its goals - “We the people”

5. “ We the People of the United States, in Order to form 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.”

6. Ch. 3 - The Constitution Section 1 - The Six Basic Principles Structure - Constitution is brief compared to other constitutions - about 7,000 words - divided into three parts The Preamble - The Preamble states why the Constitution was written and lists its goals - “We the people”

7. Seven Articles - Each article deals with a specific topic and are divided into sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18 Article I - Legislative Branch

8. ARTICLE I. Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

9. Seven Articles - Each article deals with a specific topic and are divided into sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18 Article I - Legislative Branch Article II - Executive Branch

10. ARTICLE II. Section. 1 The executive Power shall be vested in a President of the United States of America.

11. Seven Articles - Each article deals with a specific topic and are divided into sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18 Article I - Legislative Branch Article II - Executive Branch Article III - Judicial Branch

12. ARTICLE III. Section. 1 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

13. Seven Articles - Each article deals with a specific topic and are divided into sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18 Article I - Legislative Branch Article II - Executive Branch Article III - Judicial Branch Article IV - State to state / National to state relations Article V - Amending process Article VI - “Supremacy clause”

14. ARTICLE VI “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof… shall be the supreme Law of the Land; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

15. Seven Articles - Each article deals with a specific topic and are divided into sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18 Article I - Legislative Branch Article II - Executive Branch Article III - Judicial Branch Article IV - State to state / National to state relations Article V - Amending process Article VI - “Supremacy clause” Article VII - Ratification process

16. ARTICLE VII “The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution…”

17. Seven Articles - Each article deals with a specific topic and are divided into sections and paragraphs Ex.: Art. I, Sect. 8, Para. 18 Article I - Legislative Branch Article II - Executive Branch Article III - Judicial Branch Article IV - State to state / National to state relations Article V - Amending process Article VI - “Supremacy clause” Article VII - Ratification process

18. Seven Articles - Article I ____ A) Amending process Article II ____ B) Ratification process Article III ____ C) Executive Branch Article IV ____ D) “Supremacy clause” Article V ____ E) Legislative Branch Article VI ____ F) State to state / Nat. to state relations Article VII ____ G) Judicial Branch E C G F A D B

19. The Amendments - 27 - Additions or changes to the Constitution 1 st ten amendments are the “Bill of Rights”

20. Six Basic Principles - Constitution is based on six basic principles of government 1. Popular Sovereignty The people are the source of governmental power - “by the consent of the governed” 2. Limited Government The government may only do what the people have given it the power to do 3. Separation of Powers Power of the National Government is distributed among the Legislative, Executive, and Judicial branches Designed to keep any branch from gaining too much power

21. 4. Checks and Balances Each branch has power to “check” the power of the other two branches

22. The Executive branch “checks”: The Legislative branch by means of: - Presidential veto of legislation The Judicial branch by means of: - Supreme Court and other federal appointments

23. The Legislative branch “checks”: The Executive branch by means of: - Override veto - Impeachment of President - Approval of presidential appointments The Judicial branch by means of: - Impeachment of judges - Approval of appointed justices and judges

24. The Judicial branch “checks: The Legislative branch by means of: - Declaring legislative acts as unconstitutional The Executive branch by means of: - Declaring executive actions to be unconstitutional - Appointed for life; free from executive control Check & Balances

25. 4. Checks and Balances Each branch has power to “check” the power of the other two branches 5. Judicial Review Power of the court to find government action unconstitutional - Established in Marbury v. Madison - 1803 6. Federalism The division of power among national, state, local govt.

26. Federalism Fed. Govt. State Govt. Local Govt.

27. Separation of Powers Legislative Executive Judicial

28. 4. Checks and Balances Each branch has power to “check” the power of the other two branches 5. Judicial Review Power of the court to find government action unconstitutional - Established in Marbury v. Madison - 1803 6. Federalism The division of power among national, state, local govt.

29. Match the six basic principles with the correct phrase ____ 1. Popular Sovereignty ____ 2. Limited Government ____ 3. Separation of Powers ____ 4. Checks & Balances ____ 5. Judicial Review ____ 6. Federalism A. three branches of govt. B. veto / impeachment C. government power at the national, state, local levels D. “We the people” E. government can only exercise the power it is given F. Courts determine unconstitutionality D E A B F C

30. Section 2 - Amending the Constitution (Formal) Amending Process - Article V Demonstrates “Federalism” - amendments are proposed at the National level and ratified at the State level

31. ARTICLE V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article.

32. Section 2 - Amending the Constitution Amending Process - Article V - Demonstrates “Federalism” - amendments are proposed at the National level and ratified at the State level Proposing: Method 1: a two-thirds vote in each house of Congress Method 2: a national convention, called for at the request of two-thirds of the state legislatures (34 states)

33. Ratifying: Method 1: by three-fourths of the state legislatures (38 states) Method 2: by conventions in three-fourths of the states (38 states) Amending

35. Marbury v. Madison Key Terms: John Adams Thomas Jefferson Marbury Madison writ of mandamus Judiciary Act of 1789 John Marshall

