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The Constitution: A Living Document

The Constitution: A Living Document. Unit 3. Sec.1: A Plan of Gov’t. A. The Constitution: A Basic plan of gov’t detailing the structure and operation of gov’t. It contains 7,000 words and is divided into 3 parts.

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The Constitution: A Living Document

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  1. The Constitution: A Living Document Unit 3

  2. Sec.1: A Plan of Gov’t. • A. The Constitution: A Basic plan of gov’t detailing the structure and operation of gov’t. It contains 7,000 words and is divided into 3 parts.

  3. 1. The Preamble: Opening paragraph. First 3 words (We the people) indicates framers’ beliefs in democracy. Establishes 6 goals: • a. To form a more perfect Union (than confed): corrects weaknesses of Articles by giving power to tax, regulate trade, easier to make laws and amend const. • b. Establish Justice: National Judiciary, uniform laws, Nat’l Supremacy, no ex post facto laws or bills of attainder.

  4. c. Insures domestic tranquility: • d. Provides for common defense: • e. Promotes general welfare: • f. Secures blessings of liberty:

  5. 2. 7 Articles: Each article covers a general topic and is divided into sections and clauses. • a.Art1:Creates Congress (lawmaking body) • b.Art2:Creates President (enforces laws) • c.Art3:Creates Nat’l Judiciary • d.Art4:Explains relationship of states to one another and to the nat’l gov’t. • e.Art5:Spells out the ways the Const. can be amended.

  6. f.Art6:Contains supremacy clause, state that the const. of US, and US laws/treaties shall be supreme over state const. and state laws. Hierarchy (ladder) of laws to resolve conflict. • 1)US const. • 2)US laws and treaties • 3)State Constitutions • 4)State Laws • 5)Local Laws • g.Art.7: Const. takes effect after 9 states ratify. • 3)The Amendments: Formal changes (27)

  7. B. Major principles of Constitution • 1. Popular Sovereignty: Rule by the people; gov’t based on consent of governed. • a. “We the people” established const. • b. Each state guaranteed Republican Gov’t. • c. Several amendments expand suffrage. • 2. Federalism: A division of powers between fed. and state gov’t.

  8. 3. Separation of Powers: Prevent concentration to hand of few (Madison calls tyranny), Influenced by Montesquieu: 3 parts • a. Legislative Branch (art1): law making branch headed by a bicameral congress, most representative branch (many:democratic) • b. Executive Branch (art2): enforces laws, headed by President (one:autocratic) • c. Judicial Brach (art3): interprets laws, headed by a S.C. of 9 (few:oligarchic)

  9. d. 3 Branches differ in their: • 1.Functions: Source of authority is Const., not each other. • 2.Constituency: Ppl. They represent: • a.House: Congressional District (Local) • b.Senate: State Interests • c.President: National Interests • d.Judges: Individual Interests

  10. 3. Length of terms: Staggered for continuity and change: • a.House of Reps: 2 yrs, no term limits • b.Senate: 6 yrs, 1/3 every 2 yrs, no limits • c.Pres: 4 yrs, Max 2 terms, 10 yrs=22nd amd. • d.Judges: Life • e. 3 Branches share responsibility of running gov’t. • f. Compare pres. Vs. parl. System (pros/cons)

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