Madison Father of the Constitution

US ConstitutionArticle 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

“Most wonderful work ever struck off at a given time by the brain and purpose of man.” Gladstone

Principles of the Constitution

What are the Six 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

Popular Sovereignty

The power to govern belongs to the people.The power to govern belongs to the people. Preamble statesPreamble states: “: “We the people of the United

States do ordain and establish this Constitution for do ordain and establish this Constitution for the United States of America…”the United States of America…”

Examples:Examples: ·         ·         Members of the House of Representatives Members of the House of Representatives

are to be elected directly by the people.are to be elected directly by the people. ·         ·         Each state has a republican form of Each state has a republican form of

government. (Article IV, section 4)government. (Article IV, section 4)

Separation of Powers:

Three Branches of GovernmentThree Branches of Government Executive, Legislative, JudicialExecutive, Legislative, Judicial To prevent the concentration of power, the To prevent the concentration of power, the

framers of the constitution divided the framers of the constitution divided the powers of the government into three powers of the government into three separate branches.separate branches.

Checks and Balances

In an effort to insure that no one branch In an effort to insure that no one branch could act completely without restraints the could act completely without restraints the framers of the Constitution made three framers of the Constitution made three separate branches that could review the separate branches that could review the others.others.

Each Branch of Government exercises some Each Branch of Government exercises some control over the other two.control over the other two.

Federalism

Distribution of powerDistribution of power between National and State governmentsbetween National and State governments

The concept that states and the Federal governments share The concept that states and the Federal governments share authority and power. authority and power.

Both have mutual and shared sovereigntyBoth have mutual and shared sovereignty

The Federal or National Government is SupremeThe Federal or National Government is Supreme States are subordinateStates are subordinate

State Powers: States have internal control.States have internal control. Public Health: licensing medical personnel, inspecting food and Public Health: licensing medical personnel, inspecting food and

drugsdrugs Public Safety: regulating building codes, passing motor vehicle Public Safety: regulating building codes, passing motor vehicle

lawslaws Public Welfare: regulating utilities, prohibiting discriminationPublic Welfare: regulating utilities, prohibiting discrimination Public Morals: restricting obscenity, regulating sales of alcohol Public Morals: restricting obscenity, regulating sales of alcohol

and tobaccoand tobacco Public Convenience: providing for public parks and Public Convenience: providing for public parks and

transportationtransportation Public Education: providing compulsory education, certifying Public Education: providing compulsory education, certifying

teachers teachers While external relations are controlled by the National or Federal While external relations are controlled by the National or Federal

Government.Government.

Federalism

Federal GovernmentFederal GovernmentGov for All statesGov for All statesExamples:Examples:

Foreign PolicyForeign PolicyDefense/WarDefense/WarBorder ControlBorder ControlNaturalizationNaturalizationCommerce-Inter-stateCommerce-Inter-stateTradeTrade

State GovernmentState GovernmentIndividual State GovernmentsIndividual State GovernmentsOrganization of the StateOrganization of the StateNational GuardNational GuardState PoliceState PoliceEducationEducationLegislature-Assembly and Legislature-Assembly and SenateSenateExecutive-GovernorExecutive-GovernorJudicial- State Courts and State Judicial- State Courts and State Supreme CourtSupreme Court

Supremacy of National Laws

The Constitution is the Supreme Law of the The Constitution is the Supreme Law of the LandLand

No State can make a law against the US No State can make a law against the US ConstitutionConstitution

If there is a conflict between a State and the If there is a conflict between a State and the Federal Government, the Federal Federal Government, the Federal Government is Supreme.Government is Supreme.

Civilian Control of Government

The Government can not be controlled by The Government can not be controlled by the military.the military.

President is Commander and ChiefPresident is Commander and Chief

Article I: Legislature of US

It’s the longest article of the Constitution It’s the longest article of the Constitution Law making powerLaw making power Congress= Senate= 2 senators from each Congress= Senate= 2 senators from each

statestate House of Representatives # of reps based on House of Representatives # of reps based on

population of statepopulation of state Re. Re.

