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The Constitution of the United States of America Why Does the Constitution Matter? Constitution – body of fundamental laws which say how a government is to operate It is the supreme law of the land It explains how the government works It protects your civil rights A Brief Outline The Preamble – lays out the purpose and introduces the Constitution The Articles – the substance of governmental law The Amendments Uncle Sam needs you to study harder! The Seven Articles I. The Legislative Branch II. The Executive Branch III. The Judicial Branch IV. Relations Among States V. The Amendment Process VI. National Debts, National Supremacy, Oaths of Office VII. Requirements for Ratification The Six Basic Principles of the Constitution 1. Popular Sovereignty – supreme power rests with and only with the people Some parts of the Constitution mitigate popular sovereignty Electoral College chooses the president, not popular vote State Legislatures chose the Senate, not popular vote Later changed to direct popular election by 17th Amendment The Six Basic Principles of the Constitution 2. Limited Government Also called constitutionalism, and rule of law Government is not all-powerful Powers government has and doesn’t have are listed The Six Basic Principles of the Constitution 3. Separation of Powers U.S. uses a presidential government, where the executive and legislative branches are chosen separately Each branch has its own powers and responsibilities The Six Basic Principles of the Constitution 4. Checks and Balances Each branch is not totally independent of the others The Six Basic Principles of the Constitution 4. Checks and Balances They have powers to override each other when necessary The Six Basic Principles of the Constitution 5. Judicial Review Courts may determine whether or not what the President or Congress does is Constitutional The Six Basic Principles of the Constitution 5. Judicial Review If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden The Six Basic Principles of the Constitution 6. Federalism The national government is given certain powers by the Constitution Whatever is left is a power for the states to use Key Parts of Article I Section 8 List of all expressed powers Congress has Also includes the “necessary and proper” clause Gives Congress additional “implied powers” Section 9 Prohibits certain actions Congress may take No ex post facto laws – punishment for doing something before it was illegal No suspension of habeas corpus – the right to challenge one’s own detention in court Key Parts of Article II – Executive Branch Section 2 President can appoint people to many positions Must have “advice and consent” of the Senate Senate takes a majority vote to confirm appointments Section 4 Can only be removed by impeachment for “high crimes and misdemeanors” Key Parts of Article III – Judicial Branch Supreme Court is the highest court in the land It determines if things are constitutional and if federal laws need to be made Supreme Court has 9 judges that are appointed by the President and confirmed by the Senate – They serve for life or until retirement Article V - Formal Amendment Process Step 1 – Must Be Proposed (happens at the national level) Step 2 – Must Be Ratified (happens at the state level) This is a reflection of federalism 2 Ways to Propose an Amendment 1. 2/3 vote in both houses of Congress All 27 Amendments were proposed this way 2. Constitutional Convention requested by 2/3 of the states Has not ever been used 2 Ways to Ratify an Amendment 1. 3/4 of state legislatures approve it 26 of the 27 Amendments were ratified this way 2. 3/4 of conventions called by the states approve it Only the 21st Amendment was ratified this way Article I: Legislative Branch Qualifications • Bicameral: – Senate 2 Senators for each state Senators serve for 6 year terms – House of Representatives • Based on population • Reps serve for 2 year terms • Important Powers: – Make laws – Set taxes – Declare war – Override Vetoes – Borrow money – Regulate internationaland national trade – Print money Article II: Executive Branch Qualifications President and Vice President are elected to 4 year terms Qualifications: At least 35 years old 14 year resident of the US Natural born citizen Elected by the Electoral College Important powers: – Commander-in-Chief – Grant pardons – Make treaties – Appoint federal officers – Ensure laws are executed Article III: Judicial Branch Rules Supreme Court judges serve for life unless impeached. Judicial power rests with US Supreme Court and other courts created by Congress Important Powers Decides cases of Constitutional law and federal law – Cases involving ambassadors go straight to Supreme Court – Judicial Review comes later (1803 – Marbury v. Madison) The First Ten Amendments… The Bill of Rights These are awesome! And you get to memorize them! The 1st Amendment Freedom of Religion Establishment Clause – government cannot establish a religion Free Exercise Clause – government cannot prohibit you from practicing religion Freedom of Speech Freedom of the Press Right to Assembly Right to Petition The 2nd Amendment The Right to Bear Arms Not the Right to Bare Arms The 3rd Amendment No Quartering of Soldiers in Times of Peace The 4th Amendment Protection Against Unreasonable Search and Seizure The 5th Amendment No Double Jeopardy (Can’t be charged with the same crime twice) Protection against selfincrimination Guarantee of Due Process of Law The 6th Amendment Right to a Criminal Trial by Jury Trial must be speedy, public Must be in the state where the crime was committed Right to legal counsel Right to call witnesses favorable to the defendant The 7th Amendment Right to a Civil Trial by Jury Civil – not criminal, typically a lawsuit for money or to repeal a government action The 8th Amendment Protection Against Cruel and Unusual Punishment The 9th Amendment Rights Retained by the People In other words, just because a right isn’t listed here in the Constitution doesn’t mean that people don’t have that right Truth from your teacher – yes, it does. The 10th Amendment Powers Reserved for the States All powers that are not given to the national government are reserved for the states Other Important Amendments Other Important Amendments: Reconstruction Amendments • 13th Amendment – abolished slavery • 14th Amendment – Due process and equal protection under the law, All persons born in US are citizens • 15th Amendment – Right to vote regardless of race, color, or previous servitude Other Important Amendments 18th Amendment – Prohibition of alcohol • 19th Amendment: – Women’s suffrage • 21st Amendment: – Repeals prohibition • 22nd Amendment: – Presidential term limits • 24th Amendment: – Prohibits poll taxes for voting • 26th Amendment: – lowers voting age to 18