The Constitution Chapter 3 Sections 3 and 4

Constitution vs. AofC

Sections of the Constitution Preamble- introduction that gives the goals and purpose of government First part of the constitution, opening part Articles- main body that explains how government is set up and will function Middle part of the constitution, main part Amendments- changes added after the constitution was written Last part of the constitution, continually changing

School House Rock Preamble

Article I Set up the Legislative Branch Legislative Branch- makes the laws Set up a bicameral legislature called Congress House of Representatives- state representation based on population Senate- each state has equal representation (2 members) Explains how members of Congress will be chosen, requirements to be a member, and rules they must follow

Article II Set up the Executive Branch Executive Branch- carries out the law Set up the President as the leader of the Executive Branch Explains how President and Vice President will be choose, requirements to be President and Vice President, and rules they must follow Also lists the President and Vice President’s powers

Article III Set up the Judicial Branch Judicial Branch- interprets the laws Set up the Supreme Court and lower federal courts Also lists the powers of the federal courts and describes the cases they may hear

Articles IV-VII Explain the relationship between the national government and state governments

Amendments Changes added to the constitution after it was written Currently there are 27 amendments To amend the constitution there must be a proposal and ratification 2/3rd of Congress (or state legislatures) must approve the proposal 3/4th of states must ratify the amendment for it to be added

Constitutional Principles Necessary and Proper Clause- Congress can use powers not specifically stated in the constitution if it is “necessary and proper” for government Known as “implied powers” Ex. Regulating TV shows so that they can not have profanity, nudity, etc.

Constitutional Principles Popular Sovereignty- government gets its power from the consent of the government Power lies with the people Ex. people elect leaders to run government Rule of Law- the law applies to everyone, even those in power Ex. officials can be removed from for breaking the law

Constitutional Principles Separation of Powers- division of power among government Legislative, Executive, and Judicial Branches have a division of power Checks and Balances- each branch of government is able to check (limit) the power of the others No branch has all the power, they are limited by the other 2 branches

School House Rock 3 Ring Govt

Types of Powers Enumerated/Expressed Powers- powers specifically granted to the national government Ex. declaring war, coin money Reserved Powers- powers not granted to the national government, and therefore reserved for the state governments Ex. education Concurrent Powers- powers that both the national and state governments share Ex. taxing, court system

Types of Powers con’t Implied Powers- Powers the national government (Congress) has even though the powers are not stated in the Constitution Goes with Necessary and Proper Clause (“elastic clause”) Ex. Regulate TV, Radio, Movies, Video Games, Internet, etc. Founding Fathers could not foresee the future so they put this in there

Types of Powers cont Supremacy Clause- any laws made by the national government are the supreme law of the land and must be followed by lower governments (like state and local)

Powers denied to the government Writ of Habeas Corpus- requires police to bring a prisoner to court to explain why they are being held Latin for “Must produce the body” So they can not hold you in prison for a long time without telling you why- it violates your rights Bills of Attainder- law that punishes someone without a jury trial Government can not use this law- it violates your rights Ex Post Facto Laws- laws that make something a crime after it was committed Cannot punish someone for doing something if it was not illegal when they did it