Article I-III

• Article I: Legislative Branch: all of their powers, term limits & job descriptions

• Article II: Executive Branch: all of their powers, term limits & job descriptions

• Article III: Judicial Branch: all of their powers, term limits & job descriptions

The Constitution: Articles IV-VII (4-7)

Article IV (4)

• Concerns the States• All states will honor the laws of other states.• Examples:

• If you get married in one state you are considered married in another.

• Convicted of a crime in one state you are still guilty in another, etc.

• Citizens in each state are treated equally.• Criminals must be returned if they flee to another state.• New states can be admitted (with some qualifications)• Ensures a republican government for all states.• Ensures the government will protect the states against

foreign or domestic invasions & revolutions

Article V (5)

• Concerns Amending the Constitution (adding things to the Constitution or changing things).

• Proposed by 2/3rds of both houses or by a national convention.

• 3/4ths of the states must agree.

• Examples (banning alcohol, allowing women to vote, giving slaves freedom).

Article VI (6)

• Concerns the United States itself

• Government will assume all debts entered into by the U.S. under the Articles of Confederation.

• Says the Constitution & all treaties of the U.S. are the supreme law of the country.

• Requires all officers of the U.S. to swear an oath of allegiance to the U.S. & the Constitution when taking office.

Article VII (7)

• Details the method for ratification of the Constitution (making the Constitution law).

• Nine of the thirteen states had to accept it before it could go into effect.

• This would lead to problems!

Constitutional Clauses

Supremacy Clause

• Article VI Section 2• The Federal Law (US Constitution) is

above all State Law• States cannot make laws that conflict

with US law

Necessary & Proper Clause AKA: Elastic Clause

• Article I Section 8 Clause 18• Gives Congress the power to make all

laws necessary to carry out their expressed powers

• Ex. Congress can print paper money• This is the foundation for all implied

powers of Congress

Full Faith & Credit Clause

• Article IV Section 1• States must recognize the public acts,

records & judicial proceedings of every other state

• Ex. Birth certificates & marriage licenses are recognized in all 50 states

Establishment Clause

• Part of the First Amendment – Freedom of religion

• Declares that a state cannot establish a religion

• This is the foundation for the separation of church & state

Free Exercise Clause

• Part of the First Amendment – Freedom of Religion

• Declares that we have the freedom of choice when it comes to religious matters

Equal Protection Clause

• Found within the 14th Amendment• Forbids a State or any local

government from discriminating against a person

The Amendment Process

• The US Constitution IS & IS NOT the same document written in 1787

• Some Words have been eliminated, some have been added.

Keys to help

• To amend means to change

• To propose means to suggest• Federal Gov't will always propose

• To ratify means to approve or pass• 2/3 will always apply to the Federal Gov't• ¾ will always apply to the states

• States will always ratify

• By having the federal government propose & the states ratify, what basic principle of the constitution is at work?

FORMAL Amendment PROCESS

• In Article V of the Constitution• Two Methods of Ratification

• First-- Proposed by 2/3 of Congress/Ratified by ¾ of State Legislatures• 26 of 27 Amendments

adopted this way

Second

• Proposed by 2/3 of Congress

• Ratified by ¾ of Special State Conventions

21st Amendment adopted this way (Repealing Prohibition)

PROPOSED AMENDMENTS

• Congress does not present a proposed Amendment to the President for his signature or veto.

Proposed Amendments Continued

•States can change their minds if they first reject an Amendment (not the opposite)

•33 Made it to the states•10,000 Amendments proposed in Congress.

•Only 27 finally ratified•Congress can set deadlines for the ratification time allowed

CONSTITUTIONAL BREAKDOWN REVIEW

Preamble: States the purpose

Article I: Legislative Power – CongressElastic Clause, Also known

as ?Free Exercise ClauseEstablishment Clause

Article II: Executive Power - PresidentArticle III: Judicial Power – CourtsArticle IV: Relations between the statesArticle V: The Amendment Process

CONSTITUTIONAL BREAKDOWN

Article VI: General Provisions, Supremacy of the Constitution

Article VII: Ratification Process

Bill of Rights: First 10 Amendments in Constitution

As a refresher…

• How many methods of Ratification are there?

• What percentage is needed for an Amendment to be proposed?

• What percentage is needed for ratification?

• How many amendments do we currently have today?

• How many are in usage today?

HOMEWORK• Learning about the amendments helps you

understand your freedom's. • Your homework tonight is to think about

the amendments we have learned about & describe by writing an Amendment that you would add to the Constitution.

• What do you think is missing in this great country?

• What impact would the Amendment have on society & our lives?

