Structure & Principles of the Constitution

1. Structure & Principles of the Constitution

2. Structure • The Preamble: intro to the constitution • Founders indicated that they wanted a government that would provide: • Stability and order • Liberty for citizens • Service for the people • 7 Articles: each covers a general topic • Legislative branch • Executive branch • Judicial branch • Relations among the States • Amending the Constitution • National debts, supremacy or national law, and oaths of office • Ratifying the Constitution

3. The Amendmentschanges to the Constitution Since 1789, 27 amendments have been added to the Constitution The formal amendment process reflects both federalism and popular sovereignty Formal amendments may be added through 4 different methods

4. The Six Basic Principles • The constitution sets out the six basic principles and the framework of government in the USA • In this country, the people are sovereign and government is limited, not all-powerful • The constitution distributes powers among 3 separate branches of government: legislative, executive, and judicial • Each branch has powers with which it can check the operations of the other 2 branches • The constitution also distributes governmental powers on a geographic basis

5. 1: Popular Sovereignty Rule by the people 2: Federalism Power is divided between the state and nat’l gov’t 3: Separation of Powers Each branch has its own power 4: Checks & Balances Each branch checks the other 5: Judicial Review The power of the courts to declare laws invalid if they violate the constitution 6: Limited government The Constitution limits the actions of gov’t by specifically listing powers it does and does not have The 6 Principles

6. The 3 Branches of Government

7. Legislative Branch • The founders expect Congress to become the most important branch of the national government while at the same time fearing the abuse of power • Enumerated Powers: Express powers of Congress- • Article 1: Section 8 of the Constitution • **please open up your books to page 763 • Expressed Powers: Power that are directly stated in Constitution • Elastic Clause: Gives Congress the right to make all laws “necessary and proper” to carry out the powers expressed in the other clauses of Article 1

8. Expressed in the 2nd Article of the Constitution Please turn to page 767 Article 2: Section 2/3 Let’s find the Specific Powers stated in the Constitution 1: Commander In Chief 2: Pardons/Reprieves for Offenses against the United States 3: Make treaties w/ Advice of Senate 4: Appoints w/ Senate Consent Ambassadors & Fed Court Judges 5: Appoints Head of Executive Depts. 6: Deliver annual state of Union 7: Calls Congress into session 8: Meet w/ Heads of Staff 9: Commission all military officers 10: Ensure that all laws that pass are “faithfully executed” The Executive Branch

9. Judicial Branch • The most brief of the three branches of government • The judiciary has two different systems of courts: • Federal Courts powers derive from the Constitution and federal laws • State Courts powers derive from state constitutions and laws • Every court has the authority to hear only certain kinds of cases. This authority is known as the juridiction of the court. • 2 factors determine jurisdiction: • The crime (details of the crime) • Who is involved

10. Preamble Articles Constitutionalism Rule of Law Separation of Powers Veto Judicial Review Unconstitutional Federalism Checks & Balances Vocabulary to Note!