Download Chapter 4 Section 1: A Constitutional Government

United States
Government and Citizenship
Chapter 4: American Government
Section 1: A Constitutional
Government
By Dallin F. Hardy

“The Constitution on which
our Union rests shall be
administered by me
according to the safe and
honest meaning
contemplated by the plain
understanding of the people
of the United States at the
time of its adoption—a
meaning to be found in the
explanations of those who
advocated, not those who
opposed it…. These
explanations are preserved
in the publications of the
time.”
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Thomas Jefferson
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Constitutional Republic
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A state where officials are
elected as representatives of
the people, and must govern
according to existing
constitutional law that limits
the government's power over
citizens
Established
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A limited government
People are the source of
governmental power
United States of America
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United States Constitution
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Oldest written constitution
still in operation in the world
Became a model for other
countries
Restricts and limits the
exercise of government of
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Federal government
State government
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A Written Constitution
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A contract between
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Government
People
“Government of laws and
not of men.”
Simple & concise
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“Our peculiar security is
in the possession of a
written Constitution.”
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Thomas Jefferson
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“The Founders said what
they meant and meant
what they said.”
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Constitution: Outline of
Government
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Branches of power
Offices
Qualifications
Tenure
Power
Duties
Jurisdictions
Restrictions
Limitations
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“No legislative act,
therefore, contrary to
the Constitution, can be
valid…”
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Alexander Hamilton
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“…To deny this would be to
affirm that the deputy is greater
than his principal; that the
servant is above his master, the
representatives of the people
are superior to the people
themselves, that men acting by
virtue of powers may do not
only what their powers do not
authorize, but what they
forbid.”
 Alexander Hamilton
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“It is impossible for a
man of pious reflection
not to perceive in it a
finger of that Almighty
hand which has been so
frequently and signally
extended to our relief in
the critical stages of the
revolution.”
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James Madison
Overview of the Constitution
Articles 1-7
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Preamble
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Gouveneur Morris
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Established
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Wrote the Constitution
Preamble
Goals
Purposes
“We the People…”
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Responsible for the
preservation of the

Constitution
Preamble
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“We the People of the United
States, in Order to form a
more perfect Union, establish
Justice, insure domestic
Tranquility, provide for the
common defence, 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.”

