US Constitution

1. US Constitution Article I Legislature Article II Executive Article III Judicial Article IV States and Federal Government Article V Amending the Constitution Article VI Supremacy of National Law Article VII Ratification of the Constitution Amendments

2. Principles of the Constitution What are the Six Principles of the Constitution? • Popular Sovereignty • Separation of Powers • Checks and Balances • Federalism • Supremacy of National Laws • Civilian Control of Government

3. Popular Sovereignty • The power to govern belongs to the people. • Preamble states: “We the people of the United States do ordain and establish this Constitution for the United States of America…” • Examples: • ·         Members of the House of Representatives are to be elected directly by the people. • ·         Each state has a republican form of government. (Article IV, section 4)

4. Separation of Powers: • Three Branches of Government • Executive, Legislative, Judicial • To prevent the concentration of power, the framers of the constitution divided the powers of the government into three separate branches.

6. Checks and Balances • In an effort to insure that no one branch could act completely without restraints the framers of the Constitution made three separate branches that could review the others. • Each Branch of Government exercises some control over the other two.

7. Federalism • National and State Powers • The concept that states and the Federal governments share authority and power. • Both have mutual and shared sovereignty • The Federal or National Government is Supreme

8. State Powers: • States have internal control. • Public Health: licensing medical personnel, inspecting food and drugs • Public Safety: regulating building codes, passing motor vehicle laws • Public Welfare: regulating utilities, prohibiting discrimination • Public Morals: restricting obscenity, regulating sales of alcohol and tobacco • Public Convenience: providing for public parks and transportation • Public Education: providing compulsory education, certifying teachers • While external relations are controlled by the National or Federal Government.

9. Federalism

10. Supremacy of National Laws • The Constitution is the Supreme Law of the Land • No State can make a law against the US Constitution • If there is a conflict between a State and the Federal Government, the Federal Government is Supreme.

11. Civilian Control of Government • The Government can not be controlled by the military. • President is Commander and Chief

12. Article I: Legislature of US • It’s the longest article of the Constitution • Law making power • Congress= Senate= 2 senators from each state • House of Representatives # of reps based on population of state • Re.

13. Article II: The Executive Branch • Outlines the powers and responsibilities of the President • Eligibility • Term of Office • Electoral College- section 1 a tie in the Electoral College is settled in the House of Representatives • Succession • Impeachment

14. Article III: Judicial Branch • Establishes Federal Courts • Supreme Court

15. Bill of Rights • Explicit listing of 10 basic Rights citizens have • 1 Amendment: Religious and Political Freedom • 2 Amendment: Right to Bear Arms • 3 Amendment: Quartering of Soldiers • 4 Amendment: Search and Seizure • 5 Amendment: Life, Liberty, and Property- self-incrimination • 6 Amendment: Rights of the Accused • 7 Amendment: Right to Trial by Jury • 8 Amendment: Bail and Punishment • 9 Amendment: All Other Rights • 10 Amendment: Rights of the State and the People

16. 10th Amendment • Powers not delegated to the United States (Federal Government) by the constitution • Or prohibited by it to the states • Are reserved to the states • Or to the people • (Meaning: rights or powers not listed are held by states or the people. Ideas is that rights or powers not mentioned in the constitution, are held by states or the people have

17. 12th Amendment (1804) • Changes the voting in the Electoral College • Before= one vote for president- • Winner is Pres--- 2nd place is Vice Pres • New changes= with 12th amendment • Electors have one vote for President and a separate vote for Vice President • Purpose-to align the administration regarding party, didn’t want split, Adams Admin.

18. Impeachment (Article 1 section 3, Article II section 4) • Impeachment means to charge with a crime • The Constitution states: • Congress has authority to impeach president or federal judges Chief Justice of Supreme Court is the Judge House of Reps debates and votes on charges 51% = impeachment Senate serves as Jury to a trial of the President 2/3 vote or 66% needed to convict.

19. Elastic clause • Article I section 8 • Congress has the power to “Make all laws which shall be necessary and proper” • Significance: • It remains as an opportunity for the constitution to include powers not explicitly stated. • Example: Hamilton’s National Bank program • Jefferson’s Louisiana Purchase

20. Writ of Habeas Corpus • Powers Denied to Congress • Article I section 9- • “The privilege of a writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” • Significance: People cannot be held unless formally charged.

21. Ex Post Facto Law • Article I section 9 clause 2 • Congress cannot pass a law then prosecute people who committed an act before the law was made.

22. Electoral College: Article II section 2 • The election of the President • The president will be elected through an electoral college • Each state has the sum of: • Number of Representatives + Number of Senators = the number of electoral votes • California= 54 electoral votes • 52 representatives + 2 senators = 54 votes

23. Judicial review