THE CONSTITUTION - Iredell-Statesville … · Elastic Clause #18: the enumerated power known as the "necessary and proper" clause Inherent Powers: Powers that the national gov't may

THE CONSTITUTIONGOALS OF THE CONSTITUTION• Form a More Perfect Union• Establish Justice• Insure Domestic Tranquility• Provide for the Common Defense• Promote the General Welfare• refer to problems under the Articles

of Confederation

PREAMBLE = Intro

Principles of the Constitution• deal with limiting the power of gov't and ensuring peoples rights

• Popular Sovereignty – The people rule.• Limited Government – The people retain certain rights that cannot be denied by the government.• Federalism – The states and the federal government share power.• Separation of Power – 3 Branches + Checks & Balances.• Rule of Law – Everyone must follow the law.

STRUCTURE OF THE CONSTITUTION7 ARTICLES OF THE CONSTITUTION

Article I Legislative BranchArticle II Executive BranchArticle III Judicial BranchArticle IV States and Federal GovArticle V Amendment ProcessArticle VI Supremacy of National LawArticle VII Ratification

Powers of the ConstitutionEnumerated Powers: NUMBERED in Article 1 Section 8

Expressed Powers: Powers directly stated in the constitution

Elastic Clause #18: the enumerated power known as the "necessary and proper" clause

Inherent Powers: Powers that the national gov't may exercise simply because it is a gov't

Implied Powers: Powers needed to do the expressed powers but not specifically mentioned in the Constitution.

ARTICLE I: LEGISLATIVE BRANCH• CONGRESS (BICAMERAL) – PURPOSE = MAKE LAWS

HOUSE OF REPRESENTATIVES• Based on State Population• Directly Elected by People• 2 year term, must be 25

SENATE• 2 Per State• 6 year term, 30 years old• Originally selected by State Legislatures• Today Directly Elected

MAJOR POWERS OF CONGRESS (Sec. 8)• Tax/Tax Imports (stuff coming in)• Declare War• Raise/Maintain and Army• Regulate Interstate Trade (states)• Elastic Clause (power make laws down the road!)• Create Postal System• Coin Money• Create Lower Federal Courts

POWERS DENIED CONGRESS• Suspend Writ of Habeas Corpus (right to trial)• Pass Bills of Attainder (groups right to trial)• Ex Post Facto Law (can't change laws to punish)• Tax Exports (Would hurt southern farmers)

ARTICLE II: EXECUTIVE BRANCH• PRESIDENT: PURPOSE – ENFORCE THE LAW• Elected for 4 years, must be 35, natural born citizen of USA

ROLES OF THE PRESIDENT• Chief Executive• Commander-in-Chief• Legislative Leader• Protector of the economy• Chief of State• Foreign Policy Maker/Diplomat

POWERS OF THE PRESIDENT• Enforce laws passed by Congress• Send troops into battle• Enter into Treaties• Appoint Federal Judges• Appoint Ambassadors• Grant Pardons - Reprieves

ARTICLE III: JUDICIAL BRANCH· SUPREME COURT – PURPOSE – INTERPRET THE LAW

SUPREME COURT• 9 Justices – Appointed by the President / Confirmed by Senate• Justices serve life terms• Supreme Court oversees actions of Congress and the President• Court uses the Constitution to make sure government actions are Constitutional (laws/policies)• Highest court in all the land

ARTICLE IV: RELATIONS AMONG THE STATES• establishes what the states agree to do for one another• what the federal government will provide to each state

STATE to STATE• Respect laws, contracts, etc.. Full Faith & Credit• Extradition – send criminal to stand trial in other states.

FEDERAL to STATE• Rules for admitting new states to the Union• Republican form of Government• Protect against invasion

ARTICLE V: AMENDMENTS· PROCESS BY WHICH CHANGES CAN BE MADE TO THE CONSTITUTION

PROPOSAL· Amendments to the

Constitution must be approved by 2/3 of both houses of Congress to be proposed

(or)

· 2/3 of the states call for a national convention for the proposal of an amendment

RATIFICATION· Amendments must be

ratified by ¾ of the State Legislatures

ARTICLE VI: SUPREMACY OF NATIONAL LAW

· All debts contracted under the Articles of Confederation will be honored by US Government

· US Constitution, Federal Law, and Treaties are the Supreme Law of the Land (Supremacy Clause)

· All Federal Public Officials will take an oath to protect and support the Constitution

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ARTICLE VII: RATIFICATION

· For the Constitution to go into effect, it had to be ratified, approved by 9 of 13 states.

· RATIFICATION

· 9 of 13 STATES