The Principles of the Constitution

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The Principles of the Constitution
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What does Constitution mean?

• Written rules of government

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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 prosperity, do ordain and establish this
Constitution for the United States of America.
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Preamble

• Tells WHY the Constitution was written
• Wanted government to be better
• Wanted government to be just
• Wanted government to protect its citizens
• Wanted government to benefit the people
• Wanted government to benefit the future

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Articles

• Set up the national government and tell how it
  will work

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Article 1

• Set up the legislative branch of government

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Article 2

• Set up the executive branch of government

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Article 3

• Set up the judicial branch of government

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Article 4

• States will
• respect and
• honor each
• others laws

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Article 5

• How to amend or change the Constitution

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Article 6

• Constitution is the highest law in the land

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Article 7

• How changes to the Constitution are to be
  ratified or accepted

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Federalism National government and state
government share power
Flexibility A design that permits change
Underlying Principles Of the Constitution
Limited Government The majority can not deny
the rights of the minority
Separation of Powers All of the power is not in
one groups hands
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Federalism
Enumerated Power Powers given to the federal government Concurrent Powers Powers shared by both federal and state govt. Reserved Powers Powers given to the state governments
Pass all laws necessary and proper carry out power Enforce laws Regulate trade and commerce within state
Raise and support army Establish courts Establish local government
Regulate trade with other countries and states Collect taxes Conduct elections, determine qualification of voters.
Coin and print money Borrow money Establish a public school system.
Establish postal system Provide for general welfare of people Provide for the public welfare within the state.
Govern US territories, admit new states, and regulate immigration.
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Federal vs. State Power
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SUPREMACY CLAUSE

• Article VI
• When a national law and state law disagree, the
  national law overrides the state law. The
  Constitution is the Supreme Law of the land.

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SEPARATION OF POWERS
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SEPARATION OF POWERS

• Article I All legislative power herein granted
  shall be invested in the Congress of the United
  States
• Article II The Executive power shall be vested
  in a President of the United States
• Article III The Judicial power shall be vested
  in one Supreme Court and such inferior courts as
  Congress may from time to time ordain and
  establish

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Structure of the Federal Government
Supreme Court
President
Congress

• Judges men and laws
• Nominated by President
• Approved by Senate
• Serve for Life
• 9 members

• Carry out laws
• Veto laws
• Elected 4 yr term

• Make laws
• Override Pres.
• veto

• House of Rep.
• Elected 2 year term
• 435 members

• Senate
• Elected 6 year term
• 100 members

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• There are three branches of government
• LEGISLATIVE (Congress House of Representatives
  and Senate)
• EXECUTIVE (The President of the United States)
• JUDICIAL (The courts)
• Separation of PowersSeparate the powers of
  government among the different branches of the
  government so that no one branch would have all
  the power.
• Each branch should represent the interests of a
  different group in government.
• Balance of PowersBalance the powers among these
  branches so no one branch would have so much
  power it could control the others.

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• On the Legislative Branch
• Can propose laws
• Can veto laws
• Can call a special session
• of congress
• Appoints people to office
• Negotiates foreign treaties

On the Judicial Branch
Executive Branch
Checks Balances

• Appoints federal Judges
• Can grant pardons to federal offenders

• On the Executive Branch
• Can override the presidents veto
• Confirms appointments
• Ratifies treaties
• Can declare war
• Appropriates money
• Can impeach and remove the
• president

• On the Judicial Branch
• Creates lower federal courts
• Can impeach and remove judges
• Can propose amendments to
• overrule judicial decisions
• Approves appointments of
• federal judges

Legislative Branch
On the Executive Branch
On Legislative Branch
Judicial Branch

• Can declare acts of Congress
• unconstitutional

• Can declare executive actions
• unconstitutional

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LIMITED GOVERNMENT
The protection of civil liberties the freedom
of a person to enjoy the rights guaranteed by
the laws or the constitution of a state or
country without any undue restraint by the
government.
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ARTICLE 1, SECTION 9POWERS DENIED CONGRESS

• 9,2 Habeas Corpus Privilege of Habeas Corpus
  cannot be suspended, unless in case of rebellion
  or invasion
• 9,3 Illegal Punishment No bill of attainder or
  ex post facto law shall be passed

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ARTICLE 3, SECTION 3 TREASON

• Section 3, 1 Definition War against the U.S.,
  giving information, aid, or comfort to the enemy
• Two witnesses needed to convict or a confession
• Section 3, 2 Punishment Congress shall have
  the power to declare the punishment for treason

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FLEXIBILTY
intended to endure for ages to come, and
consequently, to be adapted to the various crises
of human affairs Chief Justice John
Marshall James Madison urged his colleagues to
consider the changes which ages will produce.
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Amendments and Liberty

• When the Constitution was first passed many
  states were slow to ratify it, because they did
  not see a provision for Personal Liberties or
  freedoms.
• The first ten amendments, or changes, to the
  Constitution provided for these freedoms and
  guaranteed US citizens certain rights.

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Elastic Clause

• Article I, Section 8
• Congress has the power to make all laws that are
  Necessary and Proper for the enforcement of the
  Constitution.

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Amendment Process
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JUDICIAL REVIEW

• The most important power of the federal courts.
• The S.C. will determine if the application and
  interpretations of the law are keeping with
  Constitutions intent.
• The S.C. is the final voice in interpreting the
  Constitution.
• This strengthened the power of the judicial
  branch against the other two branches.
• Marbury v. Madison (1803)

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OLDEST LIVING CONSTITUTION

• The U.S. Constitution is the oldest written
  national constitution in the world
• Also ability to change, or amend the
  Constitution helps preserve it
• Only 27 Amendments have been added