Preamble -An Introduction To the whole Constitution -Gives the purposes and goals of government -We, the people of the United States, in Order to from 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.
Article 1 -Describes the Congress and its powers Describes the Legislative Branch -Divides Congress into two Houses Bicameral: House of Reps., Senate Article I describes U.S. Congress The House of Representatives is based on population The Senate is based on equal representation, with two Senators from every state (today) -Sets qualification and terms of members -Describes law making process -Specifically denies certain powers to Congress does not give it too much power -Delegates certain powers to Congress enumerated powers Ex.: taxation, borrow money, regulate commerce, coin money, declare war, establish military, do anything necessary and proper
Article 2 -Describes the Executive Branch President and Vice President -Term and Qualifications -Electoral method described (later amended) Electoral College -commander in chief -make treaties, appoint officials upon approval -Execute the laws of the United States -Impeachment process Removed from office for illegal actions (President/VP) Article 2 describes how the Executive Branch will be set up, including the qualifications, method of election, and term limits for the President and Vice President. It also defines the impeachment process, which will remove an official from office for wrong doing. The most recent President to be impeached was Bill Clinton.
Article 3 -Describes the Judicial Branch Describes the Court system -Term and qualification of judges -Jurisdiction of Federal Courts Article 3 describes how the U.S. Courts will work. -Right to Trial by Jury in Federal Cases -Crime of Treason is defined Going against your country Espionage: spying Only crime defined in the Constitution
Article 4 -Describes the relationship of states to one another and the central government Describes federalism: multiple levels of government working together -Full Faith and Credit clause describes the legal relationship between states States will recognize and follow each other s laws -Extradition process described Sending prisoners back to state to have trial -Addition of new states and territories -Guarantee of Federal protection from invaders for all states Criminals who break a law in one state, try to flee to another state, and get caught in another state, will be sent back to the original state for their trial. This process is called extradition.
Article 5 -Describes the amendment process Amend means to change Describes how to change the Constitution -sets up the two methods of proposing an amendment How to get a change to the Constitution heard -sets up the two methods of ratifying a new amendment How to get that change approved and added to the Constitution
Article 6 -Describes the supremacy of the Constitution and the national government National National government more powerful than any other level -Statement that the Constitution is the Supreme Law of the nation (Supremacy Clause) States cannot challenge national laws, national always wins -requirement of an oath of office in all State and Federal positions to support the Constitution State Local
Article 7 -Describes the process of ratification of this Constitution Describes how this new Constitution will be approved The Tenth Pillar of Ratification ~appeared in South Carolina newspaper after ratification -Set up the approval method for the Constitution 9 out of 13 must ratify
Changing the Constitution
Constitution is over 200 years old Constitution still functions because of its flexibility (A Living Document) The Constitution was only meant to be a blueprint or framework
Proposing Amendments -Described in Article 5 -Must first be proposed -two methods of proposing an amendment 2/3 of Both Houses of Congress 2/3 of the members of the House of Reps. and Senate must agree to propose (ask for) a change National Convention called by 2/3 of states 33 states must call a convention -only method ever used is 2/3 of Congress
Ratifying Amendments -Must first be proposed -must be ratified by 3/4 of the states 38 states must approve the new Constitutional amendment -Two methods of ratifying by state legislatures Let the Congress of the state vote as representatives for the people by state conventions Invite citizens themselves to vote -Difficult process only make changes when really needed only been amended 27 times in over 200 years
Necessary and Proper Clause -Necessary and Proper Clause- Statement in Article I of the Constitution that allows Congress to stretch its enumerated powers to do almost anything in the best interests of the citizens---elastic Clause -Article 1 describes the power but does not define the power specifically Caused many arguments about what Congress can/not do -most interpretation occurs with this phrase -Implied Powers -Powers that are not specifically written in the Constitution but are interpreted to exist -Constitution is a flexible document The Constitution s necessary and proper clause, also known as the Elastic Clause allows Congress to stretch its powers to do what they feel is what the country needs at the time. For example, after WWII, Congress used these powers to begin an Air Force.
Interpretation -Three types of Interpretation strict based on actual wording of Constitution If it does not specifically say you can, then you cannot loose based on implied meanings of passages Some people believe the Constitution should be interpreted strictly, meaning that unless the document specifically says Congress or the federal government can do something, then they cannot. Others believe the opposite is true, saying that unless the Constitution specifically says you CANNOT do something, then you can. Still others believe in interpreting the document exactly as the writers intended it to be. The final interpretation today is handled by the Supreme Court. If it does not specifically say you cannot, then you can original intent based on what founding fathers meant the Constitution to say -Final Interpretation of the Constitution - Handled by the Supreme Court Judicial review -This opinion changes over time also