The Constitution: Articles IV-VII (4-7)

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Article I-III
• Article I: Legislative Branch: all of their
powers, term limits & job descriptions
• Article II: Executive Branch: all of their
powers, term limits & job descriptions
• Article III: Judicial Branch: all of their
powers, term limits & job descriptions
The Constitution:
Articles IV-VII (4-7)
Article IV (4)
• Concerns the States
• All states will honor the laws of other states.
• Examples:
• If you get married in one state you are considered married in
another.
• Convicted of a crime in one state you are still guilty in
another, etc.
• Citizens in each state are treated equally.
• Criminals must be returned if they flee to another state.
• New states can be admitted (with some qualifications)
• Ensures a republican government for all states.
• Ensures the government will protect the states against foreign
or domestic invasions & revolutions
Article V (5)
• Concerns Amending the Constitution (adding things to
the Constitution or changing things).
• Proposed by 2/3rds of both houses or by a national
convention.
• 3/4ths of the states must agree.
• Examples (banning alcohol, allowing women to vote,
giving slaves freedom).
Article VI (6)
• Concerns the United States itself
• Government will assume all debts entered into by
the U.S. under the Articles of Confederation.
• Says the Constitution & all treaties of the U.S. are
the supreme law of the country.
• Requires all officers of the U.S. to swear an oath
of allegiance to the U.S. & the Constitution when
taking office.
Article VII (7)
• Details the method for ratification of the
Constitution (making the Constitution law).
• Nine of the thirteen states had to accept it
before it could go into effect.
• This would lead to problems!
Constitutional Clauses
Supremacy Clause
• Article VI Section 2
• The Federal Law (US Constitution) is
above all State Law
• States cannot make laws that conflict
with US law
Necessary & Proper Clause
AKA: Elastic Clause
• Article I Section 8 Clause 18
• Gives Congress the power to make all laws
necessary to carry out their expressed
powers
• Ex. Congress can print paper money
• This is the foundation for all implied
powers of Congress
Full Faith & Credit Clause
• Article IV Section 1
• States must recognize the public acts,
records & judicial proceedings of every
other state
• Ex. Birth certificates & marriage licenses
are recognized in all 50 states
Establishment Clause
• Part of the First Amendment – Freedom
of religion
• Declares that a state cannot establish a
religion
• This is the foundation for the separation
of church & state
Free Exercise Clause
• Part of the First Amendment – Freedom
of Religion
• Declares that we have the freedom of
choice when it comes to religious matters
Equal Protection Clause
• Found within the 14th Amendment
• Forbids a State or any local government
from discriminating against a person
The Amendment Process
•
The US Constitution IS & IS
NOT the same document
written in 1787
•
Some Words have been
eliminated, some have been
added.
Keys to help
• To amend means to change
• To propose means to suggest
• Federal Gov't will always propose
• To ratify means to approve or pass
• 2/3 will always apply to the Federal Gov't
• ¾ will always apply to the states
• States will always ratify
• By having the federal government propose & the
states ratify, what basic principle of the constitution
is at work?
FORMAL Amendment PROCESS
• In Article V of the Constitution
• Two Methods of Ratification
• First-- Proposed by 2/3 of
Congress/Ratified by ¾ of
State Legislatures
• 26 of 27 Amendments
adopted this way
Second
• Proposed by 2/3 of Congress
• Ratified by ¾ of Special
State Conventions
21st Amendment adopted this way
(Repealing Prohibition)
PROPOSED AMENDMENTS
• Congress does not present
a proposed Amendment to
the President for his
signature or veto.
Proposed Amendments Continued
• States can change their
minds if they first reject an
Amendment (not the
opposite)
• 33 Made it to the states
• 10,000 Amendments proposed in
Congress.
• Only 27 finally ratified
• Congress can set deadlines for
the ratification time allowed
CONSTITUTIONAL BREAKDOWN REVIEW
Preamble: States the purpose
Article I: Legislative Power – Congress
Elastic Clause, Also known as ?
Free Exercise Clause
Establishment Clause
Article II: Executive Power - President
Article III: Judicial Power – Courts
Article IV: Relations between the states
Article V: The Amendment Process
CONSTITUTIONAL BREAKDOWN
Article VI: General Provisions,
Supremacy of the Constitution
Article VII: Ratification Process
Bill of Rights: First 10 Amendments
in Constitution
As a refresher…
• How many methods of Ratification are
there?
• What percentage is needed for an
Amendment to be proposed?
• What percentage is needed for
ratification?
• How many amendments do we currently
have today?
• How many are in usage today?
HOMEWORK
• Learning about the amendments helps you
understand your freedom's.
• Your homework tonight is to think about the
amendments we have learned about &
describe by writing an Amendment that you
would add to the Constitution.
• What do you think is missing in this great
country?
• What impact would the Amendment have on
society & our lives?
