Organization of the Constitution

Article I: Legislative

• Makes the laws

• 2 Houses (bicameral)

“House” of Representatives

• Number of Representatives is based on population

• Serve a 2 year term

• 435 total representatives

Leader of the House

• Speaker of the House: John Boehner

Senate

• 2 Senators per State

• Serve 6 year terms

Leader of the Senate

• Vice President

• When the VP cannot be there the President Pro Tempore is in charge (temporary)

• Joe Biden=VP

Implied Powers

• Congressional powers not written in the Constitution but are powers obviously needed.

Elastic Clause

• Article I Sec 8. “necessary and proper”

• Congress has the power to extend delegated powers if needed.

Article II: Executive

• Enforces the laws

• President and Vice President

Article III: Judicial

• Interprets the laws• Supreme Court• Leader: Chief Justice• John Roberts

Full Faith and Credit Clause

• Each state will accept the decisions in other state courts

Supremacy Clause

• Article VI

• The Constitution is “the supreme law of the land”

Bill of Rights

• States demanded that the Constitution add a Bill of Rights

Ratification

• Official approval

Rhode Island

• Last state to ratify the Constitution in 1790.

• Why were they last?

Principles of the Constitution

1. Constitutionalism• That gov’t is created BY THE PEOPLE!• Gov’t should be legally limited in its powers and as

the people we should enforce those limitations

1.Limited Government

The Constitution forbids the gov’t to do certain things.

1. Rule of Law

• The law applies to everyone, even those who govern

2.Separation of Powers

• 3 branches of gov’t

• Each has different powers

3.Checks and Balances

• Each branch is able to check and restrain the others

4.Popular Sovereignty

• Power lies in the people

• Sovereignty: right to rule

• Popular: population or public

5. Federalism:

• Power is shared between the federal (national) gov;t and the state gov’ts

– Expressed/delegated powers: powers of the national gov;t

– Reserved powers: state powers

– Concurrent powers: shared by both

Expressed Powers

• Declare War

• Regulate Commerce

• Print Money

Reserved Powers

• Regulate trade within the state

• Schools

• Rules for marriage and divorce

Concurrent Powers

• Collect taxes

• Set up courts and prisons

7. Judicial Review

• The power of the Supreme Court to say whether the national, state or local gov’t goes against the Consitution.

• Declare something unconstitutional

Federalist vs. Anti-federalist

Federalist

• Supporters of the Constitution

• They liked the balance of power between state and national gov.

Anti-Federalist

• Opposed the Constitution

• They didn’t like having such a strong national gov.

The Federalist Papers

• 85 essays defending the Constitution

• Written by Alexander Hamilton, James Madison, and John Jay.