Constitution: An Overview US History

Constitution: Structure of Government Remember: –Declaration of Independence (1776) Declared reasons why the colonies are breaking away from Great Britain –Constitution (1789) Replaced Articles of Confederation ( ) Set up the governmental structure of the country from 1789 on

What is the Document like? It is made up of 5 basic parts: –Explains why the government has the right to rule (preamble). –Creates the structures of the government (presidency, judiciary, legislature) –Describes the powers and assigns them to the right structure. –Limits government power (ex. Article I, Sec. 9). –Sets up a change mechanism (amendment process)

Basic Principles Popular Sovereignty: source of all power to govern comes from the people in the country. Limited Government: Limits on state and national governments and on govt officials. Separation of Powers (thanks, Montesquieu!): Checks and Balances

Flexibility Elastic Clause: Article I, Section 8, Clause 18 –Congress can make all laws “necessary and proper” for carrying out tasks listed in Constitution. Amendment Process: Article 5 –Both Congress and the states must agree to changes in order for them to occur. Judicial Interpretation –Supreme Court and lower federal courts review cases where there might be conflicts between federal laws and the Constitution. –Also includes local, state, and federal laws and executive actions.

Federalism Federalism: division of power between states and national government. –Disputes between national and state governments are settled by courts. –Supremacy Clause (Article 6) makes Constitution, federal laws and treaties superior to state laws.

Know Your Powers! Delegated (aka enumerative): –Powers spelled out in the Constitution for the national government. –Listed in Article 1, Section 8 –Example: only national govt can declare war.

Know Your Powers! Implied Powers –Powers for national government NOT stated in writing. –Elastic Clause (Article 1, Section 8, Clause 18) extends these powers. –Example: implied power to regulate child labor > comes from delegated power to regulate interstate commerce (Article 1, Section 8, Clause 3)

Know Your Powers! Denied Powers –Powers forbidden to the national government. –Powers forbidden to the state governments. –Examples: National government cannot pass an export tax. State governments cannot print money. National and state governments cannot deny people the right to vote based on sex and race.

Know Your Powers! Concurrent Powers –Powers that both national and state governments have. –Example: Power to tax.

Know Your Powers! Reserved Powers –Neither delegated to national government –NOR denied to states. –Therefore, ONLY for the states. –Article 4 –Example: Power to make divorce laws. Power to make marriage laws.

Roadmap Preamble: Purpose of Constitution Article 1: Legislature (Congress) Article 2: Executive (Presidency) Article 3: Judiciary (Courts) Article 4: Relations among States Article 5: Amending the Constitution Article 6: Supremacy of National Govt Article 7: Ratification