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Structure of the Constitution
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Structure of the Constitution
The Constitution of the United States organizes the basic political institutions of the country Introduction to the Constitution is the Preamble Outlines the goals of the government 7 articles that are split into sections Contains 27 amendments Divides powers between the nation and the states Divides the government into 3 separate branches Creates separation of powers Provides checks and balances It gives us a framework to build and design our government. Each branch can have checks on the other branch in order to balance out that power, and keep one brand from not getting too strong.
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Article 1: Legislative Branch
The legislative branch Makes the laws Broken into 10 sections Congress House of reps Senate Elections and Sessions Housekeeping Pay and Privileges Legislation Enumerated Powers Restrictions on Congress Restrictions on the states The legislative branch is the branch that makes the laws. Now this is the one where the representatives, the senators and the representatives in Congress are there to represent, and make laws for the people. So the founding fathers put this up front, Article I. It is the first thing we talk about, because it is dealing with the representatives of the people. And housekeeping is not taking out the trash, but what are our procedures. How do we run our meetings? How a bill is introduced, and later passes through both chambers. Now these are powers that are given specifically to Congress by the Constitution. And one of the big ones you might think of this is war.
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Article 2: Executive Branch
Enforces the laws 4 sections President and Vice President Presidential Powers Executive Responsibility(enforce laws/pass treaties) Impeachment What is the process to get rid of a official, not only in the executive branch, but in Congress, on the Supreme Court.
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Article 3: Judicial Branch
Interprets the laws 3 sections Federal courts Supreme Court is the supreme law of the land, or the highest court in the land Jurisdiction and judicial reviews Treason It was it was a little bit weaker, mainly because we were afraid. Our founding fathers were afraid of a strong judiciary siding with the executive branch, because in the past a strong judiciary had always sided with the king. What jurisdiction is, it gives the Supreme Court the ability to look at any case that deals with the constitution. But the fact that the Supreme Court has jurisdiction over any constitutional case will allow judicial review to happen, as we'll get to in the next section. The only crime that is specifically outlined in the Constitution, in Article III, section 3.
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Articles 4-7: The Federal System
#1: Full faith and Credit #2:Privileges and Immunities #3: Equal Footing #4: The Guarantee Clause Article 5: Amending the Constitution Article 6: The Supreme law of the land Article 7: Ratification Amendments: Changes to the Constitution First 10 aka. Bill of Rights #1: Meaning that laws in other states have to be respected. #2: Citizens of one state are protected when they go into others. #3: No one's status is larger or more powerful than another. #4: The guarantee clause guaranteed a republican government will be in the states. Article VI is the Supremacy Clause where the Constitution is the supreme law of the land. Article VII we wrote the Constitution, the founding fathers at the Constitutional Convention, then they put in Article VII what needs to be done to pass this and make it official. Amendments are changes to the Constitution The first 10 are known as the Bill of Rights. Those are James Madison's creations to protect our liberties and freedoms.
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Review The Constitution is Composed of Preamble Articles 1-7
Bill of rights/amendments Articles 1-3 Legislative branch Executive Branch Judicial Branch Articles 4-7 Making the Federal system work
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Separation of Powers in the Constitution
Legislative Branch Makes laws Article 1 #1: all legislative powers herein granted shall be vested in a Congress, which consists of a Senate and a House of Rep.s Enforces laws Executive Branch Article 2 #1: The executive power shall be vested in a President of the USA Interprets laws Judicial Branch Article 3 #1: The judicial power of the US, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish
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Article 1: Legislative Branch
Powers and functions given to the legislative branch include: Lay and collect taxes Borrow money Regulate commerce(interstate) Coin money Establish post offices Declare war Raise and support the military Make all “necessary and proper”(This is known as the Elastic Clause) laws They coin money, the US Mint, for the dollars and the coins. So when we talk about supporting the military, what you are generally talking about is money, paying for it, funding it. The Elastic Clause was written in there to give the Constitution, to give lawmakers, the ability to stretch the interpretation of the Constitution as needed throughout time, as the country continues to grow.
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Article 2: Executive Branch
Powers and functions given to the Executive branch include: Commander-in-chief of the Army and Navy Granting pardons Making treaties Appointing ambassadors(cabinet heads, judges to the Supreme Court) Make temporary appointments to offices that require Senate approval Deliver State of the Union message(to the Senate to keep them informed) “take care that the laws be faithfully executed” The President's job, the executive branch's job, to enforce laws.
