1. Chapter 3
The Constitution

2. Structure Constitution is simple and brief
Establishes structure and power of government but does not spell out every function
Founders left it to future generations to work out these details as they arose
Divided into 3 parts
Preamble
Articles
Amendments

3. Preamble States why Constitution was written
Founders indicated that they wanted gov’t that would:
Provide stability and order
Protect citizen’s liberties
Serve the people
“To form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty”

4. Seven Articles Article I: est legislative branch
Section 1: creates Congress
Section 2 &3: details about two houses of Congress
Article II: creates executive branch to carry out laws
Section 1: Detail powers & duties of President, qualifications of office and procedures for election
Article III: est judicial branch
Section 1: est supreme court & lower federal courts
Section 2: jurisdiction (authority) of courts to rule on cases
Section 3: defines treason against U.S

5. Seven Articles
Article IV: explains relationship of the states to one another and national gov’t
Requires each state gives citizens of other states same rights as their own
Addresses admitting new states
Nat’l gov’t will protect states against invasion or domestic violence
Article V: ways Constitution can be amended/changed
Article VI: supremacy clause
Constitution, laws of Congress and treaties of U.S shall be “supreme Law of the Land”
Article VII: ratification

6. Amendments
Constitution has been amended 27 times throughout nation’s history
Amendments are reason the Constitution, written over 200 yrs ago, can remain responsive to needs of changing nation

7. Major Principles Constitution rests on 6 major principles of gov’t
Popular sovereignty
Federalism
Separation of power
Checks and balances
Judicial review
Limited government

8. Major Principles Popular Sovereignty: rule by the people
U.S gov’t based upon consent of the governed (people)
Federalism: power divided between nat’l & state gov
Gives U.S flexible system of government under which national gov’t has power to act for country while states have power over local matters
Separation of Power: each branch of gov’t has responsibilities

9. Major Principles
Checks and balances: each branch of gov’t has form of control over the others
Congress passes law: president can check Congress by vetoing legislation
Congress can override veto by 2/3 vote of each house
Federal courts restrain Congress by ruling on constitutionality of laws
Power of judicial branch checked by presidential appointment of judges
Presidential power balanced by Constitutions requirement that Senate approve appointments

10. Major Principles
Judicial review: power of courts to declare laws and actions of local, state, national gov’t invalid if violate Constitution
Marbury v. Madison (1803): est precedent for federal courts to rule on actions of gov’t
Limited government: Constitution limits actions of government by listing specific powers it does & does not have
First 10 amendments set limits on freedom of expression, personal security & fair trials

11. Three Branches of Government

12. Legislative Branch
Founders expected Congress to become the most important branch
In order to avoid abuse of power created expressed power- powers directly stated in the constitution
Most are found in Article I, Section 8- also called enumerated powers
Economic legislation
Defense
Others: naturalization, post offices, est courts, DC, ect.

13. Legislative Branch Final enumerated power known as elastic clause
Congress has right to make all laws “necessary and proper” to carry out the powers expressed in other clauses of Article I
AKA: Congress has the right to make any laws necessary to carry out other powers
Called elastic clause because Congress can “stretch” its powers to meet situations Founders never anticipated

14. Congress then and Now First home was in Manhattan, NYC
permanent committees
Today 23 in House and 23 in Senate
Senate introduced 5 bills, the House introduced 26
Today over 10,000 bills yearly
Legislators worked part-time & did not sit in continuous session until 20th century

15. Executive Branch Head of executive branch
Founders recognized need for strong executive & also distrusted direct participation by people to make decisions
Constitutions grants President broad but vaguely described powers
Powers can be interpreted in different ways
Example: can fire officials in the executive branch and make agreements with foreign nations- neither specifically mentioned in Constitution
Article II, Section 2 + 3: list specific powers of president

16. Presidency Then and Now
Very relaxed schedule- Washington would advertise in newspaper time to entertain visitors
Schedules set minute by minute
Held tea parties on Friday evenings
Holds meetings on a tight schedule- often working into the night
Handful of advisers and staff
In charge of 100s of White House staff, military and all executive branch employees

17. Judicial Branch Federal courts & state courts
Every court has authority to hear only certain cases-known as jurisdiction
Two factors determine jurisdiction of federal courts:
Subject matter of case
Parties involved in case
Federal courts hear cases dealing with laws, treaties, interpretation of Constitution, bankruptcy & maritime law

18. Federal Courts Then and Now
When Federal Gov’t moved to DC they forgot to build Supreme Court building- originally on the main floor of the Capitol
Supreme Court justices used to hear cases in other places when the court was not in session
Marbury v Madison
Gave court power to declare laws unconstitutional (judicial review)
When court rules on constitutional issues it cannot be overturned except by constitutional amendment
BUT Congress can overturn Supreme Court decision by enacting a new law

19. Critical Thinking
What branch of government do you think is the most powerful and why?
Which branch should have more power? What should those powers be?
Which branch should have less power? What powers should be taken away?