1. The Constitution

2. John Locke English philosopher Social Contract Theory
People give power to govt. for rights & protection
3 Natural Rights
Philosophies were used as basis for US govt. 2

3. John Locke's 3 Natural Rights
Life: Survival; safety
Liberty: Freedom; make own decisions
Property: Own things for: Survival (land) Economic Gain ($$$) Make life easier 3

4. Constitution: Basics Blueprint to run govt. Limit govt.’s power
Provides legal rights to citizens

5. Sections of the Constitution
The Constitution is separated into three parts:
Preamble:
Introduction; tells you its purpose
Articles:
Outline; 7 total.
Amendments:
Legal change; 27 total.

6. Articles of the Constitution
The Constitution has 7 articles:
Article 1: The Legislative Branch
Article 2: The Executive Branch
Article 3: The Judicial Branch

7. Articles of the Constitution
Article 4: State Governments
Article 5: Amendments

8. Articles of the Constitution
Article 6: Constitution as Higher Law
Article 7: Ratification of the Constitution

9. beClause I Said So
There are three important clauses in the Articles of the Constitution
Clause: section of Constitution that grants power to people/govt.

10. Supremacy Clause
Article VI: “Constitution is the supreme law of the land.”
Constitution = higher law
Any conflict between national and state law, national law has higher authority.

11. Elastic Clause
Article I: Congress has power to “make all laws that shall be necessary & proper” to perform their duties.
Congress can ‘stretch’ their power
Examples??
Also known as the “Necessary & Proper Clause”

12. Elastic Clause Arguments over interpretation:
Federalists: Make any laws that are not forbidden.
Anti-Federalists: Make only laws that are mentioned.

13. Eminent Domain
“To provide for the common defence and general welfare [common good] of the United States”
In 5th Amendment
Can take property
Equitable pay
Use for common good

14. FLAGSTAFF LAKE, C. 1949

16. Commerce Clause

17. Powers Granted in Constitution
Delegated Powers
Reserved Powers
Concurrent Powers

18. Delegated Powers Powers by Natl. Govt. Listed in Constitution
Enumerated, or in clauses
Examples: - Regulate Interstate Trade - Create Post Offices
- Commerce Clause - Coin Money

19. Reserved Powers Powers of states Protected by 10th Amendment
Examples: - Establish Schools - Marriage Laws - Regulate trade within border

20. Concurrent Powers Powers of natl. & state govts.
Examples: - Taxes - Law Enforcement - Establish Court System

21. Limiting Power Checks & Balances Separation of Powers
Legislative Limits:
Ex Post Facto
Habeas Corpus
Bills of Attainder
Terms of Office
Annual Elections

22. Amendments An amendment is a change in the Constitution
In 230 years, the Constitution has only been amended 27 times
Example: 13th Amendment (ended slavery), 19th Amendment (women right to vote)
Last amendment: 1992 (stop increases in Congress salary)

23. Marbury v. Madison (1803)
VS.

24. Marbury v. Madison (1803) Adams names Marbury judge
Madison refuses to give him commission
Writ of Mandamus
Judiciary Act of 1789
Act unconstitutional
Establishes judicial review

25. Judicial Review Natl. & State laws under judicial review
Judicial Review: power of Supreme court to determine constitutionality of laws
Legal v. Illegal actions
Checks other branches