The Constitution of the United States of America

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The Constitution of The United States of America

The Preamble – Explained

“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 Posterity, do ordain and establish this Constitution for the United States of America.”

The Preamble is the ______introduction______our Constitution.

It is a long list of ______goals______for the Constitution.

The Preamble is written from the perspective of the ______people______.

In other words, this is what the Founding Fathers believed the ______government______should do for the ___people____.

Preamble Phrase / Meaning
We the People of the United States, / In 1787, “We the People” actually only referred to ____white males______. Because of the 13th, 14th, 15th, 19th and 26th Amendments, it now refers to all people who are __citizens of the United States______.
in Order to form a more perfect Union, / When the 13 colonies first broke away from Great Britain, the first government they created was the _Articles of Confederation______.
Under the Articles of Confederation, each state retained most of its power. The federal government didn’t even have the power to collect any taxes______. Without the power to collect taxes, the government could not even pay for a national army. It was as though each state thought of itself as its own separate _country______. At the Constitutional Convention, the delegates decided that the Articles could not be fixed and that they needed to create a whole new document. This document became our __Constitution______.
Establish Justice,
Insure domestic Tranquility / Justice- treating citizens equally, national system of courts to protect people’s rights
What does the United States government DO to insure domestic tranquility?
Police force, national guard, laws
Provide for the common defence,
Promote the general Welfare / How does the United States government provide for the common defence?
Federal government maintains armed forces to protect the country and its citizens from attack
General Welfare- Well-being of the people (maintains order, protect liberties, regulate trade, etc.
and secure the Blessings of Liberty to ourselves and our Posterity, / Blessings of Liberty – American’s basic rights, individual liberties not taken away
Posterity –generations not yet born (future citizens)
do ordain and establish this Constitution for the Unites States of America / Ordain –order by decree or law

Seven Major Principles of the Constitution

1. Popular Sovereignty

1. Popular sovereignty is the idea that the government gets its _power______from the people.

2. The Declaration of Independence states that people have certain _unalienable______rights and that if a government doesn’t meet their needs; the people have the right to __alter______or _abolish____ it. This is often referred to as a __contract or agreement___ between the people and the government.

3. The people carry out their ruling power by exercising their right to _vote_____ and choosing their __representatives or government leaders______.

2. Limited Government

1. The colonists had lived under strict rule by the _King______. To avoid such __tyranny (abuse) ___ in their new government, the framers used the principle of _limited government_.
2. The government has only the _powers______that the _constitution______gives it.
3. The framers believed in the idea of the “rule of law.” This is the idea that __no one______, not even the president is __above _____ the law.
4. The most important limits on government are set out in the ____Bill of Rights______. This is the first _10___ amendments of the Constitution. In these amendments, the Constitution guarantees the individual freedoms of the people.

3. Federalism

1. Federalism is a form of government that divides power between the _federal (national)____ government and the __states______.
2. The Constitution gives some powers to the federal government, while giving other powers to the __states______.
3. Powers not clearly given to the __federal government__ belong to the _____states______.
4. Some powers are shared. These shared powers are also referred to as ______concurrent______powers.
5. Delegated Powers- powers specifically given to the federal government

1. Reserved Powers – powers that the states keep or retain

1. Concurrent Powers- powers shared by the federal government and the states

(taxes, trade, public safety etc.)

4. Separation of Powers

1. To further limit the power of the government, the Constitution divides the government into __3___ branches.
2. _Legislative branch_ makes the laws, __Executive Branch__ enforces the laws and __Judicial branch______interprets the laws.

5. Checks and Balances

1. This system protects against __abuse___ of power.
2. Each branch has the power to check or __limit______the action of the other two.
3. This ensures that no one branch of the national government gains too much __power______.

6. Republicanism

1. Our Constitution provides for a republican form of government. This allows citizens to _elect/chose______representatives to carry out their will.
2. Elected representatives __vote______according to their own values, but must remain open to the __opinions/values/ideas______of the people that they represent.

7. Individual Rights

1. The Constitution protects individual rights such as freedom of __speech______, _freedom______of religion and the right to _trial______by jury.
2. In 1789 the new Congress drafted the ___Bill of Rights______which guaranteed individual rights.
3. The Bill of Rights became part of the Constitution in 1791. It is the first _10____ amendments.

The Three Branches of Government

The Legislative Branch – Article 1

1. The _Senate_____ and the __House of Representatives__ make up this branch. They have the power to __make______the laws. Together they are known as __Congress______.

