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The US Constitution

A Level Government & Politics

Students should be able to:

• Understand the aims of a Constitution

• Identify and recall which provisions are outlined in each

Article of the Constitution

• Identify significant key provisions within the Articles

What is a Constitution

• A Constitution is a system of rules which describes the structure and powers of Government

• It also outlines the relationship between the three branches of government

• As well as the relationship between the government and the citizens

• Constitutions can be codified or uncodified

Codified Constitutions are in one single place where as

Uncodified Constitutions are found in many different places such as Legislation, Common Law and even Conventions

Aims of a Constitution

A Constitution will outline the following within in it:

The

Constitution

The Limits upon Power

How power is exercised

Where power is located

History of the US Constitution

The Modern US Constitution was drafted at the Constitutional Convention in

Philadelphia in May 1787

• 55 Delegates from 12 of 13 states took part

• Rhode Island did not participate

• The overall aim was to create a strong government whilst protecting individual freedoms

• A strong government was essential to dissuade an invasion by

Britain

It took four months to write the

Constitution. Those who wrote the

Constitution are known as the Founding

Fathers or Framers

Connecticut Compromise

States were divided over how to best represent the states in a Congress

Virginia Plan

States with large populations

New Jersey Plan

Wanted representation based on Population

Connecticut

Compromise

Bicameral System

One according to Population

One represented Equally

States with Small

Populations

Wanted representation to be equal per state

Three Fifths Compromise

• Northern and Southern states could not agree on how to count slaves when calculating population.

• Important as a larger population means more representation in the House of Representatives.

• This would mean Southern States, which had a large number of

Slaves, would have a greater number of seats

• Agreed to count Slaves as equal to three-fifths of a person.

This clause was repealed by the Thirteenth Amendment

Articles of the Constitution

I

Article I: Legislative Branch

Grants all legislative Power to

Congress

Sets out the procedures for each Chamber

Establishes the

House of

Representatives and Senate

Provides for compensation for members of

Congress

Outlines how elections will be conducted

Details the

Legislative process

Outlines the powers of Congress such as tax powers

Sets Limits on the

Congress

Sets Limits on the

States

Article I: Legislative Branch

The Sections:

1. Legislative Power in Congress

2. House of Representatives

3. Senate

4. Congressional Elections

5. Procedures in the Chamber

6. Compensation for Members

7. Legislative Process

8. Powers of Congress

9. Limits on Congress

10. Limits on the States

Each Article is broken down into Sections.

Each of the Sections outlines a different provision.

Article I: Legislative Branch

Key Clauses Within each Section are clauses. These are some of the most important ones

Vesting Clause

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a

Senate and House of Representatives.

Origination Clause

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Necessary and Proper Clause

The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Tax and Spending Clause

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States

War Clause

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Articles of the Constitution

I

II

Article II: Executive Branch

Executive Power vested in a

President

Electoral College outlined

Term Length shall be 4 years

Rules that only natural born

Citizens can be

President

President will be chosen together with a Vice

President

Presidents must be at least 35 years old

Role of the Vice

President

President is

Commander in

Chief

President shall fill offices of the

United States

Article II: Executive Branch

The Sections:

1. Presidents and Vice Presidents

2. Powers of the President

3. Presidential Responsibilities

4. Impeachment

The Electoral College is outlined in Section 1

The Oath of Office is outlined in

Section 1

Eligibility for Office is outlined in

Section 1

The President is stated as

Commander in Chief in Section 2

The State of the Union address is outlined in Section 3

Article II: Executive Branch

Key Clauses Within each Section are clauses. These are some of the most important ones

Vesting Clause

The executive Power shall be vested in a President of the United States of

America.

Advice and Consent Clause

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States,

Faithfully Executed Clause

He shall take Care that the Laws be faithfully executed

Articles of the Constitution

I

II

III

Article III: Judicial Branch

Judicial Power vested in one

Supreme Court

Justices cannot be given a pay cut

Congress can ordain and establish inferior courts

Justices hold their office for live in

Good Behavior

Outlines trial by

Jury

Details the rules surrounding

Treason

Article III: Judicial Branch

The Sections:

1. Federal Court Structure

2. Judicial Power and Trial by Jury

3. The Charge of Treason

The Constitution does not:

• Give the Supreme Court power of Judicial Review

• Require a set number of Supreme Court Justices

Articles of the Constitution

I

II

III

IV

Article IV: Relationship between States

Full Faith & Credit

Clause

New States can be admitted to the

Union

No New States can be formed from current states without legislation

Guarantee of a republican form of government

Guarantees protection from invasion

Protection from

Civil War

Articles of the Constitution

I

II

III

V IV

Article V: Amending the Constitution

Proposed

Amendment

Vote in the House

2/3 Majority

Required

Vote in the Senate

2/3 Majority required

Constitution

Amended

Passed by ¾ of all

State Legislatures

Founding Fathers wanted the Constitution to be difficult to amend!

Votes in State

Legislatures

Articles of the Constitution

I

II

VI III

V IV

Article VI: Federal Supremacy

All debts from States are now responsibility of the US

Federal Law shall be the Supreme Law of the Land

All Senators and

Representatives at any level are bound by

Constitutional Oath

No religious test can be a requirement of

Office

Articles of the Constitution

I

VII II

VI III

V IV

Article VII: Ratification Procedure

9 out of 13 states must ratify the Constitution before it can be established.

2

3

#

1

4

5

6

7

8

9

State

Delaware

Pennsylvania

New Jersey

Georgia

Connecticut

Massachusetts

Maryland

South Carolina

New Hampshire

Date

7 December 1787

12 December 1787

18 December 1787

2 January 1788

9 January 1788

6 February 1788

28 April 1788

23 May 1788

21 June 1788

Articles of the Constitution

II

I

III

IV

V

VI

VII

• Legislative Branch

• Executive Branch

• Judicial Branch

• Federal – State Relationship

• Amendment Process

• Federal Supremacy

• Ratification Process

The US Constitution

A Level Government & Politics

Students should be able to:

• Understand the aims of a Constitution

• Identify and recall which provisions are outlined in each

Article of the Constitution

• Identify significant key provisions within the Articles

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