The The ConstitutionConstitution

The Constitution:The Constitution:The BasicsThe Basics

• The Constitution is a blueprint for how our government should be run.

• The Constitution’s main purpose is to provide a way to limit the power of government.

• By doing this, it ensure that our rights are protected.

• Provides legalrights to citizens

Principles of the ConstitutionPrinciples of the Constitution

• The Constitution is based on 6 principles:The Constitution is based on 6 principles:

1.) Democratic Rule1.) Democratic Rule

2.) Limited Power of Govt.2.) Limited Power of Govt.

3. Separation of Powers (3 Branches)3. Separation of Powers (3 Branches)

4.) Checks & Balances4.) Checks & Balances

5.) Judicial Review5.) Judicial Review

6.) Federalism6.) Federalism

The Sections of the ConstitutionThe Sections of the Constitution• The Constitution is separated into three parts:The Constitution is separated into three parts:

PreamblePreamble: :

An introduction to the constitution that tells you its purpose.An introduction to the constitution that tells you its purpose.

ArticlesArticles: :

Outline for how the government should be run.Outline for how the government should be run.

There are 7 articles total.There are 7 articles total.

AmendmentsAmendments: :

Legal changes to the Constitution.Legal changes to the Constitution.

There are currently 27 amendments.There are currently 27 amendments.

Quick Write:Create a Preamble

• Please read the preamble to the Constitution in your Constitution Packet.• Next, re-write the Preamble in your own

words.

Example: Example: We the people of the United States, in order to We the people of the United States, in order to formform a a more more perfect unionperfect union…..…..

Mr. Duran’s VersionMr. Duran’s VersionWe the people of the United States, in order to We the people of the United States, in order to createcreate a a better better countrycountry…………

Articles of the ConstitutionArticles of the Constitution

• The Constitution has 7 articles:The Constitution has 7 articles:

Article 1: The Legislative BranchArticle 1: The Legislative Branch

Article 2: The Executive BranchArticle 2: The Executive Branch

Article 3: The Judicial BranchArticle 3: The Judicial Branch

Articles of the ConstitutionArticles of the Constitution

Article 4: State Governments

Article 5: Amendments

Articles of the ConstitutionArticles of the Constitution

Article 6: Constitution as Higher Law

Article 7: Ratification of the Constitution

beClause I Said SobeClause I Said So

• There are three important There are three important clausesclauses in the in the Articles of the ConstitutionArticles of the Constitution

• ClauseClause: a part of the : a part of the Constitution that grants Constitution that grants certain power to peoplecertain power to people or govt. or govt.

Supremacy ClauseSupremacy Clause

• Article VI states that the “Constitution is the Article VI states that the “Constitution is the supreme law of the land.” supreme law of the land.”

• This establishes the Constitution as a higher This establishes the Constitution as a higher law.law.

• In any conflict between national and state law, In any conflict between national and state law, the national law has higher authority.the national law has higher authority.

Necessary & Proper ClauseNecessary & Proper Clause

• In Article I, the Constitution gives Congress the In Article I, the Constitution gives Congress the power to “make all laws that shall be power to “make all laws that shall be necessary & necessary & properproper” for Congress to carry out its duties.” for Congress to carry out its duties.

• Also known as the “Also known as the “Elastic ClauseElastic Clause””

• Arguments over interpretation:Arguments over interpretation:

FederalistsFederalists: Congress should be able to make any : Congress should be able to make any laws that are not specifically forbidden.laws that are not specifically forbidden.

Anti-FederalistsAnti-Federalists: Congress should only make the : Congress should only make the kinds of laws the Constitution mentions.kinds of laws the Constitution mentions.

General Welfare ClauseGeneral Welfare Clause

• ““To provide for the common defense and To provide for the common defense and general welfare general welfare [common good[common good] of the ] of the United States”United States”

• This rule allows This rule allows Congress to pass Congress to pass any law that benefitsany law that benefitsthe common goodthe common good

Powers Granted in ConstitutionPowers Granted in Constitution

• There are 3 types of power granted in the There are 3 types of power granted in the U.S. Constitution:U.S. Constitution:

• Enumerated (Delegated) PowersEnumerated (Delegated) Powers

• Reserved PowersReserved Powers

• Concurrent PowersConcurrent Powers

Delegated PowersDelegated Powers

• Powers held by Federal GovernmentPowers held by Federal Government

• These powers are listed in the U.S. These powers are listed in the U.S. ConstitutionConstitution

• Not all are specifically Not all are specifically stated (clauses)stated (clauses)

Examples: Examples: - Regulate Interstate Trade - Regulate Interstate Trade - Create a Post Office- Create a Post Office

- General Welfare Clause - General Welfare Clause - Coin Money- Coin Money

Reserved PowersReserved Powers

• Powers reserved for the StatesPowers reserved for the States

- These powers are protected by the - These powers are protected by the 1010thth Amendment Amendment

- Not all are specifically stated - Not all are specifically stated

Examples: Examples: - Establish Schools - Establish Schools - Marriage Laws- Marriage Laws- Regulate trade - Regulate trade within border within border

Concurrent (Shared) PowersConcurrent (Shared) Powers

• Powers held by both Federal & State Powers held by both Federal & State GovernmentGovernment

Examples: Examples: - Taxes - Taxes - Law Enforcement - Law Enforcement - Establish Court System- Establish Court System

AmendmentsAmendments

• An An amendmentamendment is a change in the Constitution is a change in the Constitution• In 230 years, the Constitution has only been In 230 years, the Constitution has only been

amended 27 timesamended 27 times

• Example: 13Example: 13thth Amendment (ended slavery), 19 Amendment (ended slavery), 19thth Amendment (women right to vote)Amendment (women right to vote)

• Last amendment: 1992 (stop increases in Congress Last amendment: 1992 (stop increases in Congress salary)salary)

Marbury v. Madison (1803)Marbury v. Madison (1803)

Marbury v. Madison (1803)Marbury v. Madison (1803)

• Marbury named Judge by Adams; Jefferson & Madison refuse to give Marbury his commission (contract)

• Can not become judge w/o commission• Sues govt. for a writ of mandamus• Govt. allowed to author writ according to

Judiciary Act of 1789• However, Supreme Court finds the law to be

unconstitutional• Establishes the power of judicial review

Judicial ReviewJudicial Review

• Any law created by either Any law created by either National or State National or State government is subject to government is subject to judicial reviewjudicial review

• Judicial ReviewJudicial Review: Ability : Ability of Supreme Court to of Supreme Court to review laws and decide if review laws and decide if they follow the they follow the ConstitutionConstitution

• Determines which laws Determines which laws are legalare legal

• Checks powers of the Checks powers of the other branches other branches