The Constitution

A More Perfect Union What does it mean that the Constitution is a “living document?”

It keeps its basic nature, but…

…changes with the times.

The Preamble Explains the reason for the new government.

“We the People”:

Popular Sovereignty: the idea that the authority of government comes from the people.

The Preamble “Form a more perfect Union.”:

“Establish Justice”:

“insure domestic Tranquility”:

“provide for the common defense”:

The Preamble “promote the general Welfare”:

“secure the Blessings of Liberty to ourselves and our Posterity”:

The Legislative Branch MAKES Laws The Constitution creates a bicameral national legislature, called Congress.

The two houses of Congress are the House of Representatives and the Senate.

Congress is designed to balance the rights of large and small states.

House of Representatives Members of the House of

Representatives serve two-year terms.

Representation in the House is based on population. States with more people have more House representatives.

House members must be 25 years old, and have been a citizen of the United States for 7 years.

Can propose tax laws.

Can impeach the president.

The Constitution calls for a census every ten years.

435 members

Senate Members of the Senate serve six-

year terms.

Each state has 2 senators.

The Senate is the “upper house” of Congress.

Members must be 30 years old and been a citizen of the United States for 9 years.

Can approve presidential appointments.

Ratifies treaties with foreign governments.

Can try the president after impeachment.

100 members

Both houses of Congress Can propose laws.

Can declare war.

Can override the president’s veto with a 2/3 vote.

Can propose amendments to the Constitution with a 2/3 vote.

How Congress Passes Laws Any member of the House or Senate can submit a proposal for a new law,

called a bill.

Only the House of Representatives can propose new taxes.

If both houses approve the bill, it goes to the president. The bill become a law if the president signs it.

The president can veto any proposed law.

Congress can override the president’s veto with a two-thirds majority in BOTH houses.

The Executive Branch CARRIES Out the Laws Executive Branch: the part of government that “executes” or carries out the

laws.

To win the presidency, a candidate needs a majority of the electoral vote.

The president serves a four-year term. Under the 22nd Amendment, a president may be reelected only once.

Must be 35 years old and a natural-born American citizen.

Executive Branch

Powers of the President Power to approve or veto laws.

Makes treaties with foreign governments.

Nominates judges to the Supreme Court.

Appoints cabinet members.

Commander-in-chief of U.S. military forces.

Recommends ambassadors.

Removing the President The House of Representatives can vote to impeach the president.

Impeach: to formally accuse an official of a crime related to official duties.

The Senate puts the president of trial, with the senators serving as the jury.

The president is removed if the Senate finds him guilty.

The Judicial Branch INTERPRETS the Law Judicial Branch: the part of the government, consisting of the Supreme Court

and lower federal courts, that interprets the laws.

Protect the Constitution

The Constitution establishes the Supreme Court and gives Congress the power to create “inferior” (lower) courts.

Federal courts have the power to resolve disputes that involve national laws, the federal government, or the states.

Chief Justice presides over impeachment trial of the President.

The Federal Court System Congress has authorized two main sets of

inferior federal courts: district courts and appellate courts.

Most cases involving federal laws are first heard in district court.

Citizens can appeal decisions given in district court.

An appellate court only considers whether the original trial was fair and legal.

Decisions made by appellate courts can be appealed to the Supreme Court.

Power of the Supreme Court Congress has set the size of the Supreme Court to nine members, or justices.

Justices serve for life.

Disputes ONLY go directly to the Supreme Court if it involves a state or an ambassador from another country.

The Supreme Court only reviews a case if the justices think that the decision made by a lower court might conflict with the Constitution or a federal law.

Judicial Review: power to decide whether laws and actions by the legislative and executive branches conflict with the Constitution.

Checks and Balances Between the Branches Checks and balances: the system that allows each branch of government to

limit the powers of the other branches.

“Checks” allow one branch to block the actions of another branch.

“Balances” allow each branch of the government to have some role in the actions and power of the other branches.

The Amendment Process Changes the Constitution “The Constitution belongs to the living and not to the dead.” –Thomas Jefferson

Article V of the Constitution describes how to amend the Constitution.

Amendment: a change to the Constitution

Proposing an amendment requires a vote of 2/3 of BOTH houses of Congress, or a national convention called by Congress at the request of 2/3 of the legislatures or all the states.

Before an amendment can become part of the Constitution, it MUST be approved by the legislatures in ¾ of the states.

Amendment Process “Amendment”- a change to the Constitution

Proposing an amendment requires: 1. 2/3 vote of each house of Congress2. National Convention called by Congress at request of 2/3 of State

Legislatures.

Ratification of Amendment:1. Ratified by ¾ of state legislatures2. Ratified by ¾ of the state conventions.

4 ways to propose and ratify a constitutional amendment!

Amendments So Far People have suggested more than 10,000 amendments…

…only 27 have been approved.

The first ten amendments are called the Bill of Rights.

The other 17 amendments were added individually.

The Federal System Connects the Nation and the States The framers of the Constitution wanted a strong national government…

…but they also wanted the states to keep significant power.

They accomplished both by creating a federal system of government in which power is shared between the national and state governments.

Powers Belonging to the National Government Declaring war

Making treaties

Print and coin money

Regulates interstate commerce.

Interstate Commerce: trade and other business dealing that cross state lines.

Powers Belonging to the States The Constitution does note spell out specific powers of the states.

States retain any power that are not given to the national government in the Constitution.

Schools, marriage, establishing local governments, owning property, licensing doctors and lawyers, and most crimes.

Article IV says that each state must give “full Faith and Credit” to the laws and court decisions of other states.

Criminals cannot escape justice by fleeing to another state.

States cannot discriminate unreasonably against a citizen of another state.

Shared Powers Raising taxes

Building roads

Borrowing money

Federalism: the constitutional system that shares power between the national and state governments.

The Law of the Land Article VI states that the Constitution and the laws flowing from it are the

“supreme Law of the Land.”

This means that a state’s constitution, laws, and judicial decisions must agree with the Constitution.

Everyone who holds a state or federal office must promise to support the Constitution.