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US Constitution Article I Legislature Article II Executive Article III Judicial Article IV States and Federal Government Article V Amending the Constitution.

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Presentation on theme: "US Constitution Article I Legislature Article II Executive Article III Judicial Article IV States and Federal Government Article V Amending the Constitution."— Presentation transcript:

1 US Constitution Article I Legislature Article II Executive Article III Judicial Article IV States and Federal Government Article V Amending the Constitution Article VI Supremacy of National Law Article VII Ratification of the Constitution Amendments

2 Principles of the Constitution What are the Six Principles of the Constitution?   Popular Sovereignty   Separation of Powers   Checks and Balances   Federalism   Supremacy of National Laws   Civilian Control of Government

3 Popular Sovereignty The power to govern belongs to the people. The power to govern belongs to the people. Preamble states: “We the people of the United States do ordain and establish this Constitution for the United States of America…” Preamble states: “We the people of the United States do ordain and establish this Constitution for the United States of America…” Examples: Examples: · Members of the House of Representatives are to be elected directly by the people. · Members of the House of Representatives are to be elected directly by the people. · Each state has a republican form of government. (Article IV, section 4) · Each state has a republican form of government. (Article IV, section 4)

4 Separation of Powers: Three Branches of Government Three Branches of Government Executive, Legislative, Judicial Executive, Legislative, Judicial To prevent the concentration of power, the framers of the constitution divided the powers of the government into three separate branches. To prevent the concentration of power, the framers of the constitution divided the powers of the government into three separate branches.

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6 Checks and Balances In an effort to insure that no one branch could act completely without restraints the framers of the Constitution made three separate branches that could review the others. In an effort to insure that no one branch could act completely without restraints the framers of the Constitution made three separate branches that could review the others. Each Branch of Government exercises some control over the other two. Each Branch of Government exercises some control over the other two.

7 Federalism National and State Powers National and State Powers The concept that states and the Federal governments share authority and power. The concept that states and the Federal governments share authority and power. Both have mutual and shared sovereignty Both have mutual and shared sovereignty The Federal or National Government is Supreme The Federal or National Government is Supreme

8 State Powers: States have internal control. States have internal control. Public Health: licensing medical personnel, inspecting food and drugs Public Health: licensing medical personnel, inspecting food and drugs Public Safety: regulating building codes, passing motor vehicle laws Public Safety: regulating building codes, passing motor vehicle laws Public Welfare: regulating utilities, prohibiting discrimination Public Welfare: regulating utilities, prohibiting discrimination Public Morals: restricting obscenity, regulating sales of alcohol and tobacco Public Morals: restricting obscenity, regulating sales of alcohol and tobacco Public Convenience: providing for public parks and transportation Public Convenience: providing for public parks and transportation Public Education: providing compulsory education, certifying teachers Public Education: providing compulsory education, certifying teachers While external relations are controlled by the National or Federal Government. While external relations are controlled by the National or Federal Government.

9 Federalism Federal Government Gov for All states Gov for All states Examples: Examples:  Foreign Policy  Defense/War  Border Control  Naturalization  Commerce-Inter-state  Trade State Government Individual State Governments Individual State Governments Organization of the State Organization of the State National Guard National Guard State Police State Police Education Education Legislature-Assembly and Senate Legislature-Assembly and Senate Executive-Govenor Executive-Govenor Judicial- State Courts and State Supreme Court Judicial- State Courts and State Supreme Court

10 Supremacy of National Laws The Constitution is the Supreme Law of the Land The Constitution is the Supreme Law of the Land No State can make a law against the US Constitution No State can make a law against the US Constitution If there is a conflict between a State and the Federal Government, the Federal Government is Supreme. If there is a conflict between a State and the Federal Government, the Federal Government is Supreme.

11 Civilian Control of Government The Government can not be controlled by the military. The Government can not be controlled by the military. President is Commander and Chief President is Commander and Chief

12 Article I: Legislature of US It’s the longest article of the Constitution It’s the longest article of the Constitution Law making power Law making power Congress= Senate= 2 senators from each state Congress= Senate= 2 senators from each state House of Representatives # of reps based on population of state House of Representatives # of reps based on population of state Re. Re.

