Transcript The Principles of the Constitution

The Principles of the Constitution
What does “Constitution” mean?
Written rules of government
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 prosperity, do ordain and establish
this Constitution for the United States of
America.”
Preamble
• Tells WHY the Constitution was
written
– Wanted government to be better
– Wanted government to be just
– Wanted government to protect its citizens
– Wanted government to benefit the people
– Wanted government to benefit the future
Articles
• Set up the national government
and tell how it will work
Article #1
Set up the legislative branch of
government
Article #2
Set up the executive branch of
government
Article #3
• Set up the
judicial
branch of
government
Article #4
States will
respect and
honor each
others laws
Article #5
How to amend
or change the
Constitution
Article #6
Constitution
is the highest
law in the
land
Article #7
How changes
to the
Constitution
are to be
ratified or
accepted
Federalism:
National government
and state government
share power
Flexibility:
A design that permits
change
Underlying Principles
Of the
Constitution
Limited Government:
The majority can not
deny the rights of the minority
Separation of Powers:
All of the power is not
in one groups hands
Federalism
Enumerated Power:
Powers given to the
federal government
Concurrent
Powers:
Pass all laws necessary
and proper carry out
power
Enforce laws
Regulate trade and
commerce within state
Raise and support army
Establish courts
Establish local government
Powers shared by both
federal and state govt.
Reserved Powers:
Powers given to the state
governments
Regulate trade with other Collect taxes
countries and states
Conduct elections,
determine qualification of
voters.
Coin and print money
Borrow money
Establish a public school
system.
Establish postal system
Provide for general
welfare of people
Provide for the public
welfare within the state.
Govern US territories,
admit new states, and
regulate immigration.
Federal vs. State Power
SUPREMACY CLAUSE
• Article VI:
– When a national law and state law disagree,
the national law overrides the state law. The
Constitution is the Supreme Law of the land.
SEPARATION OF POWERS
SEPARATION OF POWERS
• Article I: “All legislative power herein
granted shall be invested in the Congress
of the United States”
• Article II: “The Executive power shall be
vested in a President of the United States”
• Article III: The Judicial power shall be
vested in one Supreme Court and such
inferior courts as Congress may from time
to time ordain and establish”
Structure of the
Federal Government
President:
Congress:
•Carry out laws
•Veto laws
•Elected – 4 yr term
•Make laws
•Override Pres.
veto
House of Rep.
•Elected 2 year term
•435 members
Supreme Court:
•Judges men and laws
•Nominated by President
•Approved by Senate
•Serve for Life
•9 members
Senate
•Elected 6 year term
•100 members
There are three branches of government:
LEGISLATIVE (Congress: House of Representatives and Senate)
EXECUTIVE (The President of the United States)
JUDICIAL (The courts)
Separation of Powers
Separate the powers of government among the different branches of the
government so that no one branch would have all the power.
Each branch should represent the interests of a different group in
government.
Balance of Powers
Balance the powers among these branches so no one
branch would have so much power it could control the
others.
C
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B
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s
Executive
Branch
Legislative
Branch
Judicial
Branch
On the Legislative Branch
•Can propose laws
•Can veto laws
•Can call a special session
of congress
•Appoints people to office
•Negotiates foreign treaties
On the Executive Branch
•Can override the presidents veto
•Confirms appointments
•Ratifies treaties
•Can declare war
•Appropriates money
•Can impeach and remove the
president
On the Executive Branch
•Can declare executive actions
unconstitutional
On the Judicial Branch
•Appoints federal Judges
•Can grant pardons to federal
offenders
On the Judicial Branch
•Creates lower federal courts
•Can impeach and remove judges
•Can propose amendments to
overrule judicial decisions
•Approves appointments of
federal judges
On Legislative Branch
•Can declare acts of Congress
unconstitutional
LIMITED GOVERNMENT
The protection of civil liberties:
the freedom of a person to enjoy the rights guaranteed
by the laws or the constitution of a state or country
without any undue restraint by the government.
ARTICLE 1, SECTION 9
POWERS DENIED CONGRESS
• 9,2: Habeas Corpus –
Privilege of Habeas Corpus
cannot be suspended,
unless in case of rebellion or
invasion
• 9,3: Illegal Punishment –
No bill of attainder or ex post
facto law shall be passed
ARTICLE 3, SECTION 3:
TREASON
• Section 3, 1: Definition –
War against the U.S., giving
information, aid, or comfort
to the enemy
• Two witnesses needed to
convict or a confession
• Section 3, 2: Punishment –
Congress shall have the
power to declare the
punishment for treason
FLEXIBILTY
“intended to endure for ages to come, and consequently, to be
adapted to the various crises of human affairs”
Chief Justice John Marshall
James Madison urged his colleagues to consider “the changes
which ages will produce.”
Amendments and Liberty
• When the Constitution was first passed
many states were slow to ratify it, because
they did not see a provision for Personal
Liberties or freedoms.
• The first ten amendments, or changes, to
the Constitution provided for these
freedoms and guaranteed US citizens
certain rights.
Elastic Clause
Article I, Section 8
• Congress has the power to make all laws
that are “Necessary and Proper” for the
enforcement of the Constitution.
Amendment Process
JUDICIAL REVIEW
• The most important power of the federal courts.
• The S.C. will determine if the application and
interpretations of the law are keeping with Constitution’s
intent.
• The S.C. is the final voice in interpreting the Constitution.
• This strengthened the power of the judicial branch
against the other two branches.
– Marbury v. Madison (1803)
OLDEST LIVING CONSTITUTION
• The U.S. Constitution is
the oldest written national
constitution in the world
• Also ability to change, or
“amend” the Constitution
helps preserve it
• Only 27 Amendments
have been added