Structure & Principles

of the Constitution

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StructureThe Preamble: intro to the constitution– Founders indicated that they wanted a government

that would provide:• Stability and order• Liberty for citizens• Service for the people

7 Articles: each covers a general topic1. Legislative branch2. Executive branch3. Judicial branch4. Relations among the States5. Amending the Constitution6. National debts, supremacy or national law, and oaths of office

7. Ratifying the Constitution

The Amendmentschanges to the Constitution

-Since 1789, 27 amendments have been added to the Constitution-The formal amendment process reflects both federalism and popular sovereignty-Formal amendments may be added through 4 different methods

The Six Basic Principles

The constitution sets out the six basic principles and the framework of government in the USAIn this country, the people are sovereign and government is limited, not all-powerfulThe constitution distributes powers among 3 separate branches of government: legislative, executive, and judicial– Each branch has powers with which it can check the operations of the other 2 branches

The constitution also distributes governmental powers on a geographic basis

The 6 Principles

1: Popular Sovereignty– Rule by the people2: Federalism– Power is divided between the state and nat’l gov’t

3: Separation of Powers– Each branch has its own power

4: Checks & Balances– Each branch checks the other

5: Judicial Review– The power of the courts to declare laws invalid if they violate the constitution

6: Limited government– The Constitution limits the actions of gov’t by specifically listing powers it does and does not have

Legislative:Congress:Senate

House of Reps

ExecutivePresident of USA

JudicialSupreme CourtCourt System

3 Branches of GovernmentUnited States of America

The 3 Branches of Government

Legislative Branch

The founders expect Congress to become the most important branch of the national government while at the same time fearing the abuse of powerEnumerated Powers: Express powers of Congress- – Article 1: Section 8 of the Constitution– **please open up your books to page 763Expressed Powers: Power that are directly stated in ConstitutionElastic Clause: Gives Congress the right to make all laws “necessary and proper” to carry out the powers expressed in the other clauses of Article 1

The Executive Branch

Expressed in the 2nd Article of the ConstitutionPlease turn to page 767– Article 2: Section 2/3– Let’s find the Specific

Powers stated in the Constitution

1: Commander In Chief2: Pardons/Reprieves for Offenses against the United States3: Make treaties w/ Advice of Senate4: Appoints w/ Senate Consent Ambassadors & Fed Court Judges5: Appoints Head of Executive Depts. 6: Deliver annual state of Union 7: Calls Congress into session8: Meet w/ Heads of Staff9: Commission all military officers10: Ensure that all laws that pass are “faithfully executed”

Judicial Branch

The most brief of the three branches of governmentThe judiciary has two different systems of courts:– Federal Courts powers derive from the Constitution and federal laws

– State Courts powers derive from state constitutions and laws

Every court has the authority to hear only certain kinds of cases. This authority is known as the juridiction of the court. – 2 factors determine jurisdiction:

• The crime (details of the crime)• Who is involved

Vocabulary to Note!

Preamble

Articles

Constitutionalism

Rule of Law

Separation of Powers

Veto

Judicial Review

Unconstitutional

Federalism

Checks & Balances