1. THE CONSTITUTION

2. PREAMBLE – GOALS OF THE NEW SYSTEM Form a more perfect union Form a more perfect union Establish justice Establish justice Insure domestic tranquility Insure domestic tranquility Provide for common defense Provide for common defense Promote the general welfare Promote the general welfare Secure blessings of liberty Secure blessings of liberty

3. ORGANIZATION Article I - Legislative Article I - Legislative Article II - Executive Article II - Executive Article III - Judicial Article III - Judicial Article IV - Relationship between states and the national government Article IV - Relationship between states and the national government Article V - Amending the Constitution, Public debts, Supremacy of national law Article V - Amending the Constitution, Public debts, Supremacy of national law Article VI - Oaths of Office Article VI - Oaths of Office Article VII - Ratification process Article VII - Ratification process

4. BASIC PRINCIPLES Popular Sovereignty Popular Sovereignty Limited Government Limited Government Separation of Powers Separation of Powers Checks and Balances Checks and Balances Judicial Review Judicial Review Federalism Federalism

5. Division of Powers The national government is a government of DELEGATED POWERS: The national government is a government of DELEGATED POWERS: ExpressedExpressed ImpliedImplied InherentInherent

6. 1. Expressed Powers Literally expressed in the Constitution Literally expressed in the Constitution Lay and collect taxesLay and collect taxes Coin moneyCoin money Regulate foreign/interstate commerceRegulate foreign/interstate commerce Raise/maintain armed forcesRaise/maintain armed forces Declare warDeclare war

7. 2. Implied Powers Not expressly stated but may be reasonably implied Not expressly stated but may be reasonably implied Article I, Section 8, Clause 18 gives Congress “necessary and proper” power (the elastic clause) Article I, Section 8, Clause 18 gives Congress “necessary and proper” power (the elastic clause) Build dams, transportation of stolen goods or kidnapped victims across state lines, prohibits discrimination – all implied from the expressed power to regulate tradeBuild dams, transportation of stolen goods or kidnapped victims across state lines, prohibits discrimination – all implied from the expressed power to regulate trade

8. 3. Inherent Powers Powers belonging to any national government by virtue of its existence Powers belonging to any national government by virtue of its existence Regulate immigrationRegulate immigration Deport aliensDeport aliens Acquire territoryAcquire territory Extend diplomatic recognitionExtend diplomatic recognition Protect the nation against rebellionProtect the nation against rebellion

9. Powers Denied to the National Government Expressed denials Expressed denials Duty on exportsDuty on exports Deny freedom of speech, press, etcDeny freedom of speech, press, etc Deny speedy trialsDeny speedy trials Cruel and unusual punishmentCruel and unusual punishment Implied denials (because of the Constitution’s silence concerning them) Implied denials (because of the Constitution’s silence concerning them) Public schoolsPublic schools Marriage/divorce lawsMarriage/divorce laws

10. The Exclusive Powers (National Government Only) May be exercised only by National Gov’t May be exercised only by National Gov’t Includes most, but not all, delegated powers of National governmentIncludes most, but not all, delegated powers of National government Expressly denied to the statesExpressly denied to the states Coin money, make treaties, levy import duties Coin money, make treaties, levy import duties Not expressly denied to the statesNot expressly denied to the states Power to regulate interstate commerce Power to regulate interstate commerce

11. Concurrent Powers Exercised by both National Gov’t and the states Exercised by both National Gov’t and the states Lay and collect taxesLay and collect taxes Define crimes/provide punishmentsDefine crimes/provide punishments

12. Reserved Powers (To the states) 10 th Amendment 10 th Amendment All powers not granted to national government or denied to the states belongs to the states or the peopleAll powers not granted to national government or denied to the states belongs to the states or the people

13. Changing the Constitution Two ways to propose – Two ways to ratify Proposing amendments requires: 2/3 vote in Senate and House of Rep Congress calls a convention at the request of 2/3 of state legislatures Ratifying amendments requires: 3/4 of all state legislatures Congress directs special conventions in all the states. 3/4 must approve