The United States Constitution

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THE UNITED STATES CONSTITUTION
Government
Mr. Rosenstock
OUTLINE OF THE CONSTITUTION

Preamble: this is a brief introduction that states the purpose
of the Constitution

Articles: these sections explain features of our government:
Article I – the Legislative Branch
 Article II – the Executive Branch
 Article III – the Judicial Branch

these outline the
basic structure of
government
Article IV – Relations among States
these remaining
 Article V – Amending the Constitution
four address
 Article VI – Supremacy of National Law specific topics
 Article VII – Ratifying the Constitution


Amendments: “Changes” to the Constitution. 27 in total

First 10 amendments are our Bill of Rights
THE SIX BASIC PRINCIPLES
I
Popular Sovereignty: the source of government
power resides in the people. They are the only
source of any and all government power. We are
governed with our consent.
II Limited Government: this means that no
government is all powerful, that a government
may do only that which the people allow.
Government must obey the law, and it (and its
officers) are subject to the law – that being the
Constitution.
III Separation of Powers: unlike parliamentary
systems where power is lumped together in a
parliament, in the U.S., power is divided into 3
branches: Legislative (Congress), Executive
(President) and Judicial (Courts): each with
specific powers and rights.
IV Checks and Balances: while each branch has its
own powers, they are tied to each other in such a
way to prevent any one branch from becoming too
powerful. Each branch can “check” and therefore
“balance” the other two branches.
(ex.) Congress has the right to try the
President for unlawful conduct while in office
and to impeach (bring charges) and remove
the President.
In 1998, charges were brought against
President Bill Clinton, including obstruction of
Justice, misuse of FBI files, perjury (lying) to
Congress, and his affair with White House
Intern, Monica Lewinsky.
The House of Representatives voted to impeach
President Clinton, making him the second
President in history impeached (President
Andrew Johnson was the first). The Senate
did not vote to remove Clinton from office.
V
Judicial Review: this aspect of checks and
balances is so important – it gets its own principle.
Judicial Review is the power of the courts to
determine whether what the government does is
legal and allowed under the Constitution.
(ex) the Supreme Court struck down laws
enforced in 48 of 50 states that banned the
burning of the flag (Johnson v. Texas, 1989). The
Supreme Court found that burning the flag is part
of our First Amendment right to freedom of
speech.
VI Federalism: the powers held by government are
shared between the national (federal) government
in Washington DC and the 50 state governments
around the country. The state governments in turn
allow local (city) governments to hold some power as
well.
 The reasons for our system go back to the founding
of the country.

Many of our founders were against a strong national
government: when colonies, Americans were taxed
without representation, grievances ignored by the
king. “Checks” meant to reign in strong government.
 Under the Articles of Confederation, government too
weak, couldn’t function, states had majority of power.
Constitution gives the Federal government power to
raise taxes and function. Bill of Rights gives citizens
rights.

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