The US Constitution Essential Questions: How does the Preamble illustrate American ideals and principles? How have the Declaration of Independence and the US Constitution played a role in the development of America’s national identity? How effective is the US Constitutional democracy? Why was compromise necessary in the creation of the US Constitution?

Structure of the Constitution Preamble: The introduction to the Constitution – states the Founding Father’s intentions for the government established by the Constitution “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 Seven Articles Articles: Sections of the Constitution; each discusses a diff. topic I: Establishes the Legislative Branch (Congress) II: Establishes the Executive Branch (President) III: Establishes the Judicial Branch (Supreme Court) IV: State powers and limits on state powers Sect. 1: Full Faith and Credit Clause – states have to honor the laws of other states Clause 2: Supremacy Clause – the Constitution is the supreme (highest) law in the land

The Seven Articles cont’d V: Amendment process: Three ways to add amendments: 1. Approval from 2/3 of both houses of Congress and sent to states for approval 2. 2/3 of the state legislatures request a constitutional convention to consider an amendment and approved by states 3. Ratification by special convention VI: Federal Government’s powers VII: How to ratify the Constitution

Amendments Additions or changes to the US Constitution 27 Total First 10 called the Bill of Rights

Principles in the US Constitution Definition Example Popular Sovereignty power resides with the citizens (people have the right to rule) Election processes, Impeachment processes, recall elections Federalism Separation of government into federal, state, and local levels US gov’t divides powers between Federal (National) and State levels of gov’t Separation of Powers Political powers are divided between three separate branches of gov’t to prevent one branch from becoming too strong 3 Branches of gov’t (L, E, J) Division of power between Fed, State, and Local gov’ts

Checks and Balances Power of 3 branches to “check” the powers of the other branches to prevent one branch from becoming too strong Example: President can veto bills passed by Congress Limited Government People give power to the gov’t, the gov’ts power is not unlimited Voting on issues, paying taxes, elections

Constitutional Powers Definition Example Enumerated Powers specifically given to the Fed. govt Taxes, national defense, borrow money, coin money, declare war, etc. Reserved Powers reserved for the state governments Establishing local govts, schools, marriage laws, elections, etc. Concurrent Powers shared between the Fed govt and state govts Power to tax, military, court systems, roads, etc. Denied Things Congress cannot do Pass Ex Post Facto Laws Implied Powers given to Congress by the Elastic Clause Healthcare Law

Flexibility “Living Document:” The Constitution has to be able to change and adapt over time as the country itself changes. This is why the Constitution is open to interpretation (strict or loose). Necessary and Proper Clause (Elastic Clause): Article One, Section Eight – says Congress can make laws that are “necessary and proper” to carry out powers. Allows many powers that are not specifically granted in the Constitution