United States Constitution
Preamble

“We the People of the United
States, (1)in Order to form a
more perfect Union,
(2)establish Justice, (3)insure
domestic Tranquility, (4)provide
for the common defence,
(5)promote the general
Welfare, and (6)secure the
Blessings of Liberty to ourselves
and our Posterity, do ordain
and establish this Constitution
for the United States of
America.”
 United States Constitution
Article I: Powers of Congress
Article 1 Section 1
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“All legislative Powers
herein granted shall be
vested in a Congress of
the United States…”
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Constitution pg. 1
Legislate
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To make laws
Executive and Judicial
branches
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Cannot make law
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Congress
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Bicameral
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House of Representatives
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Lower House
435 Members
Senate
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Upper House
100 Members
Article 1 Section 2
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House of Representatives
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Elected every
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2 Years
Direct election
Must be 25
7 years citizen
Must be from the
represented state
Proportional to population
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“The number of
Representatives shall not
exceed one for every
thirty Thousand…”
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United States Constitution
pg. 2
House of Representatives
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Should have
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10,333 members
For 310,000,000 Americans
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Senate
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Elected
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Every 6 Years
By the State legislatures
Must be 30
9 Years citizen
Must be from the
represented state
2 Senators for each state
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State representation in
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Washington D.C.
President of the Senate
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Vice-President
Article 1 Section 5
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Congressional Record
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Article 1 Section 5
“Each House shall keep a
Journal of its Proceedings,
and from time to time
publish the same…”
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United States Constitution
pg. 4
Article 1 Section 7
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Bills of Revenue
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Article 1 Section 7
“All Bills for raising
Revenue shall originate in
the House of
Representatives…”
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United States Constitution
pg. 5
House of Representatives
controls the purse strings
of government
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How to Make A Law
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A Law
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Must pass both houses of
Congress by a majority vote
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House of Representatives
Senate
President can
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Sign or veto
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Constitutional Law
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Legislative
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Executive
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Makes law
Puts them into operation
Judicial
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Individual cases
Article 1 Section 8
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Enumerated Powers
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Article 1 Section 8
United States Constitution
pgs. 6-7
“Congress shall have
power to…”
18 points
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1. “To lay and collect
Taxes, Duties, Imposts
and Excises, to pay the
Debts and provide for
the common Defence
and general Welfare of
the United States; but all
Duties, Imposts and
Excises shall be uniform
throughout the United
States.”
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2. “ To borrow Money on
the credit of the United
States…”
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3. “To regulate
Commerce with foreign
Nations, and among the
several States…”
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4. “To establish an
uniform Rule of
Naturalization, and
uniform Laws on the
subject of Bankruptcies
throughout the United
States…”
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5. “To coin Money,
regulate the Value
thereof, and of foreign
coin, and fix the
Standard of Weights and
Measures…”
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6. “To provide for the
Punishment of
counterfeiting the
Securities and current
Coin of the United
States…”
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7. “To establish Post
Offices and post Roads.”
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8. “To promote the
Progress of Science and
useful Arts, by securing
for limited Times to
Authors and Inventors
the exclusive Right to
their respective Writings
and Discoveries.”
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28 Years of copyright
protection
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9. “To constitute
Tribunals inferior to the
supreme court…”
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10. “To define and
punish Piracies and
Felonies committed on
the high Seas, and
Offenses against the Law
of Nations…”
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11. “To declare War,
grant Letters of Marque
and Reprisal, and make
Rules concerning
Captures on Land and
Water…”
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12. “To raise and
support Armies, but no
Appropriation of Money
to that Use shall be for a
longer Term than two
Years…”
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13. “To provide and
maintain a Navy…”
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14. “To make Rules for
the Government and
Regulation of the land
and naval Forces…”
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15. “To provide for
calling forth the Militia to
execute the Laws of the
Union, suppress
Insurrections and repel
Invasions…”
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16. “To provide for
organizing, arming, and
disciplining the Militia, and
for governing such Part of
them as may be employed in
the Service of the United
States, reserving to the
States respectively, the
Appointment of the Officers,
and the Authority of training
the Militia according to the
discipline prescribed by
Congress…”
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17. “To exercise exclusive
Legislation in all Cases whatsoever,
over such District (not exceeding
ten Miles square) as may, by
Cession of particular States, and
the acceptance of Congress,
become the Seat of the
Government of the United States,
and to exercise like Authority over
all Places purchased by the
Consent of the Legislature of the
State in which the Same shall be,
for the Erection of Forts,
Magazines, Arsenals, dock-Yards,
and other needful Buildings; And”
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18. “To make all Laws
which shall be necessary
and proper for carrying
into Execution the
foregoing Powers, and
all other Powers
vested by this
Constitution in the
Government of the
United States, or in any
Department or Officer
thereof.”
Article 1 Section 9
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“The privilege of the Writ
of Habeas Corpus shall
not be suspended,
unless when in Cases of
Rebellion or Invasion the
public Safety may
require it.”
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“No Bill of Attainder or
ex post facto Law shall
be passed.”
Article 1 Section 10
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Prohibitions on States
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“No State shall enter into any
Treaty, Alliance, or
Confederation; grant Letters
of Marque and Reprisal; coin
Money; emit Bills of Credit;
make any Thing but gold and
silver Coin a Tender in
Payment of Debts; pass any
Bill of Attainder, ex post facto
Law, or Law impairing the
Obligation of Contracts, or
grant any Title of Nobility.”
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“…but gold and silver
Coin a Tender in
Payment of Debts…”
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“Gold and silver are fairly
stable commodities that
allow of no sudden
increase or diminution,
and in consequence a
specie currency does not
readily lend itself to
speculative juggling. But
a paper system has no
natural limitations.”

