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The Constitution The Constitution The Preamble Article I Article II Article III Article IV Article V Article VI Article VII Amendments Purposes of Government Legislative Branch Executive Branch Judicial Branch The Relations Between States Amending the Constitution Supremacy and Oaths Ratification Bill of Rights; practical changes; extension of suffrage The Six Basic Principles The Constitution is only about 7000 words One of its strengths is that it does not go into great detail. It is based on six principles that are embodied throughout the document. Popular Sovereignty People are the only source of governmental power Government governs with the consent of the people “We the People…” - the Constitution and the government were created by the people, who gave it its powers Limited Government Government is not all powerful - it can only do those things the people have given it the power to do Constitutionalism Rule of law Government and its officers are subject to not above - the law Constitution spells out what government cannot do as well as what it can do Separation of Powers Power of government divided between three distinct and independent branches – Legislative - Art. I – Executive - Art. II – Judicial - Art. III Framers felt the division would limit the power Too much power in one place would be dangerous Checks and Balances Each branch of government subject to restraint by the other branches Executive carries out laws Congress makes laws Judicial interprets laws Judicial Review The power to decide questions of constitutionality Held by all federal courts Established in Marbury V. Madison Federalism Revolution fought to manage local affairs without interference Central government under the Articles of Confederation was too weak Division of powers between National Government and the States Built a more effective central government while preserving the existing States and the concept of local government Amending the Constitution Constitution has been in effect for more than 200 years – written to govern an agrarian nation of less than four million. – Now governs an industrialized nation of more than 270 million. – Key to success is the ability to change Formal Amendment Process Spelled out in Article V Proposed by Ratified by Congress by a 2/3 vote in both houses State legislatures in 3/4 of States or or National Convention called by Congress when requested by 2/3 of State legislatures Conventions held in 3/4 of the States Formal Amendment Process Proposal takes place at the national level and ratification takes place at the State level Amendments cannot “without the State’s consent “ change representation in the Senate. More than 10,000 resolutions have called for amendments - 33 have been sent to the States - 27 have been ratified. Informal Amendment Court Decisions – declaring certain acts – passage of laws constitutional or the reverse – court system, inter– Marbury v. Madison state commerce, etc. Party Practices Executive Action – nomination of president; – presidential order the daily business of Congress or agreement Custom – use of troops – third term for without a presidents; Vicedeclaration of war Presidential succession Basic legislation The Bill of Rights These ten amendments originally applied only to the federal government – now apply to state governments also. The First Amendment protects individuals’ right to worship, to speak freely, to assemble, and to petition and criticize government. The Second Amendment ensures citizens’ right to own firearms. The Bill of Rights The Third Amendment prohibits the government from forcing people to provide shelter for soldiers in their homes. The Fourth Amendment protects individuals from unlawful searches and arrests without court warrants. The Bill of Rights The Fifth Amendment protects people charged with a crime: a grand jury must indict them before trial; no one found innocent can be retried for the same crime; people cannot be forced to testify against themselves; and no one can be deprived of life, liberty, or property without due process of law. The Bill of Rights The Sixth Amendment guarantees accused persons the right to know the charges against them, a defense attorney, a speedy jury trial, and the right to question all witnesses and compel them to testify. The Bill of Rights The Seventh Amendment provides individuals the right to a trial by jury to settle property disputes, though a judge may try the case if both parties agree. The Eighth Amendment prohibits excessive bail and fines and bars cruel and unusual punishment for crimes. The Bill of Rights The Ninth Amendment states that all powers not spelled out in the Constitution are retained by the people. The Tenth Amendment says that all powers not given to the national government or denied to the states belong to the states or the people. The Amendments Federalism Problem of the Framers How to design a strong national government with the power to meet the nation’s needs and to preserve the existing States at the same time? – Any government power is a threat to individual liberty – Use of power must be limited – To divide power is to limit it Provides strong union to handle matters of wider concern The Solution - Federalism 2 governments over the same people at the same time State Government State Government State Government State Government State Government Central Government State Government Dual system of government State Government State Government State Government State Government Allows local action & choice Division of Powers Set out in the Constitution Types of powers – Delegated powers • Expressed • Implied • Inherent Powers based on who holds them – Exclusive – Concurrent – Denied • Expressed • Implied – Reserved National Government Expressed Powers Stated in the Constitution Article I Section 8 Clause 1-18 – 27 powers given to Congress • lay and collect taxes, coin money, regulate foreign and interstate trade, declare war, etc. Article II Sections 2 and 3 – Powers given to the President Article III – Powers given to the Courts Amendments Implied Powers Not stated, but are reasonably implied by the powers that are stated Article I Section 8 Clause 18 – elastic clause – The “Necessary and Proper” Clause has come to mean expedient and convenient – Regulate interstate commerce Inherent Powers Belong to National Government because it is a national government really not that many Regulate immigration, acquire territory, give diplomatic recognition, protect nation from rebellion or internal subversion Denied Powers Expressly Denied – most in Article I Section 9 and Amendments 18 – Can’t levy duties on exports, can’t deny freedom of speech, press, assembly, etc. Denied by Silence – National government can’t have these powers because the Constitution doesn’t give them these powers. – Create public school system, enact a uniform marriage law, set up local governments, etc. States Reserved Powers 10th amendment – Those powers not delegated to the National Government are reserved to the States • Can regulate marriages, liquor, licenses, set up public schools, regulate divorces, etc. Denied Powers Expressed – Article I Section 10 – Can’t enter into treaties, alliances, or confederations, can’t print money, or deny due process Implied – can’t do anything to jeopardize the federal system like tax the federal government Levels of Power Exclusive powers – held only by the National Government – coin money, make treaties, lay duties Concurrent powers – held by both State and National Government – lay and collect taxes, define crimes, set punishments, take private property for public use Supreme Law of the Land Article VI Section 2 – Supremacy clause - Constitution is supreme in all cases Constitution – Laws of Congress and treaties • State constitutions – State laws • local ordinances Role of the Supreme Court Umpire of the Federal system McCulloch v. Maryland John Marshall – Key role in preserving federal system National Government’s Obligation to the States Article IV Section 4 Guarantee republican form of government Protection from invasion or domestic violence Respect for territorial integrity Admitting New States Article IV Section 3 Only Congress can admit Procedure – Area petitions Congress – Congress passes enabling act directs writing constitution – Constitution prepared and approved by voters in territory – Act of Admission Conditions may be placed on admission but once in on equal footing Federal Cooperation National to State – – – – Grants-in-aid Block Grants Revenue sharing Other • FBI • Disaster relief State to National – Elections – Naturalization – Police cooperation Cooperation Among States Article IV Section 1 and 2 Interstate Compacts Full Faith and Credit Extradition Privileges and Immunities