US History The Constitution (Notes #1)

How many states would need to ratify an amendment today for it to become part of the Constitution?

38

Rule of Law

A government may only do the things the people have given it power to do. No government is all powerful. The government and its officers are always subject to and never above, the law.

Powers of the Judiciary

Consists of district courts, courts of appeal, and supreme court.

Article 7

Deals with ratifying the Constitution.

Judicial

Decides if laws are constitutional, are appointed by the president, there are nine justices, can overturn rulings by other judges.

Article 6

Declaration of the Constitution as the nation's supreme law.

Powers only the federal government has?

Declare war

Examples of basic principles?

Freedom of speech, freedom of religion, freedom of the press. It is used to secure the freedom of the people. To protect us from the government.

What does it serve as?

It serves as our nation's "supreme law of the land" it is the highest form of law. No one is above it. Everyone has to abide by its' rules.

Separation of Powers

Legislative, Executive, and Judicial powers are separated among the three branches. This concept is written into state constitutions as well.

Appellate Courts

Listen to appeals from a lower court decision.

Supreme Court

Listens to appeals from appellate courts and settles disputes between states

Powers that only the states have?

Lottery, speed limits, drinking age, driving age, littering, etc.

Legislative

Makes laws, approves presidential appointments, two senators form each state, the number of congressmen is based on population.

Was the Constitution America's first form of government?

No it was not.

What does this quote mean? "The Constitution was not made to fit us like a straightjacket. In its elasticity lies it chief greatness." - President Woodrow Wilson

The Constitution can change over time. It isn't perfect, it was never meant to be perfect. Over a period of time the Constitution can change and help benefit different people in different times. The Constitution is a living document, because it is always changing.

Where do we find the principle "popular sovereignty"? Which Three words make it clear?

We find it in the Preamble and the words "We The People" make it clear.

When was the Constitution written and when did it take effect?

Written in 1787 and took effect in 1789.

Presidential Powers

commander-in-chief of the armed forces, can introduce legislation (usually set out in State of Union address), Veto ("I forbid") power over laws passed by congress, Appointment of citizens to government office (i.e. the cabinet members, new justices of the supreme court), negotiate treaties with other countries.

Judicial Review

power to declare a Congressional action unconstitutional (illegal, null/void) if action found to violate some provision of the constitution. This principle is not found in the Constitution, but was established during the landmark case of Marbury v. Madison (1803)

Powers of congress

27 enumerated powers, given in Article 1, Section 8.

Article 3, section 1 states?

"The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish." (interpret and apply law)

Article 1, Section 1 states?

"All legislative powers herein granted shall be vested in a congress of the United States..." (lawmaking branch)

Article 2, section 1 states?

"The executive power shall be vested in a President of the United States of America" (given law enforcing powers)

Popular Sovereignty

"The government can only govern with the consent of the governed." - John Locke Your government gets to govern you because you agreed to it.

Consists of how many words?

A little over 7,000.

Amendments

Additions that have been made to the Constitution over time.

Ratification Process First Method

Amendment may be proposed by a 2/3 vote in each house of congress and be ratified by 3/4 of state legislatures.

Ratification Process Second Method

Amendment may be proposed by congress and then ratified by special conventions in 3/4 of the states. Only the 21st Amendment was adopted this way (1933)

27 Amendments

Changes made to original Constitution.

Enumerated Powers

Collect taxes, regulate foreign and domestic commerce, coin money, declare war, support an army and navy, establish lower federal courts, confirm or deny presidential appointments.

Articles 1, 2, and 3

Organization of 3 branches of government. Executive, Legislative, and Judicial. Outline of basic powers of each branch.

District Courts

Preside over federal crimes such as mail fraud, counterfeiting, smuggling, and bank robbery. Federal civil cases may involve water rights, interstate commerce, and environmental controversies.

Article 5

Process for adding formal amendments to the document.

Article 4

Relations among the states.

Executive

Signs laws, vetoes laws, pardons people, appoints federal judges, elected every four years.

The Preamble

States the purpose of the Constitution.

Powers that both the Federal government and the States share?

Taxes

Powers of Executive

The constitution grants few specific powers to the president.

Federalism

The division of power among a central government and several regional governments. This was established as an alternative to the articles of confederation, which created a system of independent states loosely tied together.

Implied Powers

They derive from the right of congress to make all laws "necessary and proper"- this is known as the constitutions elastic clause.

Checks and Balances

The three branches are not entirely separated nor completely independent of one another but, rather, tied together by a complex system of checks and balances. (each branch has certain powers with which it can check the operations of the other two.) (Ex. the president vetoes law or congress disapproves president nomination.)

Ratify

to sign or give formal consent.