A. House of Representatives

1. The House of Representatives has _435_____ members which are elected for __2__ year terms. The greater the _population______, the more representatives a state can have.

2. Representatives must be __25_____ years old, a United States citizen for _7___ years and live in the __state______that elects them.

B. Senate

1. The Senate has _100_____ members that are elected for ___6______year terms. Each state has _2______senators.

2. Senators must be __30_____ years old, a United States citizen for _9____ years and live in the _state______that elects them.

C. Powers of Congress

1. The most important power of Congress is to _pass______the nation’s laws, but they have other powers. Most of these powers are listed in Article 1, Section 8.

2. Tax bills must originate in the _House of Representatives______and then be approved by both the House and the Senate.

3. Impeachment is bringing charges against an official. _House of Representatives______has the power to impeach and ____Senate______serves as the jury during the trial. Only two presidents have been impeached (Andrew Johnson and Bill Clinton)

4. Not all the powers of Congress are specifically listed. Article 1, Section 8, Clause 18 is known as the __elastic clause______because it enables Congress to __extend_____ its powers to deal with the changing needs of the __country______.

5. To deal with the problem of thousands of bills being introduced each year, Congress relies on committees______. Some are permanent or _standing______committee that deal with specific topics. (Agriculture, defense, education, transportation, etc.)

The Executive Branch – Article 2

1. The ___President ______and ___Vice-President______make up the executive branch. They are charged with the main duty of ___carrying out (enforcing)____ the laws and running the affairs of the _federal___ government.

A. Requirements for President

1. The president must be __35___ years old, and be a __natural-born______United States citizen.

B. The President

1. The President has many roles: as the highest elected official, he represents all Americans as _Chief of State______. He proposes new __laws___ as Chief Legislator and works for their passage. As Commander in Chief, he is in charge of the _armed forces______. He directs our nation’s ___foreign______policy and has the power to make treaties as our Chief Diplomat.

2. The President is elected to a _4___ year term. The 22nd amendment says that the President may be elected to no more than __2______complete terms or 10 years.

3. The President has a __cabinet______made up of 15 members that help him run the country (Defense, State, Homeland Security, etc.)

4. The method for selecting the President is complicated. It is known as the electoral college__. When you vote for President, you actually vote for a group of __electors______who are pledged to the candidate. The number of __electors_____ for each state depends on the __number______of its Senators and Representatives. The candidate that wins a ___majority_____ of the electoral vote wins the Presidency. They need __270___ votes.

The Judicial Branch – Article 3

1. The Constitution establishes the __Supreme Court__ and authorizes Congress to establish other courts as needed. Under the __Judiciary__ Act of 1789, Congress set up the judicial system we still have today.

2. The highest court is the __Supreme Court____. It is made up of a ___Chief______justice and ___8______Associate Justices. They are appointed by the President_____ but must be approved by ____Congress____. Supreme Court justices sever until they _retire___, ____die______or are removed from office.

3. The Supreme Court is the nation’s __highest___ court of appeals. It hears cases that have been tried and appealed in lower courts. Because its decisions are final, it is known as “the court of ____last______resort_____.

4. The greatest power of the Supreme Court is to decide what the constitution means. It asserted the right to declare acts of Congress or the President _unconstitutional_____ early on in our history. This is called __judicial review_____. It was established by the Supreme Court case of __Marbury______vs. _____Madison______.

Checks and Balances

Each branch can check or limit the power of the other branches. Helps maintain a balance of power between the three branches

1. Congresses’s most extreme check on the President is it’s power to _impeach__ the President from office.

2. The President can check Congress by _vetoing___ a bill it has passed.

3. Congress can check the President by __overriding__ a veto of a bill.

4. The Supreme Court can check the President and Congress by declaing a law ___unconstitutional__.

Define the following terms

5. Veto –cancel

6. Override –cancel a veto; requires 2/3 vote of Congress to go above the President’s veto

7. Unconstitutional–goes against the constitution

8. Judicial review –right of the Supreme Court to review laws to determine their constitutionality

Articles 4-7

Article 4 – Relations Among the States

1. Article 4, Section 2 requires each state to treat _citizens _ of ___other states___ as it treats its won citizens.

2. According to Article 4, Section 3, the power to admit new states belongs to __Congress______.

3. What must the federal government guarantee each state according to Article 4, Section 4:

a _Republican___ form of government in which they choose their representatives

protection from ___foreign invasion______

protection from domestic ___violence______

Article 5 – Amendment Process

The Constitution isknow as a living document. The Amendment process provided for in Article 5 is one way that the Constitution is able to change to meet the needs of our nation.

