 Hippocampus
 Representative Government
 Rule of Law
 The delegates finished their work on the Constitution
in August 1787.
 On September 17, 1787, the Constitution passed the
convention.
 The document was ready to go to each state for
approval.
 North Carolina and Rhode Island did not approve the
Constitution until after it went into effect.
 The Preamble defines the purposes of the republican
government created by the Constitution.
 Republican government: a representative political
system in which authority comes from the people and is
exercised by elected officials.
 What does “We the People” mean?
 “We the People” signifies that power and authority in
our system of government comes from the people.
We the People?
What is this cartoon
implying about the
phrase, “We the
People”?
 Form a more perfect union
 By ensuring cooperation among the states, and between
the states and the federal government
 Establish justice
 By basing the system of government on fair laws that
apply equally to all people
 Ensure domestic tranquility
 By ensuring peace and order
 Provide for the common defense
 By protecting the nation against foreign enemies
 Promote the general welfare
 By ensuring the well-being of the citizens
 Secure the blessings of liberty for ourselves and our
posterity
 By guaranteeing freedom for Americans
 Establishes Congress as the
lawmaking body in
government.
 Describes the two chambers
of Congress, the House of
Representatives and the
Senate, as well as the
election, terms, and
qualifications of their
members.
 Section 8 lays out some of the main powers granted to
Congress.
 Enumerated powers: powers specifically listed in the
Constitution
 Ex. Collect taxes, coin money, and declare war
 Implied powers: powers Congress can claim as part of
its lawmaking responsibility
 Clause 8 of Section 18 says Congress can “make all laws
which shall be necessary and proper” for carrying out its
duties.
 The Necessary and Proper Clause is also known as the Elastic
Clause since it can be stretched
 Section 9 lists powers denied to Congress
 Powers denied to Congress include the suspension of
habeas corpus and the granting of titles of nobility
 Habeas corpus is the right of the accused to be brought
before a judge to hear the charges against them
 The ban on titles of nobility comes from the belief that “all
men are created equal”.
 The Executive Branch is
led by the President and
Vice President
 Defines the powers of the
president, including the
power to command the
armed forces, to make
treaties, and to appoint
other executive officials.
 Creates the Supreme
Court & defines the
jurisdiction of the federal
courts
 Jurisdiction is the right
of a court to hear a case
 Article III defines the jurisdiction of the federal courts
pertaining to the Constitution, federal law, treaties,
ambassadors, and maritime law.
 Federal courts can also settle disputes between states,
between states and the federal government, and between
citizens of different states.
 Original jurisdiction vs. Appellate jurisdiction
 Original: the power to hear cases for the first time
 Appellate: reviewing the decision of a lower court if tried
improperly.
 Also guarantees the right to a trial by jury in criminal
cases and defines the crime of treason.
 Treason: waging war against the United States or aiding
its enemies
 Gives Congress the power to punish traitors
 Overview:
http://www.youtube.com/watch?v=T6K_BnUkQt4
 1803 – Marbury v. Madison
 Chief Justice John Marshall established judicial
review
 Judicial review – court can review acts of other
branches to determine if unconstitutional
 Under Article III
 Define the boundary between the executive and
judicial branches
 Article IV has four sections
 Full and Faith Credit where each state must honor the
laws and court decision of other states.
 Treatment of Citizens in which no state may
discriminate against the residents of another state.
 States must return suspected criminals to the states in which
they are wanted.
 New States and Territories says that only Congress can
authorize the creation of new states.
 Congress also has power over territories and other
jurisdictions of the U.S.
 Protection of States in which the Ntl. Gov. guarantees
each state a republican form of government
 Promises to protect states from outside attack and help states
put down internal rebellions.
 Article V spells out the ways amendments can be
proposed and ratified when it is necessary to make
changes.
 Two ways to propose amendments:
 Proposed by 2/3 vote of each house of Congress
 Proposed by a ntl. convention called by Congress at the
request of 2/3 of the state legislatures.
 Two ways to ratify amendments:
 Ratified by 3/4 of the state legislatures
 Ratified by 3/4 of the state conventions
 It states that the national government agrees to repay
all of the debts that were incurred under the Articles
of Confederation…
 This was critical to ensure support for the new
government.
 The Constitution is the “Supreme Law of the Land” as
established by the Supremacy Clause
 The Supremacy Clause says that federal law supersedes
all state and local laws
 It stipulates that all federal and state officials must
take an oath swearing their allegiance to the
Constitution.
 No religious standard can be imposed on any official as
a qualification for holding office.
 The Constitution won’t
take effect until it is
ratified by at least 9
states.
 The framers signed the
Constitution on
September 17, 1787, but
ratification didn’t occur
until New Hampshire
signed on June 21, 1788.
 Two things that are outdated in the Constitution are…
 Article VI: the states will repay their debts while they
were under the Articles of Confederation
 Article VII: the ratification process
 Over 11,000 amendments have been introduced in
Congress, but only 33 have been sent to the states for
ratification and only 27 have been ratified.
 The President has no role in the amendment process
outside of supporting or opposing
 Only the provision for equal representation of states in
the Senate in Article V is banned from being amended.