13 Article II: The Executive Branch Outlines the powers and responsibilities of the President Outlines the powers and responsibilities of the President Eligibility Eligibility Term of Office Term of Office Electoral College- section 1 a tie in the Electoral College is settled in the House of Representatives Electoral College- section 1 a tie in the Electoral College is settled in the House of Representatives Succession Succession Impeachment Impeachment

14 Article III: Judicial Branch Establishes Federal Courts Establishes Federal Courts Supreme Court Supreme Court

15 Bill of Rights Explicit listing of 10 basic Rights citizens have Explicit listing of 10 basic Rights citizens have 1 Amendment: Religious and Political Freedom 1 Amendment: Religious and Political Freedom 2 Amendment: Right to Bear Arms 2 Amendment: Right to Bear Arms 3 Amendment: Quartering of Soldiers 3 Amendment: Quartering of Soldiers 4 Amendment: Search and Seizure 4 Amendment: Search and Seizure 5 Amendment: Life, Liberty, and Property- self- incrimination 5 Amendment: Life, Liberty, and Property- self- incrimination 6 Amendment: Rights of the Accused 6 Amendment: Rights of the Accused 7 Amendment: Right to Trial by Jury 7 Amendment: Right to Trial by Jury 8 Amendment: Bail and Punishment 8 Amendment: Bail and Punishment 9 Amendment: All Other Rights 9 Amendment: All Other Rights 10 Amendment: Rights of the State and the People 10 Amendment: Rights of the State and the People

16 10 th Amendment Powers not delegated to the United States (Federal Government) by the constitution Powers not delegated to the United States (Federal Government) by the constitution Or prohibited by it to the states Or prohibited by it to the states Are reserved to the states Are reserved to the states Or to the people Or to the people (Meaning: rights or powers not listed are held by states or the people. Ideas is that rights or powers not mentioned in the constitution, are held by states or the people have (Meaning: rights or powers not listed are held by states or the people. Ideas is that rights or powers not mentioned in the constitution, are held by states or the people have

17 12 th Amendment (1804) Changes the voting in the Electoral College Changes the voting in the Electoral College Before= one vote for president- Before= one vote for president-  Winner is Pres--- 2 nd place is Vice Pres New changes= with 12 th amendment New changes= with 12 th amendment  Electors have one vote for President and a separate vote for Vice President  Purpose-to align the administration regarding party, didn’t want split, Adams Admin.

18 Impeachment (Article 1 section 3, Article II section 4) Impeachment means to charge with a crime Impeachment means to charge with a crime The Constitution states: The Constitution states:  Congress has authority to impeach president or federal judges House of Reps debates and votes on charges 51% = impeachment Senate serves as Jury to a trial of the President 2/3 vote or 66% needed to convict. Chief Justice of Supreme Court is the Judge

19 Elastic clause Article I section 8 Article I section 8 Congress has the power to “Make all laws which shall be necessary and proper” Congress has the power to “Make all laws which shall be necessary and proper” Significance: Significance:  It remains as an opportunity for the constitution to include powers not explicitly stated.  Example: Hamilton’s National Bank program  Jefferson’s Louisiana Purchase

20 Writ of Habeas Corpus Powers Denied to Congress Powers Denied to Congress Article I section 9- Article I section 9- “The privilege of a writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” “The privilege of a writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” Significance: People cannot be held unless formally charged. Significance: People cannot be held unless formally charged.

21 Ex Post Facto Law Article I section 9 clause 2 Article I section 9 clause 2 Congress cannot pass a law then prosecute people who committed an act before the law was made. Congress cannot pass a law then prosecute people who committed an act before the law was made.

22 Electoral College : Article II section 2 The election of the President The election of the President The president will be elected through an electoral college The president will be elected through an electoral college Each state has the sum of: Each state has the sum of: Number of Representatives + Number of Senators = the number of electoral votes Number of Representatives + Number of Senators = the number of electoral votes California= 54 electoral votes California= 54 electoral votes  52 representatives + 2 senators = 54 votes

23 Judicial review


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