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The Structure of our Constitution
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Essential Question Explain the content of each Article of the Constitution
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The Structure of the Constitution
Preamble Article I- Legislative Branch Article II- Executive Branch Article III- Judicial Branch Article IV- Relationship between States Article V- Amendment Process Article VI- The Supremacy Clause Article VII- Ratification
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Vocabulary Elastic clause- also know as the necessary and proper clause writ of habeas corpus – Those accused of a crime must be brought before judge and told of the charges against them. bills of attainder- laws that would punish someone without a trial Ex-post facto laws- law that would punish someone for an action committed before it was illegal) Extradition- when States must send accused people back to state where crime occurred Impeachment- the formal accusation of wrongdoing
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The Preamble WE, the people of the United States, in order to… (PURPOSES) Form a more perfect union Establish justice Ensure domestic tranquility Provide for the Common Defense Promote the General Welfare Secure the blessings of liberty for ourselves and our posterity Do ordain and establish this Constitution for the United States of America.
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Article I: Legislative Branch
Sets up Congress (Bicameral) House of Representatives (number of members per state determined by population) = 435 members Senate (2 for every state) = 100 members Lists powers of Congress ENUMERATED POWERS Collect taxes Coin money Regulate interstate trade/commerce Raise an army Declare war Create post offices ELASTIC CLAUSE (NECESSARY AND PROPER CLAUSE) IMPLIED POWERS
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Article I: Legislative Branch continued…
C. Lists powers denied to Congress Cannot deny writ of habeas corpus (must be brought before judge and told of the charges against them. Cannot pass bills of attainder (law that would punish someone without a trial) Cannot pass ex post facto laws (law that would punish someone for an action committed before it was illegal)
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Article II: Executive Branch
Qualifications for President 35 years old Natural born citizen / live in US 14 years Describes powers & duties of President 1. Commander in Chief (military) 2. Appoint individuals to federal jobs 3. Give State of the Union address 4. Carry out laws Describes electoral college system D. Describes impeachment (formal accusation of wrongdoing)
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Article III: Judicial Branch
Names highest court in nation (Supreme Court) Allows Congress to set up more federal courts as needed Determines jurisdiction (which cases can be heard by Supreme Court) Original jurisdiction = only cases involving ambassadors or state suing another state Appeals – cases involving CONSTITUTIONAL issues
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Article IV: Relationships Between States
Full Faith & Credit Clause - States must respect laws, court decisions of other states Requires extradition of accused criminals States must send accused people back to state where crime occurred
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Article V: Amendment Process
Change must be proposed by EITHER: 2/3 of Congress -OR- 2/3 of all states Change ratified by EITHER: ¾ state legislatures ¾ of state conventions
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Article VI: Supremacy Clause
Constitution = Supreme Law National government always above states in power
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Article VII: Ratification Process
Required 9 out of 13 states for ratification (approval) Was ratified only after Bill of Rights was promised to Anti-Federalists
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