Thomas Jefferson
Article II: The Powers of the
President
Article II Section 1
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President of the United
States
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4 year terms
Vice-President
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4 year terms
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Electing the President
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Electoral College
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Made up of electors from
each state
Equal to the states number
of
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Senators
Members of the House of
Representatives
Kept the office of the
President in check
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People not allowed to
elect the President
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Electors
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Appointed by
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State legislatures
Voted without regard to
outside influence
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Electoral Votes
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Not cast for a specific
position
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Highest number of votes
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President
Second highest
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President/Vice-President
Vice-President
Ties
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Go to the House of
Representatives
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President
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Elected every
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4 Years
Electoral college
Must be 35
14 Years a resident
Natural born citizen
Vice-President
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Same qualifications
Becomes President upon
the death of the current
President
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Constitutional Oath
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Given by
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President
Congress
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“I do solemnly swear (or
affirm) that I will
faithfully execute the
Office of President of the
United States, and will,
to the best of my Ability,
preserve, protect, and
defend the Constitution
of the United States.”
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Presidential Oath
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“I do solemnly swear (or affirm)
that I will support and defend the
Constitution of the United States
against all enemies, foreign and
domestic; that I will bear true
faith and allegiance to the same;
that I take this obligation freely,
without any mental reservation
or purpose of evasion; and that I
will well and faithfully discharge
the duties of the office on which
I am about to enter: So help me
God.”
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Congressional Oath
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Oath Breaking
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Perjury
Treachery
Article II Section 2
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Commander In Chief
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Over
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Armed forces
Militia
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Treaties
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Made by the President
Confirmed by
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2/3rds of the Senate
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Presidential Appointments
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Confirmed by the
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Senate
Ambassadors
Supreme Court Judges
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Office of the President
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Figurehead
Has become
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Elected Monarch
Article II Section 3
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State of the Union
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At the beginning of each
session of Congress
Recommend legislation
Can call in a special
session of Congress
Can close Congress for a
specified time if there is
a disagreement in
Congress on the date of
adjournment
Article II Section 4
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Impeachment
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For
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Treason
Bribery
High Crimes and
Misdemeanors
Article III: The Powers of the
Supreme Court
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Federal Judges
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Appointed by the
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Confirmed by the
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President
Senate
Serve for life
Oversee Constitutionally
based cases
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Original Intent
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Decisions to affect
individual case
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Congressional Direction
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Congress can limit
jurisdiction of the
Supreme Court
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Judicial Impeachment
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Judges
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Can be removed
Article IV: The States
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How to Make New States
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Federal territories
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Run by the Federal
government
Applied for statehood
States
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Not run by the Federal
government
Sovereign entities
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“Republican Form of
Government”
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Article 4 Section 4
United States Constitution
pg. 15
Established the form of
government for each state
States cannot be
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Democratic
Totalitarian
Dictatorial
Tyrannical
Article V: Amending the
Constitution
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Amendment Process
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The only way to change
the Constitution
Federal government
cannot ignore parts that it
does not like
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Declaration of war
Coining gold and silver
10th Amendment
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“If in the opinion of the
people…the
constitutional powers be
in any particular wrong,
let it be corrected by an
amendment in the way
which the Constitution
designates.”
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“But let there be no
change by usurpation;
for though this in one
instance may be the
instrument of good, it is
the customary weapon
by which free
governments are
destroyed.”
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Farewell Address by
George Washington
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Con-con
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Another Constitutional
Convention
Article 5
2/3rds of the states
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34 States
32 states have approved
con-con resolutions
10 have rescinded
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“…no State, without its
Consent, shall be
deprived of it’s equal
Suffrage in the Senate.”
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Article V
Nullifies the
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17th Amendment
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Threat to State’s rights
Direct election of the
Senators
Ratified by 36 of 48 states
Opposed by
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Utah
Article VI: The Constitution
Standing Tall

We Pay Our Debts
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Represents
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
Responsibility
Integrity

“Supreme Law of the
Land”


United States Constitution
Supremacy Clause

No Religious Tests

“…but no religious test
shall ever be required as a
qualification to any office
or public trust under the
United States.”

United States Constitution
pg. 16
Article VII: How to Ratify the
Constitution

Ratification
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9 of the 13 states
Each state voted on the
Constitution
States created the

Federal government

Only has delegated
sovereignty

“Done in Convention by
the Unanimous Consent
of the States present the
Seventeenth Day of
September in the Year of
our Lord…

United States Constitution
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Pg. 16