The Constitution

1. The Constitution SSCG3 Students will demonstrate knowledge of the U.S. Constitution

2. Preamble 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.

3. ARTICLES of the United States Constitution

4. Article OneLegislative Branch • Creates a bicameral, Congress • Includes a Senate and a House of Representatives.

5. Article TwoExecutive Branch • President and Vice-President • Chosen by Electoral College • Explains impeachment

6. Article ThreeJudicial Branch • Establishes Supreme Court (Congress sets up all others) • Requires trial by jury for all criminal cases, and defines the crime of treason.

7. Article FourState Relations • Defines how the states must work together • Full faith and credit • Extradition • Privileges & Immunities

8. ArticleFiveAmending the Constitution • Two step process • Proposal • Ratification (approval)

9. Changing the Constitution Changed 27 times by the rules • Step 1: Proposal • 2/3 of Congress • 2/3 of Constitutional Convention • Step 2: Ratification • 3/4 of state legislatures • 3/4 of state conventions

11. ArticleSixSupremacy Clause • Establishes the Constitution as the supreme law of the land. • Requires that all legislators, federal officers and judges take oaths to uphold the Constitution.

12. ArticleSevenRatification • 9 states will be needed to ratify (approve) the Constitution

13. SSCG3 Students will demonstrate knowledge of the U.S. Constitution • Explain the fundamental principles upon which the U.S. Constitution is based; include the rule of law, popular sovereignty, separation of powers, checks and balances and federalism

14. Principles of the Constitution • Popular Sovereignty- Government gets its power from the consent of the people. • Limited Government and Rule of Law- the government only has the power that the people give it and is bound by the powers given to them in the Constitution and the laws set forth for them.

15. Separation of Powers- the national government is divided into three branches so that no branch has more power than it should.

16. Checks and Balances- each branch is given powers over the other branches to balance the power.

17. Judicial Review- the Supreme Court has the power to determine if a law is unconstitutional. **Marbury v. Madison

18. Federalism- governmental power is divided between national and state power + =

19. National Supremacy- if a state and federal law contradict, then the federal law wins.

20. Constitutional Powers and the Role of the States

22. National Powers DELEGATEDUnder the Constitution • Expressed (Enumerated) Powers • 17 specific powers granted to Congress (Article 1, Section 8) • Taxation • Coinage of money • Regulation of commerce • National defense • Implied Powers • The 18th Enumerated Power (Article 1, Sec 8, Clause 18) • Comes from “Necessary & Proper” (a.k.a. “Elastic”) Clause • Congress can do what is necessary to carry out Expressed Powers (#1-17) • Inherent Powers • Self evident powers each branch possesses because of what it does • Make laws, enforce laws, interpret laws • Supremacy Clause • Mandates that national law is supreme to all other laws passed by the states or by any other subdivision of government • Concurrent Powers • Authority is possessed by both state and national governments and exercised at the same time

23. State Powers RESERVEDUnder the Constitution • Article I • Allows states to determine time, place, and manner of elections for House of Representatives and Senators • Article II • Requires that each state appoint electors to vote for president • Article IV • Privileges and immunities clause • Republican (Representative) form of government • Protection against foreign attacks and domestic rebellion • Tenth Amendment • States’ powers described here • Reserved powers (and police powers to enforce the reserved)

24. Relations Among the States • Directly settled by U.S. Supreme Court under its original jurisdiction • Full Faith and Credit Clause • Ensures judicial decrees and contracts made in one state will be binding and enforceable in others • States can vary considerably on social issues- implications? • Privileges and Immunities Clause • The rights of citizens of a state can’t be denied to non-citizens. • Extradition Clause • Criminals who flee state borders can be returned for prosecution • Interstate compacts • Over 200 exist today • Contracts between states that carry the force of law - Drivers License Compact • Consent of Congress

25. States cannot Enter into treaties Coin money Impair obligation of contracts Cannot enter into compacts with other states without congressional approval Denied the authority to take arbitrary actions affecting constitutional rights and liberties Pass a bill of attainder Find you guilty w/o trial Pass ex post facto laws Making a law retroactive Congress (NATIONAL GOV) Can not favor one state over another in regulating commerce Can not spend money without a Congressional Act Can not lay duties on items exported from any state Can not Grant titles of nobility Can not pass a bill of attainder Can not pass ex post facto laws Suspend habeas corpus Suspend right to know why you are in jail DENIED (Prohibited) Powers

26. Government Structure

33. Crash Course Government Video Playlist