The Constitution Organization, Foundations and The Bill of Rights.

The Constitution

Organization, Foundations and The Bill of Rights

The Constitution…

• is the basic law of the U.S.• describes how the national government

is set up• describes the relationship between the

national government and the states• has final authority because no law is

higher than the Constitution.• (is always capitalized)

Foundations

• Framers authors of the Constitution

•Popular sovereignty- power of government comes from the people; a government is able to govern as long as it has consent of the governed

“government of the people, by the people, for the people”

-Abraham Lincoln

Principles of the Constitution

Preamble““We the People of the United We the People of the United

States, in Order to form a more States, in Order to form a more perfect Union, establish Justice, perfect Union, establish Justice,

insure domestic Tranquility, provide insure domestic Tranquility, provide for the common defence, promote for the common defence, promote

the general Welfare, and secure the the general Welfare, and secure the Blessings of Liberty to ourselves Blessings of Liberty to ourselves and our Posterity, do ordain and and our Posterity, do ordain and

establish this Constitution for the establish this Constitution for the United States of America.”United States of America.”

•Federalism- relationship between the states and national government, where power is divided between them

Federalism

• Full Faith and Credit Clause• States must respect each other’s laws

• Supremacy Clause• Establishes the Constitution as the

SUPREME law of the land

•Separation of powers-

three separate branches of government

•Each has its own duties and responsibilities

•Checks and balances- each branch has duties that check, or restrain, the power of another branch

•Judicial review- gives power to the courts to rule whether or not a law is constitutional or not

(whether or not it violates the Constitution)

•Limited government-

restricts the power of government to do certain things and not others

(ex. The Bill of Rights)

Organization of the Constitution

• Preamble• Explains why the document was written

• Articles• 7 articles• Lay out the plan of government for the U.S.

• Amendments• Changes made to the Constitution• Bill of Rights (1st 10): ratified 1791• 27 total

Article I

• Legislative Branch

• Describes its duties and powers and qualifications for its members

• Legislative Branch

• Enumerated Powers (Expressed)• Un-enumerated Powers (Implied)

• Delegated (federal government)• Reserved (state government)• Concurrent (federal and state)

Article II

• Executive Branch

• Describes powers of executive branch and qualifications for president and vice president

• Describes the process for electing a president and vice president

Article III• Supreme Court

• Head of the Judicial Branch or court system

Article IV

• Explains the relationship among states and the states’ relationship to the national government

Article V

• Describes the process for amending, or changing, the Constitution

• Flexible• “Living Document”• Only 27 amendments

Article VI

• Declares that the Constitution, acts of Congress, and treaties are the “supreme Law of the Land.”

• Supremacy Clause• No higher power than the

Constitution

Article VII

• Sets out the process for ratifying the Constitution

Amendments

1st 10 = Bill of Rights

-Promise of a Bill of Rights helped win people over in support of the Constitution

-Written during first session of Congress 1789-Ratified: 1791

The Bill of Rights

How does the Bill of Rights extend the Constitution?

Essential Questions: • How does the system of checks and

balances limit the power of government officials?

• How is the idea of limited government promoted in the US Constitution?

• Should Congress be able to pass a law that is unpopular with citizens?