Ms. Valentine's Notes

Unit 1

The Constitution
 

Structure

l The Preamble, or introduction, states why the Constitution was written.

l Seven Articles

l Article I establishes the Legislative Branch.

l Article II creates the Executive Branch.

l Article III sets up the Judicial Branch.

l Article IV explains the relationship of the states to each other and to the national government.

l Article V tells how to amend the Constitution.

l Article VI establishes the Constitution as “the supreme law of the land.”

l Article VII addresses ratification of the Constitution.

The third part of the Constitution consists of the amendments.

§       Amended 27 times, the amendment process provides a way for the Constitution to remain responsive to the needs of a changing nation.

Major Principles

n Popular Sovereignty – People are the source of government power.

nFederalism – Government power is divided between the national and state governments.

nSeparation of Powers – Each of the three branches of government has its own responsibilities.

n Checks and Balances – Each branch of government holds some control over the other two branches.

n Judicial Review – Courts have the power to declare laws and actions of Congress and the president unconstitutional.

n Limited Government – The Constitution limits the powers of government by making explicit grants of authority.

Amending the Constitution

•Two Formal Methods

–Step One

•An amendment is proposed by a two-thirds vote of both houses of Congress (this is the only method used to date.)

OR

•An amendment is proposed by a constitutional/national convention called by Congress at the request of two-thirds of the states.

•Step Two

–Three-fourths of the state legislatures ratify the amendment

                                                OR

–Three-fourths of special constitutional conventions called by the states ratify the amendment.

Informal Changes

n Changes through laws – Congress has passed laws that have clarified many Constitutional provisions.

n Changes through practice – Congress has shaped the Constitution by the way it has used its other powers.

nPresidential changes – actions of the President have added the Constitution, such as John Tyler taking over with the death of William Henry Harrison, foreign and domestic affairs.

n Court Decisions – judicial review.

n Customs and usage – political parties.

The Federal System

u The Constitution divided the government authority by giving the national government specified powers, reserving all other powers to the states or to the people.

u The Constitution grants three types of powers to the national government, known as delegated powers.

Three types of delegated powers:

l Expressed powers are those powers that are directly expressed or stated in the Constitution, they are also known as enumerated powers.

Implied powers are those not specifically listed but come from and depend upon the expressed powers.  The basis for the implied powers comes from the “elastic clause” also known as the “necessary and proper clause” which is found in Article I, section 8, clause 18.  The elastic clause states that Congress shall have the power “to make all laws necessary and proper for carrying into execution the foregoing powers…”

Inherent Powers - Are those powers that the government has simply because it is the government.

n Reserved Powers

o Are powers that belong strictly to the states or the people that are not delegated to the national government nor prohibited them by the Constitution.

o To keep the states or the people from over stepping their powers the Founders included the supremacy clause.

The Supremacy Clause

l “This Constitution, and the laws of the United States…shall be the supreme law of the land…”  Thus no state law or state constitution may conflict in any way with national law, and states are not permitted to use their reserved powers to interfere with the Constitution.

Concurrent Powers

l Are those that both the national and state governments have, however each exercise these powers independently.

Denied Powers

o Those powers that the Constitution specifically denies to any and all levels of government.

Guarantees to the States

n The Constitution obliges the national government to do three things for the states.

¨Guarantee each state a republican form of government.

¨Protection from invasion and domestic violence.

¨Respect each states territorial integrity.

Admission of new States

n Congress has the power to admit new states with two restrictions.

¨No state may be made by taking territory from one or more states without consent of the states involved.

¨Acts of admission are subject to presidential veto.

Procedure for admission

o First Congress issues an enabling act, when signed by the president, enables the people of the territory to prepare a constitution.

o The constitution must be approved by popular vote of the people in the area, then submitted to Congress.

o Congress then passes an act of admission.

n Congress or the president may set conditions for admission.

n Once admitted to the Union, each state is equal to every other state.

n All states in the Union are bound to uphold the Constitution.

Interstate Relations

•Article IV requires the states

–Give “full faith and credit” to the laws, records and court decisions of other states.

–Give one another’s citizens all the “privileges and immunities” of their own citizens.

–Extradite criminals and fugitives who flee across state lines to escape justice.