Article II: The Executive Branch

Outlines the powers and responsibilities of the Outlines the powers and responsibilities of the PresidentPresident

EligibilityEligibility Term of OfficeTerm of Office Electoral College- section 1 a tie in the Electoral Electoral College- section 1 a tie in the Electoral

College is settled in the House of RepresentativesCollege is settled in the House of Representatives SuccessionSuccession ImpeachmentImpeachment

Article III: Judicial Branch

Establishes Federal CourtsEstablishes Federal Courts Supreme CourtSupreme Court

Bill of Rights

11stst 10 Amendments to 10 Amendments to

Bill of Rights Explicit listing of 10 basic Rights citizens haveExplicit listing of 10 basic Rights citizens have 1 Amendment: Religious and Political Freedom1 Amendment: Religious and Political Freedom 2 Amendment: Right to Bear Arms2 Amendment: Right to Bear Arms 3 Amendment: Quartering of Soldiers3 Amendment: Quartering of Soldiers 4 Amendment: Search and Seizure4 Amendment: Search and Seizure 5 Amendment: Life, Liberty, and Property- self-5 Amendment: Life, Liberty, and Property- self-

incriminationincrimination 6 Amendment: Rights of the Accused6 Amendment: Rights of the Accused 7 Amendment: Right to Trial by Jury7 Amendment: Right to Trial by Jury 8 Amendment: Bail and Punishment8 Amendment: Bail and Punishment 9 Amendment: All Other Rights9 Amendment: All Other Rights 10 Amendment: Rights of the State and the People10 Amendment: Rights of the State and the People

10th Amendment

Powers not delegated to the United States (Federal Powers not delegated to the United States (Federal Government) by the constitution Government) by the constitution

Or prohibited by it to the states Or prohibited by it to the states Are reserved to the statesAre reserved to the states Or to the peopleOr to the people

(Meaning: rights or powers not listed are held by (Meaning: rights or powers not listed are held by states or the people. Ideas is that rights or powers states or the people. Ideas is that rights or powers not mentioned in the constitution, are held by not mentioned in the constitution, are held by states or the people havestates or the people have

12th Amendment (1804)

Changes the voting in the Electoral CollegeChanges the voting in the Electoral College Before= one vote for president-Before= one vote for president-

Winner is Pres--- 2Winner is Pres--- 2ndnd place is Vice Pres place is Vice Pres New changes= with 12New changes= with 12thth amendment amendment

Electors have one vote for President and Electors have one vote for President and a separate vote for Vice Presidenta separate vote for Vice President

Purpose-to align the administration Purpose-to align the administration regarding party, didn’t want split, Adams regarding party, didn’t want split, Adams Admin.Admin.

Impeachment (Article 1 section 3, Article II section 4)

Impeachment means to charge with a crimeImpeachment means to charge with a crime The Constitution states:The Constitution states:

Congress has authority to impeach president or Congress has authority to impeach president or federal judgesfederal 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

Elastic clause

Article I section 8Article I section 8 Congress has the power to “Make all laws which Congress has the power to “Make all laws which

shall be necessary and proper”shall be necessary and proper”

Significance: Significance: It remains as an opportunity for the constitution It remains as an opportunity for the constitution

to include powers not explicitly stated.to include powers not explicitly stated. Example: Hamilton’s National Bank programExample: Hamilton’s National Bank program Jefferson’s Louisiana PurchaseJefferson’s Louisiana Purchase

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 The privilege of a writ of habeas corpus

shall not be suspended, unless when in shall not be suspended, unless when in cases of rebellion or invasion the public cases of rebellion or invasion the public safety may require it.”safety may require it.”

Significance: People cannot be held unless Significance: People cannot be held unless formally charged.formally charged.

Ex Post Facto Law

Article I section 9 clause 2Article I section 9 clause 2 Congress cannot pass a law then prosecute Congress cannot pass a law then prosecute

people who committed an act before the law people who committed an act before the law was made.was made.

Electoral College: Article II section 2

The election of the PresidentThe election of the President The president will be elected through an The president will be elected through an

electoral collegeelectoral college Each state has the sum of:Each state has the sum of: Number of Representatives + Number of Number of Representatives + Number of

Senators = the number of electoral votesSenators = the number of electoral votes California= 54 electoral votes California= 54 electoral votes

52 representatives + 2 senators = 54 votes52 representatives + 2 senators = 54 votes

Judicial review

Amending the Constitution

1.1. Congress 2/3 of both houses shall approveCongress 2/3 of both houses shall approve

OrOr

1.1. The Legislatures of the states 2/3rds of the The Legislatures of the states 2/3rds of the shall call conventions for approvingshall call conventions for approving

2.2. Then ratified by 3/4ths of the state Then ratified by 3/4ths of the state legislatureslegislatures