36. Section 3 - Constitutional Changes by Other Means (informal) Does not involve changing the Constitution, but helps define the Constitution Four areas: Congressional Action - Congress helps define the Constitution by the laws it passes Presidential Action - Presidents have often taken action beyond the powers granted by the Constitution Ex: Executive Agreements with other countries – actions during national crisis

37. Supreme Court Decisions - Court interprets non-specific phrases in the Constitution Judicial Restraint - Court should not attempt to make social change through its decisions - narrow interpretation of Constitution Judicial Activism - Court should play an active role in shaping social policy - use its decisions for positive change - broad interpretation Custom - Political customs that are not addressed in the Constitution Ex: Political parties

39. Supreme Court Decisions - Court interprets non-specific phrases in the Constitution Judicial Restraint - Court should not attempt to make social change through its decisions - narrow interpretation of Constitution Judicial Activism - Court should play an active role in shaping social policy - use its decisions for positive change - broad interpretation Custom - Political customs that are not addressed in the Constitution Ex: Political parties

40. Ch. 4 - Federalism Sect. 1 - Federalism: Powers Divided Division of Powers - The constitution established Federalism by granting and denying powers to national and state governments

41. Federalism Fed. Govt. State Govt. Local Govt.

42. Separation of Powers Legislative Executive Judicial

43. Ch. 4 - Federalism Sect. 1 - Federalism: Powers Divided Division of Powers - The constitution established Federalism by granting and denying powers to national and state governments Delegated Powers - 3 types Powers granted to the national govt. by the Constitution Expressed - Those powers specifically stated in the Constitution Art I, Sect. 8, Par. 1-17

44. ARTICLE I, Sect. 8 The Congress shall have Power To lay and collect Taxes… To borrow Money on the credit of the United States; To regulate Commerce…among the several States… To coin Money…and fix the Standard of Weights and Measures; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To declare War… To raise and support Armies…

45. Ch. 4 - Federalism Sect. 1 - Federalism: Powers Divided Division of Powers - The constitution established Federalism by granting and denying powers to national and state governments Delegated Powers - 3 types Powers granted to the national govt. by the Constitution Expressed - Those powers specifically stated in the Constitution Art I, Sect. 8, Par. 1-17 Implied - Powers not “expressly” stated in the Constitution but are implied - “Implied Powers Clause” - Art. I, sec. 8, par. 18 McCulloch vs. Maryland - 1819

46. ARTICLE I, Section 8, Par. 18 “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…

47. ARTICLE I, Sect. 8 The Congress shall have Power To lay and collect Taxes… To borrow Money on the credit of the United States; To regulate Commerce…among the several States… To coin Money…and fix the Standard of Weights and Measures; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To declare War… To raise and support Armies…

48. Ch. 4 - Federalism Sect. 1 - Federalism: Powers Divided Division of Powers - The constitution established Federalism by granting and denying powers to national and state governments Delegated Powers - 3 types Powers granted to the national govt. by the Constitution Expressed - Those powers specifically stated in the Constitution Art I, Sect. 8, Par. 1-17 Implied - Powers not “expressly” stated in the Constitution but are implied - “Implied Powers Clause” - Art. I, sec. 8, par. 18 McCulloch vs. Maryland - 1819

49. Inherent - Powers that the National Government “traditionally” holds but are not stated in the Constitution Ex: controlling immigration, establishing foreign relations Reserved Powers - Powers held by the states - not delegated to the National Government - 10th Amendment

50. Amendment X (1791) “The powers not delegated to the United States by the Constitution,… are reserved to the States respectively, or to the people”

51. Inherent - Powers that the National Government “traditionally” holds but are not stated in the Constitution Ex: controlling immigration, establishing foreign relations Reserved Powers - Powers held by the states - not delegated to the National Government - 10th Amendment Concurrent Powers - Powers that both National and State Governments posses Ex: Power to tax, establish courts, law enforcement, social programs

54. Federalism

55. Denied Powers Powers specifically denied to National or State governments National Government - Art. 1, sec. 9 & various amendments

56. ARTICLE I, Section 9 “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended… No Bill of Attainder or ex post facto Law shall be passed. No Tax or Duty shall be laid on Articles exported from any State.

57. Denied Powers Powers specifically denied to National or State governments National Government - Art. 1, sec. 9 & various amendments States - Art. 1, sec. 10 & various amendments

58. ARTICLE I, Section 10 “No State shall enter into any Treaty, Alliance, or Confederation… coin Money… No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports… No State shall, without the Consent of Congress, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with a foreign Power, or engage in War…”

59. Denied Powers Powers specifically denied to National or State governments National Government - Art. 1, sec. 9 & various amendments States - Art. 1, sec. 10 & various amendments Sect. 3 - Interstate Relations - Article IV Interstate Compact - Agreement among states - Conservation / wildlife, law enforcement

60. Full Faith and Credit Clause - In civil matters one state must recognize records from another state such as marriage, licenses, law suits, etc. Privileges and Immunities - All states must recognize the rights of a citizen of another state the same as their own citizens Extradition - A fugitive from one state will be returned if caught in another state No Person held to Service or Labour in one State, escaping into another, shall be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

61. The End