1. The Constitution
Chapter 3 Sections 3 and 4

2. Constitution vs. AofC

3. Sections of the Constitution
Preamble- introduction that gives the goals and purpose of government
First part of the constitution, opening part
Articles- main body that explains how government is set up and will function
Middle part of the constitution, main part
Amendments- changes added after the constitution was written
Last part of the constitution, continually changing

4. School House Rock Preamble

5. Article I Set up the Legislative Branch
Legislative Branch- makes the laws
Set up a bicameral legislature called Congress
House of Representatives- state representation based on population
Senate- each state has equal representation (2 members)
Explains how members of Congress will be chosen, requirements to be a member, and rules they must follow

6. Article II Set up the Executive Branch
Executive Branch- carries out the law
Set up the President as the leader of the Executive Branch
Explains how President and Vice President will be choose, requirements to be President and Vice President, and rules they must follow
Also lists the President and Vice President’s powers

7. Article III Set up the Judicial Branch
Judicial Branch- interprets the laws
Set up the Supreme Court and lower federal courts
Also lists the powers of the federal courts and describes the cases they may hear

8. Articles IV-VII
Explain the relationship between the national government and state governments

9. Amendments Changes added to the constitution after it was written
Currently there are 27 amendments
To amend the constitution there must be a proposal and ratification
2/3rd of Congress (or state legislatures) must approve the proposal
3/4th of states must ratify the amendment for it to be added

10. Constitutional Principles
Necessary and Proper Clause- Congress can use powers not specifically stated in the constitution if it is “necessary and proper” for government
Known as “implied powers”
Ex. Regulating TV shows so that they can not have profanity, nudity, etc.

11. Constitutional Principles
Popular Sovereignty- government gets its power from the consent of the government
Power lies with the people
Ex. people elect leaders to run government
Rule of Law- the law applies to everyone, even those in power
Ex. officials can be removed from for breaking the law

12. Constitutional Principles
Separation of Powers- division of power among government
Legislative, Executive, and Judicial Branches have a division of power
Checks and Balances- each branch of government is able to check (limit) the power of the others
No branch has all the power, they are limited by the other 2 branches

14. School House Rock 3 Ring Govt

15. Types of Powers
Enumerated/Expressed Powers- powers specifically granted to the national government
Ex. declaring war, coin money
Reserved Powers- powers not granted to the national government, and therefore reserved for the state governments
Ex. education
Concurrent Powers- powers that both the national and state governments share
Ex. taxing, court system

17. Types of Powers con’t
Implied Powers- Powers the national government (Congress) has even though the powers are not stated in the Constitution
Goes with Necessary and Proper Clause (“elastic clause”)
Ex. Regulate TV, Radio, Movies, Video Games, Internet, etc.
Founding Fathers could not foresee the future so they put this in there

18. Types of Powers cont
Supremacy Clause- any laws made by the national government are the supreme law of the land and must be followed by lower governments (like state and local)

19. Powers denied to the government
Writ of Habeas Corpus- requires police to bring a prisoner to court to explain why they are being held
Latin for “Must produce the body”
So they can not hold you in prison for a long time without telling you why- it violates your rights
Bills of Attainder- law that punishes someone without a jury trial
Government can not use this law- it violates your rights
Ex Post Facto Laws- laws that make something a crime after it was committed
Cannot punish someone for doing something if it was not illegal when they did it