The Constitution
SSCG3 Students will demonstrate
knowledge of the U.S. Constitution
Preamble
We the People of the United States,
in Order to form 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.
ARTICLES
of the United States Constitution
Article One
Legislative Branch


Creates a bicameral,
Congress
Includes a Senate
and a House of
Representatives.
Article Two
Executive Branch

President and Vice-President


Chosen by Electoral College
Explains impeachment
Article Three
Judicial Branch

Establishes Supreme Court
(Congress sets up all others)

Requires trial by jury for all
criminal cases, and defines the
crime of treason.
Article Four
State Relations

Defines how the
states must work
together



Full faith and
credit
Extradition
Privileges &
Immunities
Article Five
Amending the Constitution

Two step
process


Proposal
Ratification
(approval)
Changing the Constitution
Changed 27 times by the rules

Step 1: Proposal



2/3 of Congress
2/3 of Constitutional Convention
Step 2: Ratification


3/4 of state legislatures
3/4 of state conventions
Article Six
Supremacy Clause

Establishes the
Constitution as the
supreme law of the
land.

Requires that all
legislators, federal
officers and judges
take oaths to uphold
the Constitution.
Article Seven
Ratification

9 states will be
needed to ratify
(approve) the
Constitution
SSCG3
Students will demonstrate knowledge of the
U.S. Constitution
 Explain the fundamental principles upon
which the U.S. Constitution is based;
include the rule of law, popular sovereignty,
separation of powers, checks and balances
and federalism
Principles of the Constitution
 Popular Sovereignty- Government gets
its power from the consent of the
people.
 Limited Government and Rule of Lawthe government only has the power that the
people give it and is bound by the powers
given to them in the Constitution and the
laws set forth for them.
 Separation of Powers- the national
government is divided into three
branches so that no branch has more
power than it should.
Checks and Balances- each branch
is given powers over the other
branches to balance the power.
Judicial Review- the Supreme
Court has the power to
determine if a law is
unconstitutional.
**Marbury v.
Madison
Federalism- governmental
power is divided between
national and state power
+
=
National Supremacy- if a state
and federal law contradict, then
the federal law wins.
Constitutional Powers
and the
Role of the States
National Powers DELEGATED
Under the Constitution
• Expressed (Enumerated) Powers
– 17 specific powers granted to Congress (Article 1, Section 8)
•
•
•
•
Taxation
Coinage of money
Regulation of commerce
National defense
• Implied Powers
– The 18th Enumerated Power (Article 1, Sec 8, Clause 18)
– Comes from “Necessary & Proper” (a.k.a. “Elastic”) Clause
– Congress can do what is necessary to carry out Expressed Powers (#1-17)
• Inherent Powers
– Self evident powers each branch possesses because of what it does
– Make laws, enforce laws, interpret laws
• Supremacy Clause
– Mandates that national law is supreme to all other laws passed by the states
or by any other subdivision of government
• Concurrent Powers
– Authority is possessed by both state and national governments and exercised
at the same time
State Powers RESERVED
Under the Constitution
•
Article I
– Allows states to determine time, place, and manner of elections for House of
Representatives and Senators
•
Article II
– Requires that each state appoint electors to vote for president
•
Article IV
– Privileges and immunities clause
– Republican (Representative) form of government
– Protection against foreign attacks and domestic rebellion
•
Tenth Amendment
– States’ powers described here
– Reserved powers (and police powers to enforce the reserved)
Relations Among the States
– Directly settled by U.S. Supreme Court under its original jurisdiction
– Full Faith and Credit Clause
• Ensures judicial decrees and contracts made in one state will be binding and
enforceable in others
• States can vary considerably on social issues- implications?
– Privileges and Immunities Clause
• The rights of citizens of a state can’t be denied to non-citizens.
– Extradition Clause
• Criminals who flee state borders can be returned for prosecution
– Interstate compacts
• Over 200 exist today
• Contracts between states that carry the force of law - Drivers License Compact
• Consent of Congress
DENIED (Prohibited) Powers
States cannot
–
–
–
–
Enter into treaties
Coin money
Impair obligation of contracts
Cannot enter into compacts with
other states without
congressional approval
– Denied the authority to take
arbitrary actions affecting
constitutional rights and liberties
– Pass a bill of attainder
• Find you guilty w/o trial
– Pass ex post facto laws
• Making a law retroactive
Congress (NATIONAL GOV)
– Can not favor one state over
another in regulating commerce
– Can not spend money without a
Congressional Act
– Can not lay duties on items
exported from any state
– Can not Grant titles of nobility
– Can not pass a bill of attainder
– Can not pass ex post facto laws
– Suspend habeas corpus
• Suspend right to know why you
are in jail
Government Structure
ARTICLE I
ARTICLE II
ARTICLE III
LEGISLATIVE
makes the laws
EXECUTIVE
enforces the laws
JUDICIAL
interprets the laws
Congress
President & VP
Supreme Court
must meet at least one time each year
elected by the Electoral College who are
elected by the people at the November general
election

