Preamble-An Introduction

• To the whole Constitution

-Gives the purposes and goals of government

-We, the people of the United States, in Order to from a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common Defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article 1-Describes the Congress and its

powers

• Describes the Legislative the Legislative BranchBranch

-Divides Congress into two Houses

• BicameralBicameral: House of Reps., Senate

-Sets qualification and terms of members

-Describes law making process

-Specifically denies certain powers to Congress – does not give it too much power

-Delegates certain powers to Congress – enumerated powersenumerated powers

Ex.: taxation, borrow money, regulate commerce, coin money, declare war, establish military, do anything “necessary and proper”

Article I describes U.S. Congress

The House of Representatives is based on

population

The Senate is based on

equal representation, with two

Senators from every state

(today)

Article 2-Describes the Executive

Branch

• President and Vice President

-Term and Qualifications

-Electoral method described (later amended) – Electoral College

-commander in chief

-make treaties, appoint officials upon approval

-Execute the laws of the United States

-Impeachment process

• Removed from office for illegal actions (President/VP)

Article 2 describes how the Executive Branch will be set up, including the qualifications, method of election,

and term limits for the President and Vice President. It also defines the impeachment process, which will remove an official from office for wrong doing. The most recent

President to be impeached was Bill Clinton.

Article 3-Describes the Judicial

Branch

• Describes the Court system

-Term and qualification of judges

-Jurisdiction of Federal Courts

-Right to Trial by Jury in Federal Cases

-Crime of Treason is defined

• Going against your country

• Espionage: spying

• Only crime defined in the Constitution

Article 3 describes how the U.S. Courts will work.

Article 4

-Describes the relationship of states to one another and the central government

• Describes federalism: multiple levels of government working together

-Full Faith and Credit clause describes the legal relationship between states

• States will recognize and follow each other’s laws

-Extradition process described

• Sending prisoners back to state to have trial

-Addition of new states and territories

-Guarantee of Federal protection from invaders for all states

Criminals who break a law in one state, try to flee to

another state, and get caught in another state, will be sent back to the original state for

their trial. This process is called extradition.

Article 5

-Describes the amendment process

• Amend means to change

• Describes how to change the Constitution

-sets up the two methods of proposing an amendment

• How to get a change to the Constitution heard

-sets up the two methods of ratifying a new amendment

• How to get that change approved and added to the Constitution

Article 6

-Describes the supremacy of the Constitution and the national government

• National government more powerful than any other level

-Statement that the Constitution is the Supreme Law of the nation ((Supremacy Supremacy ClauseClause))

• States cannot challenge national laws, national always wins

-requirement of an oath of office in all State and Federal positions to support the Constitution

National

State

Local

Article 7

-Describes the process of ratification of this Constitution

•Describes how this new Constitution will be approved

-Set up the approval method for the Constitution

•9 out of 13 must ratify“The Tenth Pillar of

Ratification”

~appeared in South Carolina newspaper after ratification

Changing the Constitution

Constitution is over 200 years old

Constitution still functions because of its flexibility

(A Living Document)

The Constitution was only meant to be a blueprint or framework

Proposing Amendments

-Described in Article 5

-Must first be proposed

-two methods of proposing an amendment

2/3 of Both Houses of Congress

• 2/3 of the members of the House of Reps. and Senate must agree to propose (ask for) a change

National Convention called by 2/3 of states

• 33 states must call a convention

-only method ever used is 2/3 of Congress

Ratifying Amendments

-Must first be proposed

-must be ratified by 3/4 of the states

• 38 states must approve the new Constitutional amendment

-Two methods of ratifying

by state legislatures

• Let the Congress of the state vote as representatives for the people

by state conventions

• Invite citizens themselves to vote

-Difficult process

only make changes when really needed – only been amended 27 times in over 200 years

Necessary and Proper Clause

--Necessary and Proper Clause-Necessary and Proper Clause- Statement in Article I of the Constitution that allows Congress to stretch its enumerated powers to do almost anything in the best interests of the citizens---Elastic Elastic ClauseClause

-Article 1 describes the power but does not define the power specifically

• Caused many arguments about what Congress can/not do

-most interpretation occurs with this phrase

-Implied Powers

-Powers that are not specifically written in the Constitution but are interpreted to exist

-Constitution is a flexible document

The Constitution’s “necessary and proper” clause, also known as the

“Elastic Clause” allows Congress to stretch its powers to do what they feel is what the country needs at the time. For

example, after WWII, Congress used these powers to begin an Air Force.

Interpretation

-Three types of Interpretation

strict—based on actual wording of Constitution

• If it does not specifically say you can, then you cannot

loose—based on implied meanings of passages

• If it does not specifically say you cannot, then you can

original intent —based on what founding fathers meant the Constitution to say

-Final Interpretation of the Constitution

- Handled by the Supreme Court

• Judicial review

-This opinion changes over time also

Some people believe the Constitution should be interpreted strictly, meaning that

unless the document specifically says Congress or the federal government can do

something, then they cannot. Others believe the opposite is true, saying that

unless the Constitution specifically says you CANNOT do something, then you can.

Still others believe in interpreting the document exactly as the writers intended it

to be. The final interpretation today is handled by the Supreme Court.