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Chapter 11 Notes U.S. History 11-1: Basic Principles • In the U.S. the people are sovereign • Preamble states “We the people…” Preamble to the Constitution • We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America Preamble • The Preamble lists reasons for establishing a government: – Form a more perfect Union – Establish justice – Insure domestic tranquility – Provide for the common defense – Promote the general welfare – Secure the blessings of liberty Parts of the Constitution • Preamble • Articles – – – – – – – Article I: The Legislative Branch Article II: The Executive Branch Article III: The Judicial Branch Article IV: The States and the Nation Article V: Amending the Constitution Article VI: The Supreme Law of the Land Article VII: Ratification • Signatures • Amendments – Bill of Rights (Amendments 1-10) – Amendments 11-27 A Democracy and a Republic • The U.S. is a democracy and a republic • Democracy: Government in which the people rule • Republic: Government in which the people rule through representatives • Representative Democracy: Leaders are elected by the people to run day-to-day business of the government Limited Government • • • • • Limited power of the national government Cannot suspend right of habeas corpus Cannot pass bills of attainder Cannot pass ex post facto laws Cannot interfere with freedom of speech or of the press A Federalism: The Division of Powers • Federal System: power divided between states and national government • Also called federalism • States take care of local matters • National government takes care of matters that affect the whole nation Powers of the Federal Government • Delegated powers: powers given to the national government in the Constitution • Expressed powers: stated specifically • Implied powers: needed to carry out its duties, but are not written down Powers of the States • Reserved powers: powers that only the states have; protected by the 10th Amendment • Shared powers: powers that the states share with the national government • Denied powers: powers the states do not have The Supremacy of the Constitution • Article VI states that the Constitution is the supreme law of the nation • No state can pass a law that conflicts with the Constitution or with any treaty or law passed under the authority of the Constitution 11-2: How the National Government Works • Power divided between three branches of government – Legislative – Executive – Judicial Legislative Branch: Congress • Powers described in Article I, Section I • Duty: make laws for the nation • Bicameral – two houses Senate • • • • Upper house 2 Senators per state Serve 6 year terms Qualifications – At least 30 years old – Citizen for at least 9 years – Resident of the state in which he/she is running for office House of Representatives • • • • Lower House Proportional representation Serve 2 year terms Qualifications – At least 25 years old – Citizen for at least 7 years – Resident of the state in which he/she is running for office Powers of Congress Senate • Senate can act as court in impeachment trials • Senate has power to advise and consent to all presidential appointments and treaties House • House can impeach the President and other officials • Revenue bills must start in the House Powers of Congress • Choose President and Vice President if no candidate receives a majority • Necessary and Proper Clause – Congress can pass laws necessary and proper to fulfill its responsibilities – Also called the “Elastic Clause” How a Bill Becomes a Law Executive Branch: President • • • • • Sees that laws are executed or put into effect Duties described in Article II, Section 1 Elected to a 4 year term Two term limit established in 1951 Qualifications – At least 35 years old – Resident of US for 14 years – Natural born citizen May Roles • • • • • • Chief Executive Chief of State Chief Diplomat Commander in Chief Chief Legislator Head of Political Party Electing the President • Electoral College