1. The Amendment Process was made very _difficult_____to discourage frequent changes to Constitution. Over __9,000______ amendments or changes to the Constitution have been proposed since 1788, only __27_____ of them have actually become part of the Constitution.

2. Adding an amendment requires 2 steps:

a. __Proposal____ by 2/3 of Congress or a national convention called by Congress at the request of 2/3 of the state legislatures

b. __Ratification__ by ¾ of the state legislatures or special convention in ¾ of the states

The Bill of Rights

Amendment 1 – Basic Rights (RAPPS)Amendment 6 - Right to trial by __jury______

Amendment 2 - Right to bear __arms_____Amendment 7 – Jury Trial in Civil Cases

Amendment 3 - Quartering_____ of troops in homesAmendment 8 - ____Bail and Punishment____

Amendment 4 - Illegal __search and seizures______Amendment 9 – Powers reserved to __People_

Amendment 5 - Rights of the __accused______Amendment 10- Powers Reserved to States

Other Important Amendments

1. Amendments 13-15 are known as the “Civil War Amendments” or “The Reconstruction Amendments”.

Amendment 13 - _aboliton of Slavery______

Amendment 14 - ___rights of Citizens (former slaves) ______

Amendment 15 - ______Voting Rights______-_______

2. Voting rights were extended to more people with the 19th and 26th amendments. Who did they give voting privileges to?

Amendment 19 –Women

Amendment 26 –18 year olds

3. Other Amendments

Amendment 16 – established income tax

Amendment 18 –Prohibition of Alcohol

Amendment 25 –Presidential Succession

Article 6 – National Supremacy

1. Article 6, Section 2 states that the supreme law of the land is the __Constitution_____ and federal laws.

2. This is known as the __Supremacy______clause.

Article 7 – Ratification

1. Artcle 7 provided for a method for the approval or __ratification ______of the new Constitution. ____9_____ of the 13 states had to approve it before it could go into effect.

2. By October of 1788, enough of the states had approved the Constituition in special conventions.

Citizen’s Rights and Responsibilities

A. Due Process

1. The _5th_____ Amendment states that no person can be deprived of life, liberty and property without due process of law.

2. Due Process of Law –government must follow procedures established by law and guaranteed by the Constitution

B. Equal Protection

1. All _citizens______have the right to be treated the same under the _law______.

2. According to the _14th_____ Amendment all Americans regardless of race______, __religion_____, or _political beliefs_____have the right to be treated the same under the law.

C. Basic Freedoms

1. Involves the liberties guaranteed in the _1st____ Amendment

2. Rights can be limited:

a. Times of War

b. If it interferes with the rights of others

D. Becoming a citizen

1. Natural Born - Anyone born within the borders of the United States or its holdings

2. Naturalized – –Foreigners who apply for citizenship

a.18 or olderd.Pass a naturalization Test

b. Understand English and Principle of our govt.e.Lawful resident of US for 5 years

c.Give up allegiance to a foreign country and promise to obey Constitution

E. Duties and Responsibilities

As citizens of the United States, we are expected to carry out certain _duties_____ and _responsibilities______. Fulfilling both our duties and our responsibilities helps to ensure that we have a good government_ and that we continue to enjoy our _rights____.

1. Duties –Things that we are required to do2. Responsibilities–Things that are voluntary

a. Obey the Lawa. Know what government is doing

b.Pay Taxesb. Be informed about rights

c. Defend the Nation (Selective Service (males 18)c. respecting the rights of others

d. Serve on Juriesd. VOTE – Most Important

Comparing TheArticles of Confederation and The U.S. Constitution

Articles of Confederation / U.S. Constitution
Who had the Power / States have all power / Fed. Gov’t has more powers
Legislative (Congress) / One House / Two House
Executive (President) / No / Yes – President
Judicial (Courts) / Only state courts / Yes – Supreme Court
Relationship among States / Confederacy (Loose Alliance) / Union (Tight Bond)
Checks and Balances / No / Yes
Representation / Each state had one vote / Senate – 2 per state
House – Based on Population
Raising Taxes / Could only request states pay taxes / Congress can collect taxes
Trade / No Control / Congress controls interstate trade
Amendments / 13 out of 13 (Unanimous) / 2/3 of Both Houses
¾ of States ratify
Raising an Army / No power, relied on states / Congress can raise an army
Passing Laws / 9/13 needed / Majority (50% + 1)