1. Madison Father of the Constitution

2. US Constitution Article I Legislature Article II Executive
“Most wonderful work ever struck off at a given time by the brain and purpose of man.” Gladstone
Article I Legislature
Article II Executive
Article III Judicial
Article IV States and Federal Government
Article V Amending the Constitution
Article VI Supremacy of National Law
Article VII Ratification of the Constitution
Amendments

3. Principles of the Constitution
What are the Six Principles of the Constitution?
Popular Sovereignty
Separation of Powers
Checks and Balances
Federalism
Supremacy of National Laws
Civilian Control of Government

4. Popular Sovereignty The power to govern belongs to the people.
Preamble states: “We the people of the United States do ordain and establish this Constitution for the United States of America…”
Examples:
·         Members of the House of Representatives are to be elected directly by the people.
·         Each state has a republican form of government. (Article IV, section 4)

5. Separation of Powers: Three Branches of Government
Executive, Legislative, Judicial
To prevent the concentration of power, the framers of the constitution divided the powers of the government into three separate branches.
Inspired by the Enlightenment thinker Montesquieu

7. Checks and Balances
In an effort to insure that no one branch could act completely without restraints (Checks) the framers of the Constitution made three separate branches that could review the others.
Each Branch of Government exercises some control over the other two.

8. Federalism Distribution of power
between National and State governments
The concept that states and the Federal governments share authority and power.
Both have mutual and shared sovereignty
The Federal or National Government is Supreme
States are subordinate

9. Federalism

10. State Powers: States have internal control.
Public Health: licensing medical personnel, inspecting food and drugs
Public Safety: regulating building codes, passing motor vehicle laws
Public Welfare: regulating utilities, prohibiting discrimination
Public Morals: restricting obscenity, regulating sales of alcohol and tobacco
Public Convenience: providing for public parks and transportation
Public Education: providing compulsory education, certifying teachers
While external relations are controlled by the National or Federal Government.

11. Federalism Federal Government Gov for All states Examples:
Foreign Policy
Defense/War
Border Control
Naturalization
Commerce-Inter-state
Trade
State Government
Individual State Governments
Organization of the State
National Guard
State Police
Education
Legislature-Assembly and Senate
Executive-Governor
Judicial- State Courts and State Supreme Court

12. Supremacy of National Laws
The Constitution is the Supreme Law of the Land
No State can make a law against the US Constitution
If there is a conflict between a State and the Federal Government, the Federal Government is Supreme.

13. Civilian Control of Government
The Government can not be controlled by the military.
President is Commander and Chief

14. Article I: Legislature of US
It’s the longest article of the Constitution
Law making power
Congress= Senate= 2 senators from each state
House of Representatives # of reps based on population of state
Re.

15. Article II: The Executive Branch
Outlines the powers and responsibilities of the President
Eligibility
Term of Office
Electoral College- section 1 a tie in the Electoral College is settled in the House of Representatives
Succession
Impeachment

16. Article III: Judicial Branch
Establishes Federal Courts
Supreme Court

17. Bill of Rights
1st 10 Amendments to

18. Bill of Rights Explicit listing of 10 basic Rights citizens have
1 Amendment: Religious and Political Freedom
2 Amendment: Right to Bear Arms
3 Amendment: Quartering of Soldiers
4 Amendment: Search and Seizure
5 Amendment: Life, Liberty, and Property- self-incrimination
6 Amendment: Rights of the Accused
7 Amendment: Right to Trial by Jury
8 Amendment: Bail and Punishment
9 Amendment: All Other Rights
10 Amendment: Rights of the State and the People

19. 10th Amendment
Powers not delegated to the United States (Federal Government) by the constitution
Or prohibited by it to the states
Are reserved to the states
Or to the people
(Meaning: rights or powers not listed are held by states or the people. Ideas is that rights or powers not mentioned in the constitution, are held by states or the people have

20. 12th Amendment (1804) Changes the voting in the Electoral College
Before= one vote for president-
Winner is Pres--- 2nd place is Vice Pres
New changes= with 12th amendment
Electors have one vote for President and a separate vote for Vice President
Purpose-to align the administration regarding party, didn’t want split, Adams Admin.

21. Impeachment (Article I 2.5 and sect 3.6, Article II section 4)
Impeachment means to charge with a crime
The Constitution states:
Congress has authority to impeach president or federal judges
Chief Justice of Supreme Court is the Judge
House of Reps debates and votes on charges 51% = impeachment
Senate serves as Jury to a trial of the President
2/3 vote or 66% needed to convict.

22. Elastic clause Article I section 8
Congress has the power to “Make all laws which shall be necessary and proper”
Significance:
It remains as an opportunity for the constitution to include powers not explicitly stated.
Example: Hamilton’s National Bank program
Jefferson’s Louisiana Purchase

23. Writ of Habeas Corpus Powers Denied to Congress Article I section 9-
“The privilege of a writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”
Significance: People cannot be held unless formally charged.

24. Ex Post Facto Law Article I section 9 clause 2
Congress cannot pass a law then prosecute people who committed an act before the law was made.

25. Electoral College: Article II section 2
The election of the President
The president will be elected through an electoral college
Each state has the sum of:
Number of Representatives + Number of Senators = the number of electoral votes
California= 54 electoral votes
52 representatives + 2 senators = 54 votes

26. Judicial review

27. Amending the Constitution
Congress 2/3 of both houses shall approve Or
The Legislatures of the states 2/3rds of the shall call conventions for approving
Then ratified by 3/4ths of the state legislatures