- Outline the important elements of the Constitution
- List the six basic principles of the Constitution
OUTLINE OF THE CONSTITUTION
Preamble
States the reasons for writing the U.S. constitution. They were to - form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty to ourselves and our prosperity.
The ArticlesThe articles of the constitution defined what powers a branch did and did not have and how certain problems were to be handled.
Article 1The first article stated the powers of the three government branches.
Section 1: The Legislative Branch
This section stated that congress was to be made up of two parts, the Senate and the House of Represenatives.
Section 2: The House of Represenatatives
This section decides how often represenatives are chosen, how long a represenative can stay in office, how many represenatives per state,what will happen if a senator vacates his/her post, how a speaker is chosen, and the house's ability to impeach.
Section 3: The Senate
This states that has to senators in the senate, there will be a new election for one-third of the senate every 2 years, age and citizenship rules to become a senator, the Vice President is the president of senate, the senate shall choose their own officers and a president in case the Vice President cannot fill their duties, and senates power to impeach.
Section 4: Organization of Congess
Says the way of chosing senators and represenatives is up to the state alone, congress shall assemble at least once a year.
Section 5: The House's Jobs
Each house will be the judge of their own elections and qualifications of it members. Each house may determine the rules of it procedings, and punish it's members for disorderly behavior. Each House shall keep a journal of it's proceedings.
Section 6: Money and War-Time Jobs
States that each senator and represenative will receive compenstaion for services to their country to be paid out by the U.S. treasury. They will also be immune from arrest, except for treson, felony, and breach of the peace, during an attendance to a session of ther respective house, and traveling there and back. Last no senator or represenative will be put into any civil office during the time of war.
Section 7: Bills
All bills for raising revenue (and paychecks) shall originate in the House of Represenatives, any bill passed in the two houses will go to the president and pending approval become a law. If the presidents disapproves if a bill then it goes back to the house's and if two-thirds vote for it, it becomes a law.
Section 8: Powers Granted to Congress
Congress can:
1. Collects taxes, duties, imposts, lunch money and excises to pay debts and proved defense.
2. Borrow money on credit of the United States.
3. Regulate commerace with foriegn nations.
4. Form Uniform law laws of nutrilization and bankruptcies throught the United States.
5. Coin money and fix the Standard wieghts and measurements. Down with the metric system!!
6. Provide punishment for counterfeiting U.S. Money
7. Establish post offices and roads.
8. Promote useful stuff by giving copywrites.
9. Repeatedly say the Supreme Court is the Highest and your all inferior.
10. Punish Pirates of the High Seas. (Really says this)
11. Declare War
12. To raise and support armies
13. Provide and maintain a navy 14. Regulation of the government, and land and naval forces
15. To call forth the Militia to execute laws of the union
16. To provide organize and disciplining the militia.
17. To exercise legislation over all places owned by the U.S.
18. To make all laws that are necessary.
Section 9: Powers Forbidden to Congress
1. Congress cannont prohibit the immigration of a person to the U.S. but can charge them money.
2. They cannont stop the process of HABEAS CORPUS.
3. No bill may be passed that punishes a person without a trial.
4. No direct tax shall be laid
5. No tax shall be put on items exported from any state.
6. No preferences shall be put on a port in one state to another
7. No money shall be taken from the treasury.
8. No titles of nobilty may be given.
Section 10: Powers Forbidden to the States
No state shall enter treaties, issue their own money, grantany title of nobility. No state shall lay duties on imports or expoert without the consent of congress. No state shall keep military without congress consent during time of peace.
Article 2: The Executive Branch
This article includes rules to be followed by the executive branch. Including, term limits, limits to become president, elections of the president, What to do if President is removed from office be it death, impeachment or other reason. Also states that the president will receive compensation for his service to the United States and is head of the Military. The president shall also from time to time give information about the state of the Uniion to Congress.
Article 3: The Judicial Branch
States that the supreme power in the court sysem is thesupreme court. All cases involving public officials must be presided over by the supreme court. In trials the person shall be tried in the state in which the crime was commited. Treason by a person shall only consist on them waging war on the United States. Only the person guilty of treason shall lose their life.
Article 4: Relations of the States to Each Other
Full faith and credit shall be givin from one state to another in the public acts, records, and judicial preceedings. A criminal fleeing from one state to another after crime, if apprehended, at the request of the executive authority of the state be returned to the state from which they fled.
Federal-State Relations New states shall be admitted by congress, but no state can be formed under the control of another. Congress can dispose of or change any bounderies of one state whenever it is needed. Every state in the union is guaranteed a free Republican form of gevernment, and shall be protected against invasion.
Article 5: Amending the Constitution
In congress whenever two/thirds of the house deem it necessary, shall propose amendments to the constitution. To become part of the constitution and amendment must be ratified, by the legilslatures of three-fourths of the states. Also they must be ratified in a reasonable amount of time.
Article 6: National Debts, Supremacy
Debts - All debts made before the ratification will be payed.
Supremacy of the National Government - This states that Federal government has supreme power over state governments. That means if California made it a law that you had to go looting once a year all together it would be void because it's against federal law.
Article 7: Ratifying the Constitution
The constitution must be ratified by all states present in the 1777 to become law.
Six Basic Principles
The Constitution did not give the American people many details about their government. Instead, the Framers wrote it around six broad ideas, or principles.
Popular SovereigntyPopular sovereignty means that all government power belongs to the people. The people give the government the power it holds. Through the Constitution, the American people set up their government and told it what it could do.
Limited GovernmentLimited government means that the government has only the powers that the people give it. The government must obey the Consititution. And the people who work in government, its officials, must always obey the law.
Separation of PowersSeparation of powers means that three separate parts, or branches, share the government's power. These branches are the executive (the president), the legislative (congress), and the judicial (the courts). Each branch has specific jobs.
Checks and BalancesThe Consitution made sure none of the branches could become too powerful. Each branch has ways to limit the power of the other two. This principle is called checks and balances. The president can say no, or veto, one of the congress's laws. Or Congress can refuse to approve an official the president wants to appoint, such as a justice of the Supreme Court. Or the court can strike down an action of the executive branch. At times, the branches have disagreed. Because of our democratic system and its checks and balances, the branches try to compromise.
Judicial ReviewJudicial review is a part of the checks-and -balances system. This power lets courts decide what the words in the Constitution mean. The courts can also say if something the government does is unconstitutional, or against the Constitution.
FederalismThe Framers used the principle of federalism to divide the government's power between a central government and smaller regional governments. In the United States, this division is between the national government in Washington, D.C., and the 50 States.
Review Questions:
Which of the following best describes the concept of limited government?
a. Powers are divided among three independent branches of government.
b. All political power belongs to the people.
c. Government must operate within certain bounds set by the people.
d. The people must behave according to rules set by the government.
The legislative branch can check the judicial branch by its power to
a. name federal judges.
b. remove judges through impeachment.
c. declare executive actions unconstitutional.
d. override a presidential veto.
The President's power to veto an act of Congress is an example of
a. executive agreement. c. checks and balances.
b. judicial review. d. limited government.
Answers = C / B / C