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Articles to the Constitution
Article III: Judicial Branch Lists the powers of the federal courts and what types of cases they may hear. Cases Involving: The Constitution Treaties Disputes between states Disputes between the federal government and states
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Article IV Says States must respect each other’s laws
Gives process for creating new states Promises the federal government will protect and defend the states
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Article V Gives direction on the amendment process to the Constitution
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Article VI Declares the Constitution the Supreme Law of the land
If state laws and decisions conflict with federal law, the federal law will prevail.
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Article VII Describes how the constitution would take affect when the nine states ratified it. 3-3B
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The Amendment Process Framers to the Constitution intentionally made the Amendment process difficult
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The Amendment Process Reasons Reasons
They knew how delicate the balance of the Constitution is. Changing even a small detail Could have dire effects on the government
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The Amendment Process Article V: It is a 2 step process
Admitting the Proposal The ratification of the proposal
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Article V The proposal can be done in 2 ways Congressional action A vote of 2/3 majority of both houses required 2. Request of a national convention by 2/3 of the state legislatures
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Once an amendment has been proposed ¾ of the states must ratify it.
2 ways to ratify By a vote of the state legislature By a special state convention
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Only the 21st Amendment has been ratified by state Convention
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Necessary and Proper clause
The Congress shall have Power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by the Constitution in the Government of the United States, or in any Department or Officer thereof.
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Necessary and Proper clause
The Necessary and Proper Clause, sometimes called the “elastic” clause One of the most powerful clauses of the Constitution Allows Congress to exercise power not specifically listed in the Constitution
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Necessary and Proper clause
The "necessary and proper" clause requires a right fit between means and ends. Besides being a proper end, the end must also be necessary (in the plainest sense of the word), in terms of the stated purpose of government ("to secure the Blessings of Liberty").
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Necessary and Proper clause
The clause is controversial Some believe in its elasticity meaning Congress can make laws not specifically granted by the Constitution Others believe that Congress should only make laws mentioned in the constitution
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Interpretation through Court Decisions
Supreme Court has the final say on interpreting the Constitution Inter- pretation varies. Landmark decisions such as the Miranda decision affected how police conduct business during an arrest.
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Interpretation through Congressional and Presidential Actions
Prior to the 25th Amendment it was assumed the VP would assume the powers of the President. Constitution was unclear on this until the 25th Amendment of the constitution Allows Congress to impeach or bring charges against federal officials Allows the Senate to Try or determine guilt or innocence of the charged official.
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Interpretation through Congressional and Presidential Actions
President makes agreements with other governments without Congressional approval President requests legislation from Congress The Constitution is not spoken to in these terms
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Interpretation through Custom
Political Parties Not mentioned in the Constitution, but they are an important part of the political system. 3-3C
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Essay #4 Which part(s) of the Constitution, in your opinion, is/are most important and for what reasons (Articles I through VII)?
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