Download Government 3.1 Notes

THE CONSTITUTION
Structure and Principles
 Identify the basic structure of the US Constitution.
 List and explain the six major principles of the US
Constitution.
 The Constitution was signed on September 17, 1787.
 The US Constitution is divided into three parts: the
Preamble, seven divisions called articles, and the
amendments.
 The Preamble explains why the Constitution was written
and the purpose of the government.
 Article I establishes the legislative branch.
 Section I creates Congress.
 Section 2 and 3 set forth details about the two houses of
Congress: the House of Representatives and the Senate.
 Article II creates an executive branch to carry out the
laws created by Congress.
 Its sections outline the detail of presidential powers, describe
required presidential qualifications, and provide for a VP.
 Article III creates a judicial branch.
 Section I establishes a Supreme Court to head the judicial
branch.
 Section II outlines the jurisdiction, or authority, of the SC
and other federal courts.
 Section III defines treason.
 Article IV explains the relationship of the states to one
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another and to the national government.
Article V spells out the ways the Constitution can be
amended.
Article VI contains the supremacy clause, establishing
that the Constitution, laws passed by Congress, and
treaties of the US shall be the supreme law of the land.
Article VII addresses ratification and declares that the
Constitution would take effect after it was ratified by
nine states.
The Amendments are the changes made to the
Constitution.
Foundations of personal liberties.
 The Constitution rests on six major principles of
government:
 Popular sovereignty- rule by the people.
 Federalism- Power that is divided between national and
state governments.
 Separation of powers- Limits the central government by
dividing power among the legislative, executive, and
judicial branches.
 Checks and balances- Each branch of government
exercises some control over the others.
 EG- The Pres can check Congress by vetoing its legislation.
Know some examples.
 Judicial review- The power of the courts to say that laws
and actions of local, state, or national governments are
invalid when they conflict with the Constitution.
 Marbury v. Madison- Established judicial review.
 Limited government- Lists the powers the government is
allowed and the powers that are prohibited to it.
 No government is all powerful. A government may do only
those things that the people have given it the power to do.
 Constitutionalism- The government must be conducted
according to constitutional principles.
 Rule of law- The government and its officers are always
subject to- and never above- the law.
 The First Amendment: “Congress shall make no law…”
 Six major principles.
 “The accumulation of all powers, legislative, executive,
and judiciary, in the same hands, whether of one, a few
or many, may justly be pronounced the very definition
of tyranny.” (Ben Franklin, The Federalist No. 47)