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Article 3: Judicial Branch
Powers and functions given to the Judicial branch include: Right to handle “cases arising under this Constitution” Judicial review Power to void laws Handle cases arising under the Constitution. Not a lot is said about the judiciary. It was left a little vague as to what its role would be. Supreme Court Justice John Marshall. And now he, when you go to Washington, DC, if you go to the Supreme Court building, right inside there's a huge statue of John Marshall. He is the Supreme Court justice, the chief justice who gives the Supreme Court its identity through an 1803 known as Marbury v. Madison. His ruling in this case sets the court up for what they're going to do from 1803 up until present day. The ruling in the Marbury v. Madison case established judicial review. The court now, the Supreme Court has the chance, the opportunity, the power, to review laws passed by the legislative branch, or executive orders, executive actions.
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Review Legislative Branch Makes laws “necessary & proper”
Executive Branch Enforce laws “faithfully execute” Judicial Branch Interpret laws Judicial Review
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Checks and Balances Legislative Checks on executive branch Impeachment
Override president vetoes(2/3 majority) Senate approve president appointments Senate approve treaties Declare war Enact taxes & allocate funds President report on the state of the Union to Congress Checks on Judicial branch Senate approves federal judges Initiate constitutional amendments(21) Set jurisdiction of courts Checks on itself Bills must be passed by both chambers of Congress House must originate revenue bills Neither chamber may adjourn for than 3+ days without consent of the other
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Checks and Balances Executive Checks on legislative branch
President has veto power Call special sessions of Congress Recommend laws President is commander-in-chief of the military Checks on Judicial branch Appoint judges Pardon for federal crimes
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Checks and Balances Judicial Checks on legislative branch Judicial review Declare laws unconstitutional Seats are held on “good behavior” Compensation can’t be diminished Checks on executive branch Declare executive orders unconstitutional Chief justice presides during impeachment of the president Lifetime appointments Bill of Rights: The first ten amendments to the Constitution. checks and balances:Limits imposed on each branch of government by giving each branch a measure of influence over the other branches. separation of powers: The doctrine that individual branches of government have unique powers that the other branches cannot infringe upon. void: To invalidate, nullify. Interstate: So state-to-state, also foreign commerce. Commerce: is trade.
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Review Executive Judicial Checks Legislative
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The first 10 amendments to the Constitution are known as __________.
the Bill of Rights
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The introduction of the US Constitution is called the
Preamble
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All of the following statements about Article II of the Constitution are TRUE except:
Article II is broken into ten sections.
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The __________ in the Constitution gives Congress the flexibility to make all “necessary and proper” laws. D. Elastic Clause
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All of the following statements about the Constitution are TRUE except:
It divides powers between the nation and states. C. It divides the government into three separate branches. D. It organizes the basic political parties found within the country.
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What is judicial review?
The power of the Judicial Branch to review laws, Executive orders, and Executive acts to ensure that they are Constitutional.
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The introduction to the Constitution is called __________.
B. the Preamble
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All of the following statements about Article I of the Constitution are TRUE except:
D. Article I gives the Senate authority over the House of Representatives.
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Which document, signed by King John in 1215, was important for the United States government?
the Magna Carta
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Bill of Rights: The first ten amendments to the Constitution.
checks and balances:Limits imposed on each branch of government by giving each branch a measure of influence over the other branches. separation of powers: The doctrine that individual branches of government have unique powers that the other branches cannot infringe upon. void: To invalidate, nullify. Interstate: So state-to-state, also foreign commerce. Commerce: is trade.
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#1: Meaning that laws in other states have to be respected
#1: Meaning that laws in other states have to be respected. #2: Citizens of one state are protected when they go into others. #3: No one's status is larger or more powerful than another. #4: The guarantee clause guaranteed a republican government will be in the states. Article VI is the Supremacy Clause where the Constitution is the supreme law of the land. Article VII we wrote the Constitution, the founding fathers at the Constitutional Convention, then they put in Article VII what needs to be done to pass this and make it official. Amendments are changes to the Constitution The first 10 are known as the Bill of Rights. Those are James Madison's creations to protect our liberties and freedoms.
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