• Please be school appropriate

Government Leaders

Senate Leaders

Job Name

President of the Senate VP Joe Biden

President Pro Tempore Patrick Leahy (D, VT)

Majority Leader Harry Reid (D, NV)

Majority Whip Richard Durban (D, IL)

Minority Leader Mitch McConnell (R, KY)

Minority Whip John Cornyn (R, TX)

NC Senator Richard Burr (R)

Kay Hagen (D)

House Leaders

Job Name

Speaker of the House John Boehner (R, OH)

Majority Leader Eric Cantor (R, VA)

Majority Whip Kevin McCarthy(R, CA)

Minority Leader Nancy Pelosi (D,CA)

Minority Whip Steny Hoyer (D, MD)

NC Representative Robert Pittenger (R, NC)

Amendments 11-27

Bill of Rights

• First 10 amendments1. Rapps2. Bare arms3. Quartering troops4. Search & seizure5. Self incrimination, eminent domain6. Legal proceedings7. Jury in civil cases8. Cruel & unusual punishment9. Unenumerated rights10.States rights

11th Amendment: Ratified in 1798

• Places limits on an individual to sue the states

12th Amendment• Ratified in 1804

• Requires electors to the electoral college to cast a separate ballot for president & vice president

13th, 14th, 15th Amendments• Known as the Civil War/ Reconstruction Amendments

• 13th was ratified in 1865• No “involuntary servitude (abolished slavery)

• 14th was ratified in 1868• Defines citizens as “native Born Persons.” Extends the bill

of rights & “EQUAL PROTECTION” to all citizens

• 15th was ratified in 1870• African American males granted the right to vote

16th Amendment• Ratified in 1913

• Grants the federal government the right to tax Income

• Remember that income tax is the #1 source of revenue for the federal government.

17th Amendment• Ratified in 1913

• Direct election of senators by the people

• Before the 17th Amendment, state legislatures appointed them

18th Amendment• Ratified in 1919• Also known as “Prohibition”

• Made illegal the manufacture, sale & transport of alcohol

19th Amendment• Ratified in 1920

• Women’s Suffrage

• Suffrage=right to vote

20th Amendment• Ratified in 1933

• Sets when congressional terms begin & end• Also says that if the president elect dies before

he takes office, the vice president would take office

21st Amendment• Ratified in 1933

• Ended Prohibition

• What was prohibition? What Amendment was it?

• What is the only way to “get rid of” an Amendment?

22nd Amendment• Ratified in 1951

• Sets presidential term limits. A president can serve two four-year terms or a max of 10 years total.

• If the vice president takes office, he/she can total ten years as president.

23rd Amendment• Ratified in 1961

• District of Columbia gets three electoral votes

24th Amendment• Ratified in 1964

• Outlawed the poll tax & other voting restrictions

• Poll tax- Tax paid at the voting booth• Literacy tests- A nearly impossible test• Grandfather Clause- If your grandfather could

vote, you can• Each of these were used to limit the voting

rights of African Americans

25th Amendment• Ratified in 1967

• Presidential succession • President• Vice president• Speaker of the house• President Pro-tempore of the senate

26th Amendment• Ratified in 1971

• Sets the minimum voting age at no more than 18

• (can be less that 18, but not more)

27th Amendment• Ratified in 1992

• Established that congress cannot grant itself any pay raises unless it comes after the next congressional election.

FEDERALISM

The Division of Power

WHY FEDERALISM?

• I. Try to create a Central government that is strong enough to meet the Nation’s needs.

• II. However, it had to preserve the strength of the existing states

• III. The fear of the people was that a strong government would trample the people & abuse their rights.

Bill of Rights Review: 10th Amendment

• Undelegated Powers reserved for the States

• The governmental powers not listed in the Constitution for the national government are powers that the states, or the people of those states, can have.

• The 10th Amendment sets up the basic principle of Federalism

POWERS OF THE NATIONAL GOVERNMENT• DELEGATED POWERSNational government only has powers that it was given

in the Constitution.

2 types of Delegated PowersExpressed Powers (Enumerated): physically

written out in the Constitution Implied Powers: Not expressly written in the

constitution(NECESSARY & PROPER CLAUSE)

Powers given to the Federal Government

•Exclusive Powers: (Also known as Enumerated or Delegated)

• Powers given only to the National Government

• These are things that would concern the entire country

Examples: National Defense, Foreign Affairs, Coining of $

**What are the 2 types of delegated powers?

Powers Reserved to the States

• 1. Reserved Powers: • These powers are given to the states

because they are not listed in the federal constitution for the federal government

Examples: marriage laws, alcohol laws, education

Powers Shared by both Governments

•Concurrent Powers: Powers that are shared between the federal & state governments.

Examples: Building Roads, Taxes, Court System

Intergovernmental Revenue: When the federal government gives money to help fund a state run program, like education (no child left behind)

Delegated Powers Reserved Powers

Court System Defense Borrowing $ Education Foreign Affairs Taxes Local Gov’t National Concern Building roads State Elections Coining Money Police

Concurrent Powers

Some terms to Remember…

• Commutation: reduction in severity of a legal punishment

• Pardon: official release of someone who has committed a crime or wrongdoing from punishment

• Writ of Habeas Corpus: LAW – A court order requiring police to bring a prisoner to court to explain why they are holding the person

• Bill of Attainder: Laws that punish a person without a jury trial

• Ex post Facto: (After the Fact) Laws that punish a person for something after the law has been passed