Formation of Government

1. Formation of Government What is A Constitution TEKS Objective 7A

2. A written constitution defines purpose, powers, rights, and responsibilities of citizens, and describes the operation systems of government.

3. Purposes of a Constitution Establishes ideals that people bound by the Constitution believe in and share Establishes the structure of government defining it’s powers and duties Provides the supreme law for the country

4. Preamble Sets forth the goals and purposes to be served by the government “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”

5. Framework of the Constitution Describes the relationship between the national government and the state governments Describes the procedures for amending or changing the Constitution It is divided into 7 articles, 21 sections, and many, many clauses It is built on the principal of limited government, that is, constitutional government establishing higher or fundamental law that must be obeyed by everyone, including those in power It draws its authority from those who create it

6. Preamble & Articles Preamble: states the goals of government Article I: Legislative Branch (House of Representatives and the Senate) Article II: Executive Branch Article III: Judicial Branch Article IV: Actions Among States Article V: The Amendment Process Article VI: Supremacy Clause Article VII: Ratification We will discuss the specifics of Articles 1-3 in different Chapters

7. Article IV • Explains the relationship between the states and the between the states and the national government • Requires every state to give citizens of this country the same rights as their own citizens • Prior to the Constitution, documents (like a marriage certificate, or more currently a driver’s license) might not be valid in a different state unless the states had a treaty with one another. So without this Article, you could have a Texas driver’s license and not be allowed to drive in Oklahoma or Louisiana, or anywhere else. • It also guarantees that the national government will protect the states from foreign invasion (i.e. the Mexican-American War)

8. Article V Discusses the processes for Amending the Constitution 2/3 of Congress proposes and ¾ of the states approve Second method is for a national convention to be called and ¾ of the states approve (never passed an Amendment this way)

9. Article VI • The US incurs all debts of the states from before the Const. • US Const is the supreme law (Supremacy Clause) • Any law passed by a state, that contradicts the federal law will be voided • Oaths of office – no religious test

10. Article VII Ratification – required only 9 of the 13 states Same number required to pass a law under the AoCbut all 13 were required to amend the AoC Was signed by 39 of the 55 delegates Was finished in September 1787 Went into effect in June 1788

11. Principles of Government There are 7 principles of Government found in the US Constitution Popular Sovereignty Federalism Separation of Powers Checks and Balances Limited Government Republicanism Individual Rights Your book lists Judicial Review, but that is not found in the Constitution, it is added with the Supreme Court case Marbury v. Madison