Senate
100 senators; 2 senators from each state
term: 6 years

a person can be elected president only two times

term:
Presiding officer
the Vice President (President of Senate), or
an elected President pro tempore


at least 35 years old
a natural-born citizen

lived n the U.S. for 14 years before the election
Qualifications
at least 25 years old; citizen for 7 years
Presiding officer
Speaker of the House
appointed by the President but must
be approved by the Senate
12 courts throughout the U.S.



Cabinet
435 representatives
term: 2 years

serve for life unless impeached
Circuit Court of Appeals
Qualifications
House of Representatives
States with larger population get more representatives
9 justices
4 years
Qualifications
at least 30 years old citizen for 9 years


15




Executive departments
Dept. Secretaries in charge; on Cabinet
appointed by the President but must be approved
by the Senate
term: determined by President. Serve as long as
the President wants them
meet whenever the President wants
created by Congress
serve for life unless impeached
appointed by the President but
must be approved by the Senate
District Courts
94 trial courts throughout the U.S.

created by Congress

serve for life unless impeached

appointed by the President but
must be approved by the Senate
Article IV
Relation
Article 4 has four sections that describe how states will get along with the federal
government and other states.
Full Faith and Credit Clause
Between States Every state must respect the laws, records, and court decisions of other states. For
example, if Georgia gives a person a driver's license, that person can legally drive
all of the other states.
Citizens visiting another state have the same rights as people who live in that state.
Extradition
1. If a person commits a serious crime in one state and then escapes to another
state, that person must be found and returned to the state where the crime was
committed.
Congress makes the rules for selling and controlling all land or other property that
belongs to the United States.
Congress has the power to admit new
states to the U.S.
Every state must have a representative form of government.
The federal government will protect and defend all states from other countries. Also,
if fighting or violence breaks out inside a state, the federal government will help.
Article V
Article 5 tells how to make changes to the Constitution. It's possible but difficult to change the
Constitution. The Constitution can be changed by adding an amendment. Only 27 amendments
have been added to the Constitution. There are two steps.
1.
First the change must be proposed
at the national level.
To propose an
amendment, 2/3 of a national convention called by the states or 2/3 of both houses of
Amendment
Process
Congress must vote to propose it. If it's successfully proposed, then it must be ratified.
2.
The second step, ratification
at the state level. To ratify, 3/4
of all state
legislatures or 3/4 of state conventions held just for the purpose of voting on the
amendment must vote to approve the amendment.
Article VI
Supremacy
Clause
Article 6 includes an important part of the
Constitution called the supremacy clause. The
Constitution is the highest law of the land. The
Constitution, the laws of Congress, and all
treaties must be followed by all states. State laws
must agree with the Constitution.
All members of Congress, the President and all executive branch
officials, all Supreme Court justices and federal judges, all
members of state legislatures, all governors and state officials, all
state judges take an oath of office and swear to obey the United
States Constitution.
Article VII
Article 7 says that the Constitution became effective
when 9 (of 13) states approved or ratified it.
Ratification
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