The Constitution: Structure and Principles Mr

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The Constitution: Structure and Principles Mr The Constitution: Structure and Principles Mr. Rosenstock Government San Fernando High School The Constitution is the highest form of law in the United States.

The U.S. Constitution The Founders created the Constitution to set up a republic power held in elected representatives. set up a separation of powers to ensure this. Our government’s success depends on its citizens being informed. understanding of the constitution is key to understanding American government.

The U.S. Constitution The Constitution is a blueprint, or guide, for government but does not spell out every aspect of how government will function. The Constitution contains 7,000 words and is divided into three parts: the Preamble the articles and the amendments.

Structure of the Constitution or, how the document is set up.

The Preamble The introduction, which states why it was written. The founders wanted a government which would: 1. provide stability and order, 2. Protect citizen’s liberties, 3. Serve the people.

The Articles There are seven divisions, or articles, which cover a general topic. Article I establishes the legislative branch, procedures for making laws, and powers Congress does and does not have.

The Articles Article II creates an Executive branch to carry out and enforce the laws passed by Congress. Consists of a President and Vice President Article III establishes a Supreme Court to head the judicial branch. The judicial branch interprets the law and decides whether laws are constitutional.

The Articles Article IV explains the relationship of states to one another and to the national government. Each state must give citizens of other states the same rights. The national government will protect the states against invasion.

The Articles Article V states how Amendments to the Constitution may be proposed and ratified in two ways. Amendments are changes to the Constitution that are added in after it was originally written The process illustrates the federal system of American government. They are proposed on a national level but they are ratified on a state-by-state basis.

Article V Proposing Amendments to the Constitution 1) An amendment can be proposed by a two-thirds vote of each house of Congress. or 2) A constitutional convention called by congress at the request of two-thirds of the states. (This method has never been used.)

Article V Ratifying Amendments Ratify – to approve a proposal 1) An amendment can be ratified by three-fourths of the 50 state legislatures. or 2)Three-fourths of special constitutional conventions called by the 50 states. The amendment becomes part of the constitution upon ratification

The Articles Article VI contains the supremacy clause, establishes the Constitution as the “Supreme Law of the Land” All other laws (including state laws) are subordinate to it

The Amendments The final part is the amendments, or changes. It has been amended or changed 27 times in our nation's history. The process provides a way to meet the needs of a changing nation

Six Major Principles The Constitution rests on six principles (ideas) of government: these principles are the basis for how our government is designed to function

Popular Sovereignty The people are the source of government power

Federalism Power is shared between the national and state governments Each has powers that they have alone, but there are several powers they share

Separation of Powers Each of the three branches of government has its own responsibilities. The Founders hoped this would prevent any one branch from gaining too much power.

Checks and Balances Each branch holds some control over the other branches.

Judicial Review Courts have the power to declare laws and actions of Congress and the President unconstitutional. This was established by Marbury v Madison in 1803. A decision can only be changed by another Court decision or an Amendment.

Limited Government The Constitution limits the powers of government by specifically listing powers it does and does not have.