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DECONSTRUCTING THE CONSTITUTION
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THE PREAMBLE explains the purpose and GOALS of the Constitution
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“We the people of the United States, in Order to…
Popular Sovereignty (the power comes from the people. The government depends on the people for its power and exists to serve them).
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…form a more perfect Union,
To unite the states more effectively so they can operate as a single nation, for the good of all
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…establish Justice, To create a system of fair laws and courts and make certain that all citizens are treated equally.
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…insure domestic tranquility
To maintain peace and order, keeping citizens and their property safe from harm.
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…provide for the common defense,
To be ready militarily to protect the country and its citizens from outside attacks.
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…promote the general Welfare,
To help people live healthy, happy, and prosperous lives.
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…secure the Blessings of Liberty to ourselves and our Posterity,
To protect the benefits of freedom and the basic rights of all Americans, including future generations.
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…do ordain and establish this Constitution for the United States of America.”
Pass into law this written plan of government for the United States of America
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Article I The Legislative Branch
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Provides for a legislative, or law-making, branch of government
States that Congress made of two houses: Senate & House of Representatives (bicameral) Describes how members of each house will be chosen Lists specific powers (delegated powers) that Congress does and does not have
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Article II The Executive Branch
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Provides for an executive, or law-enforcing, branch of government
Explains how the president & vice-president are elected and how they can be removed from office Describes presidential powers and responsibilities
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Article III The Judicial Branch
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Lists the powers of the federal courts
Provides for a judicial branch that will interpret the laws and see that they will be fairly applied Calls for “one Supreme Court” and such lower courts as Congress deems appropriate Lists the powers of the federal courts Describes the kinds of cases federal courts hear
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Article IV Focus on the states
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(“Full Faith and Credit” clause)
All states must respect other states’ laws, court decisions, and records (“Full Faith and Credit” clause) Explains the process for creating new states Promises that the federal government will protect and defend the states
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Article V Amending the Constitution
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Proposed amendment must be approved by two-thirds vote in both houses
Approved by three-fourths of 50 state legislatures or…… Proposed amendment by national convention called by two-thirds of 50 state legislatures
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Proposal Ratification
Vote of 2/3 of members of both houses of Congress By national convention called at the request of 2/3 of state legislatures. Ratification Approved by ¾ of state legislatures Approved by ¾ of ratifying conventions held in states
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All 27 Amendments have been added by Congressional Amendment and ratification by the states
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Article VI The Supreme Law of the Land
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If state laws or court decisions conflict with federal law …
the federal law will prevail
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No religious test for office
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Article VII Approving the Constitution
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The Constitution will take effect when NINE states had ratified it
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Principles Underlying the Constitution
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Popular Sovereignty – idea that power lies with the people
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Reflected in the first three words of the Constitution… “WE THE PEOPLE…”
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Citizens exercise this power by voting.
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The Constitution includes provisions for the election of members of Congress as well as the president and vice president
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Rule of Law – the law applies to everyone, including those who run the government.
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The Constitution limits the government’s power by specifying what it can and cannot do.
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Separation of Powers – power is divided among three branches of government
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Checks and Balances – each branch is able to check (limit) the power of the other branches
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Federalism – power is shared between the national government and the states
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Delegated / Enumerated / Expressed Powers – powers specifically given to the national government (Article I, Section 8: tax, borrow money, print money, regulate interstate commerce, etc)
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Reserved Powers – powers not given to the national government are left to the states (Examples: establish local governments & schools, run elections)
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Concurrent Powers – powers shared by the national and state governments (Examples: impose taxes, make & enforce laws, establish courts)
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