• Please be school appropriate 
Government Leaders
Senate Leaders
Job
Name
President of the Senate
VP Joe Biden
President Pro Tempore
Patrick Leahy (D, VT)
Majority Leader
Harry Reid (D, NV)
Majority Whip
Richard Durban (D, IL)
Minority Leader
Mitch McConnell (R, KY)
Minority Whip
John Cornyn (R, TX)
NC Senator
Richard Burr (R)
Kay Hagen (D)
House Leaders
Job
Name
Speaker of the House
John Boehner (R, OH)
Majority Leader
Eric Cantor (R, VA)
Majority Whip
Kevin McCarthy(R, CA)
Minority Leader
Nancy Pelosi (D,CA)
Minority Whip
Steny Hoyer (D, MD)
NC Representative
Robert Pittenger (R, NC)
Amendments 11-27
Bill of Rights
• First 10 amendments
1. Rapps
2. Bare arms
3. Quartering troops
4. Search & seizure
5. Self incrimination, eminent domain
6. Legal proceedings
7. Jury in civil cases
8. Cruel & unusual punishment
9. Unenumerated rights
10.States rights
11th Amendment: Ratified in 1798
• Places limits on an individual to sue the states
12th Amendment
• Ratified in 1804
• Requires electors to the electoral college to
cast a separate ballot for president & vice
president
13th, 14th, 15th Amendments
• Known as the Civil War/ Reconstruction Amendments
• 13th was ratified in 1865
• No “involuntary servitude (abolished slavery)
• 14th was ratified in 1868
• Defines citizens as “native Born Persons.” Extends the bill of
rights & “EQUAL PROTECTION” to all citizens
• 15th was ratified in 1870
• African American males granted the right to vote
16th Amendment
• Ratified in 1913
• Grants the federal government the right to tax
Income
• Remember that income tax is the #1 source of revenue
for the federal government.
17th Amendment
• Ratified in 1913
• Direct election of senators by the people
• Before the 17th Amendment, state legislatures
appointed them
18th Amendment
• Ratified in 1919
• Also known as “Prohibition”
• Made illegal the manufacture, sale & transport of
alcohol
19th Amendment
• Ratified in 1920
• Women’s Suffrage
• Suffrage=right to vote
20th Amendment
• Ratified in 1933
• Sets when congressional terms begin & end
• Also says that if the president elect dies before he
takes office, the vice president would take office
21st Amendment
• Ratified in 1933
• Ended Prohibition
• What was prohibition? What Amendment was it?
• What is the only way to “get rid of” an Amendment?
22nd Amendment
• Ratified in 1951
• Sets presidential term limits. A president can serve
two four-year terms or a max of 10 years total.
• If the vice president takes office, he/she can total
ten years as president.
23rd Amendment
• Ratified in 1961
• District of Columbia gets three electoral votes
24th Amendment
• Ratified in 1964
• Outlawed the poll tax & other voting restrictions
• Poll tax- Tax paid at the voting booth
• Literacy tests- A nearly impossible test
• Grandfather Clause- If your grandfather could vote,
you can
• Each of these were used to limit the voting rights
of African Americans
25th Amendment
• Ratified in 1967
• Presidential succession
•
•
•
•
President
Vice president
Speaker of the house
President Pro-tempore of the senate
26th Amendment
• Ratified in 1971
• Sets the minimum voting age at no more than 18
• (can be less that 18, but not more)
27th Amendment
• Ratified in 1992
• Established that congress cannot grant itself any pay
raises unless it comes after the next congressional
election.
FEDERALISM
The Division of Power
WHY FEDERALISM?
• I. Try to create a Central government that is
strong enough to meet the Nation’s needs.
• II. However, it had to preserve the strength of
the existing states
• III. The fear of the people was that a strong
government would trample the people & abuse
their rights.
Bill of Rights Review: 10th Amendment
• Undelegated Powers reserved for the States
• The governmental powers not listed in the
Constitution for the national government are powers
that the states, or the people of those states, can
have.
• The 10th Amendment sets up the basic principle of
Federalism
POWERS OF THE NATIONAL GOVERNMENT
• DELEGATED POWERS
National government only has powers that it was given in
the Constitution.
2 types of Delegated Powers
Expressed Powers (Enumerated): physically written out
in the Constitution
Implied Powers: Not expressly written in the
constitution
(NECESSARY & PROPER CLAUSE)
Powers given to the Federal Government
• Exclusive Powers: (Also known as
Enumerated or Delegated)
• Powers given only to the National
Government
• These are things that would concern
the entire country
Examples: National Defense, Foreign
Affairs, Coining of $
**What are the 2 types of delegated powers?
Powers Reserved to the States
• 1.
Reserved Powers:
• These powers are given to the states
because they are not listed in the federal
constitution for the federal government
Examples: marriage laws, alcohol laws,
education
Powers Shared by both Governments
• Concurrent Powers:
Powers that are shared between
the federal & state governments.
Examples: Building Roads,
Taxes, Court System
Intergovernmental Revenue: When the federal government gives money to
help fund a state run program, like education (no child left behind)
Delegated Powers
Defense
Foreign Affairs
National Concern
Coining Money
Reserved Powers
Court System
Borrowing $
Education
Taxes
Local Gov’t
Building roads State Elections
Police
Concurrent
Powers
Some terms to Remember…
• Commutation: reduction in severity of a legal punishment
• Pardon: official release of someone who has committed a crime or
wrongdoing from punishment
• Writ of Habeas Corpus: LAW – A court order requiring police to bring
a prisoner to court to explain why they are holding the person
• Bill of Attainder: Laws that punish a person without a jury trial
• Ex post Facto: (After the Fact) Laws that punish a person for
something after the law has been passed
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