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The Constitution
Part 1
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Problems the Founding Fathers had to deal with while writing the
Constitution
• The language they used in the document – would it be too difficult for the common man to understand?
• How much power should they give the 3 branches?- Equal Power (Separation of Powers)- Checks and Balances
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What did most of the Founding Fathers fear?
• Power =
• Unfair laws passed by Legislature
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There are 7 Articles in the US Constitution
• I - Legislative Branch (longest article)
• II - Executive Branch
• III - Judicial Branch
• IV - Relations Among the States
• V - Amendment Procedures
• VI - Supremacy of the Constitution
• VII - Ratification
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Article I - The Legislative Branch
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Issues Addressed in Article I
• Proportional Representation• Requirements to Participate in Congress• Enumerated Powers• “Necessary and Proper” Clause• Power is still given to the States• Supremacy Clause• Power is given to check the Executive and
Judicial branches
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Proportional Representation
• Based on population of the State– Census is taken every 10
years to determine population
• 3/5ths Compromise– Slaves would count as
3/5ths of a person when determining population
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Requirements to participate in the Legislative Branch
House of Representatives
• Term: 2 years • Age: 25 years old• Must live in the State
you represent• Must be a U.S. Citizen
for at least 7 years
Senate
• Term: 6 years • Age: 30 years old• Must live in the State
you represent• Must be a U.S. Citizen
for at least 9 years
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Congress has 18 powers that are spelled out in the Constitution - They are known as the
Enumerated Powers• Collect taxes• Borrow money• Regulate trade with other
countries• Determine the
qualifications to become a citizen of the USA
• Coin money• Standardize all weights
and measures
• Punish counterfeiters• Establish Post Offices• Create Federal courts
beneath the Supreme Court
• Declare war• Raise and support the
Armed Forces• Make “necessary and
proper” laws to carry out the powers given to Congress
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“Necessary and Proper” Clause
• The Congress shall have power …To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
• Known as the Elastic clause
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Powers were still given to the States
Some examples of things the States still controlled are…
• Education• Family Law• Property Law
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Supremacy Clause
• Article VI, Paragraph 2 of the Constitution is known as the Supremacy Clause.
• It establishes the Constitution, Federal laws, and U.S. treaties as "the supreme law of the land."
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Power is given to check the Executive branch
Legislative Checks on the Executive Branch
• override presidential vetoes• impeach and remove
president• declare war• confirm or reject
presidential appointments • approve or reject treaties• controls money for
government programs
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Power is given to check the Judicial branch
• impeach judges • approve or reject nominations to the courts