THE US CONSTITUTION (#1B) Details the structure of a government Oldest national constitution in use today Although short…it describes the structures/powers of the national government AND The relationship b/t the national & state govts

Basic Principles w/in the Const Limited Government Popular Sovereignty Separation of Powers Checks & Balances Federalism

CHECKS & BALANCES Each branch can limit the power of the other 2 *legislative, executive, judicial Senate approves or rejects presidential appointments to the Supreme Court Slows change & encourages compromise Not one branch is completely independent Congress makes laws / POTUS can veto POTUS veto / Congress veto with 2/3 vote POTUS negotiates treaty / Senate ratifies POTUS nominates SC Justice / Senate approves SC declares unconstitutional / Congress can make an amendment to reverse that charge HR impeach POTUS/justices, the Senate removes with 2/3 vote

CHECKS & BALANCES (fr the Constitution…) Stop tyranny / Restrain irresponsible majorities Sup Ct - judicial review *declare laws/presidential acts unconstitutional Congress can propose an amendment to reverse a Sup Ct ruling HR can impeach Sup Ct justices & the President Senate can do it with a 2/3 vote

PART I – CONSTITUTION PREAMBLE Remember…thes e are the goals of the government!!!

Article I – Legislative Branch Article II – Executive Branch Article III – Judicial Branch Article IV – Intergovernmental Relationships Article V – Amendment Process Article VI – Supremacy of the Constitution Article VII – Ratification Process PART II – CONSTITUTION ARTICLES

LEGISLATIVE BRANCHPasses laws!!! CHECK over the ExecutiveCHECK over the Judiciary Override POTUS veto by 2/3 of both houses Creates lower federal courts May impeach/remove president from office Sets salaries of federal judges Senate may refuse to confirm POTUS appointments/treaties May refuse to confirm judicial appointments Creates executive agencies & programs May propose constitutional amendments to override court decisions Appropriates funds $$$May impeach/remove federal judges

Executive BranchEnforces laws!!!! POWER OVER LEGISLATIVE POWER OVER JUDICIARY May veto acts of Congress Appoints federal judges May call special sessions of Congress May grant reprieves/pardons to federal offenders May recommend legislation May refuse to enforce court decisions

Judicial BranchInterprets laws!!! POWER OVER LEGISLATURE POWER OVER EXECUTIVE May rule legislative acts unconstitutional May rule executive actions unconstitutional Chief Justice presides over impeachment of president

PART III – CONSTITUTION AMENDMENTS There are formal and informal ways to amend the Constitution…tha t is a BIG DEAL!!! 1 – religion, speech, press, assembly, petition 2 – bear arms3 – quartering troops 4 – search, seizure, warrants 5 – due process6 – speedy, public trial & attorney 7 – right to a jury in civil cases 8 – cruel & unusual punishment 9 – unenumerates rights of the ppl 10 – reserves powers to the states 11 – restricts lawsuits against states 12 – Electoral College 13 – abolishes slavery 14 – equal protection, citizenship 15 – right to vote to a citizen 16 – income tax17 – direct election of senators 18 – prohibits alcohol 19 – women can vote 20 – “lame duck”21 – repeals 18 th, alcohol legal 22 – sets POTUS terms 23 – DC can vote24 – no poll tax 25 – POTUS out of office 26 – 18yr olds can vote 27 – congressional pay

FORMAL amendment process Anticipated the need to change the Const Bill of Rights in 1791 (#1-10) other 17 over 220 years!!! Requires both STATE and NATIONAL action Proposal = national / Ratification = state (2 ec) Proposed by 2/3 ec house / Rat by ¾ state legislatures (used 26 times) Proposed by 2/3 ec house / Rat by special conventions in at least ¾ of the states (used once for 25 th ) Proposed by a natl convention called by Congress at request of 2/3 of the state legislatures / Rat by ¾ state (never used) Proposed by a natl convention / Rat by special conventions in at least ¾ states (never used)

INFORMAL amendment process Legislative actions (Judiciary Act of 1789 thru Art III) Executive actions (executive agreements rather than treaties bypasses the Senate) Judicial Interpretations aka JUDICIAL REVIEW (Marbury v Madison 1803 and it NOT mentioned in the Constitution) Custom & usage (Senatorial courtesy, “no third term” tradition)

Marbury v Madison (1803) Election of 1800 Adams v Jefferson “lame duck” Congress New judicial positions Marbury wanted Justice of the Peace Madison was Sec of State Writ of Mandamus Est Judicial Review First time to declare UNconstitutional