The ConstitutionCh5 Sec3

CIVICS/McGuire

What is the Constitution?• The constitution established our

form of government, a republic.

• A republic is a government in which citizens elect their representatives – this idea is called popular sovereignty

Constitution

Preamble Articles Amendments

6 Goals 7 Articles Bill of Rights

Last17 Amendments

How is our Constitution Organized?

Preamble• Introduction to Constitution

• States the goals of our government

Six Goals of Preamble• To form a more perfect union. • To establish justice. • To insure domestic tranquility. • To provide for the Common Defense • Promote the general welfare • To Secure the blessings of liberty to

ourselves and our posterity.

The ARTICLES

• This portion of the constitution follows the Preamble.

• It is organized into 7 parts. • IT is further divided into

subsections called CLAUSES.

Article 1 – The Legislative Branch

•Describes the organization and power of the legislative branch – or CONGRESS. •Congress is divided into two houses •House of Representatives •The Senate.

Most Important Power of Congress• TO make laws. • A proposed law is called a BILL.

• It must gain majority vote in both houses then to the president. If president signs the bill, it becomes law.

• If the president VETOES the bill, Congress must vote again with 2/3 vote. Then it will become a law.

Delegated Powers

• Coin money, declare war, regulate trade

• Congress can make laws that are “NECESSARY and PROPER” for carrying out powers listed. Also, called the “ELASTIC CLAUSE.” • This clause worried anti-federalists and

continues to bother Americans concerned with government abusing power.

Article 2 – Executive Branch• Office of THE PRESIDENT. • Some strengths of a monarch – but

based on consent of people • Have to be elected every 4 yrs • Job is to EXECUTE laws (or carry

out the laws) – NOT make them.

How and why is the President’s Power Limited?

• President in charge of armed forces, but Congress must declare war.

• President makes treaties, but must be approved by Senate.

• President nominates judges, but the senate can reject it.

• Power is limited to avoid abuse of power.

Article 3 – Judicial Branch• Job settle disputes between

states• President nominates JUDGES,

but Senate must approve.• Judges serve for life as long as

they demonstrate good behavior.

Supreme Court• Has the final say in all cases involving

the Constitution. • Appeals can be made in lower courts to

come to the Supreme Court for the final decision.

Article 4 – The States

• Each state must honor the laws of other states.

• States respecting each other’s laws, helps preserve state’s rights and reduce conflicts between states.

Article 5 – Amending the Constitution

• The Framers were aware that the future might change. They included instructions on how to make changes or AMENDMENTS to the constitution. 3/4ths of the states must approve an amendment.

Article 6 – Supremacy of the Constitution

• Supreme Law of Land• Officials in state and national

government take an oath stating the Constitution is the supreme law of the land.

• No state can violate the constitution – if their laws conflict –

• the Constitution takes priority.

Article 7 – Ratification

• The last article of the constitution establishes the procedure for ratification – or APPROVAL, of the constitution.

Amendments• The FIRST TEN AMENDMENTS – are called

the BILL OF RIGHTS. • These were because of the anti-

federalists. • After the Bill of Rights only 17 other

amendments have been added• There are a total of 27 amendments.

How does the Constitution Limit Government Power?• Checks and balances

• Impeach President (president/house)• Ratify treaties (congress/president)• Judges (president/senate)• Interpret Laws (judicial/legislative)

• Separation of Powers

Impeach the President

•The president can be IMPEACHED (accused) by the House of Representatives in a case of serious wrong doing.

Federalism

• The division of power between the states and national government is called FEDERALISM

Concurrent Powers

• Concurrent powers are shared between state and federal governments•Collect taxes•Establish courts

Reserved Powers• Powers neither given to Congress

nor denied to states by the Constitution• establish schools• Form police organizations