United States Constitution

1. United States Constitution

2. Necessary and Proper Clause= Article 1 says Congress has the power to pass any law that is “Necessary and Proper” to carry out its duties. • Treason= Article 3. Bringing war against the government, giving aid or helping enemies. • Full Faith and Credit Clause= Article 4. requires that each state to cooperate with each states laws. KEY TERMS from the Articles

3. Extradition= Article 4. Surrendering a criminal to another authority • Supremacy Clause= Article 6. Constitution is the Supreme law of the land. • Ratification= Article 7. The process by which an amendment/document is approved. Key Terms from the Articles

4. Belief that a governments powers should be limited • Rule of law- says that the law applies to everyone, even those who govern. • Comes from the Magna Carta • Protects against abusive government • Majority rule is not always acceptable • Prevents abuse by factions = a small organized group with in a larger one. • Constitution listed powers not given to the government and rights that are to be guaranteed. Limited Government

5. System designed to have the separate parts of government so they can watch over each other. • Examples: • President can veto laws proposed by Congress and name federal judges. • Congress can block presidential appointment and remove President from office (IMPEACHMENT) • Supreme Court can overturn laws and executive policies if they go against the Constitution. • Executive Branch = Enforcer of laws • Legislative Branch = Makes laws • Judicial Branch = Explains laws Checks and Balances

6. Philosophy that the best government is one where the functions of governing are divided. • In order to keep the individual parts from becoming abusive • Baron de Montesquieu!!! Separation of Power

7. =The right of the people to rule themselves, power lies with the people. • Direct Democracy • History of town meetings to practice self government • Mayflower Compact • Representative Democracy • Carried out through elections • Elected representative rule on our behalf • House of Burgesses Popular Sovereignty

8. Federalism • Power is shared by different levels of government (federal, state, local) • Gives greater control to the governments closest to the citizen • Local • State • National Federalism

9. 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

10. An Introduction • States the purpose and the goals of gov’t • “We the people of the United States of America in order to form a more perfect union establish justice, ensure 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 the Constitution for the United States of America.” Preamble

11. Describes the Legislative Branch and it’s powers. • Divides Congress into 2 houses • Sets qualifications and terms of members • Senate (30, US Citizen for 9 years and live in the state you rep.) 6yr Term • HoR (25,US Citizen for 7 years and live in the stat you rep.) 2yr term • Describes the law making process (& Makes the laws) • Specifically denies certain powers to Congress • Habeas Corpus, Ex Post Facto, Bills of Attainder Article 1

12. Delegates certain powers to Congress • Collect taxes • Borrow $ and pay debts • Make rules for how to become a citizen • Regulate commerce (trade) • Coin $--punish counterfeiters • Establish post office • Patents • Create lower federal courts • Punish pirates • Declare war, Support an army and navy • do anything “Necessary and proper” • Congress may do things that are not in the Constitution to help protect us or that will help us run more efficiently What congress CAN do.

13. Describes the Executive Branch (President and Vice President) • Term and Qualifications • Native Born, at least 35, US resident for at least 14 years • Describes the Electoral College: How we vote. • Commander in chief of the armed forces • Make treaties, appoint officials upon Senate approval • Enforce (Execute) the laws of the United States • Sets up Impeachment(being formally charged with a crime) process Article 2

14. Describes the Judicial Branch • Term and qualifications of judges • Jurisdiction of Federal Courts • Supreme Courts and lower federal courts • Right to trial by jury in Federal Court • Explains and interprets laws • Crime of treason is defined. • Aid and comfort enemy force • Threaten our government • Serve in an enemy’s armed forces Article 3

15. Describes the relationship of states to one another and the central government • Full Faith and Credit Clause describes the legal relationship between states. • Each state will comply with each states laws • Extradition process described • Addition of new states and territories • Guarantee of Federal protection from invaders Article 4

16. Describes the amendment process • Step 1: PROPOSE • 2/3rds of Congress ask…or… • 2/3rds of State legislatures call for a Constitutional Convention (So far NONE have been done this way) • Step 2: RATIFY • 3/4ths of State legislatures accept…or… • 3/4ths of State legislatures hold special state conventions and accept (Only done ONCE on the 21st amendment) Article 5

17. Describes the supremacy of the Constitution and the national government • Federalism is the idea behind this Article • Statement that the Constitution is the Supreme law of the land (Supremacy Clause) • Requirement of an oath of office in all State and Federal positions to support the Constitution Article 6

18. Describes the process of ratification of the Constitution • Set up the approval method for the Constitution • Goes into effect when the 9th state approves it (1789) • Delaware was 1st and New Hampshire was 9th • North Carolina was 12th…right after Washington was inaugurated! • The Constitution was only added after it was agreed to include a Bill of Rights (1791)---(English Bill of Rights!!) Article 7