GOVERNMENT C. 3THE ARTICLES AND THE AMENDMENTS

BASIC PRINCIPLES OF THE CONSTITUTION CONSTITUTION HAS 3 PARTS:

PREAMBLE 7 ARTICLES 27 AMENDMENTS

IT IS BASED ON 6 BASIC PRINCIPLES: 1. POPULAR SOVEREIGNTY 2. LIMITED GOVERNMENT (CONSTITUTIONALISM OR RULE OF

LAW) 3. SEPARATION OF POWERS (PRESIDENTIAL SYSTEM) 4. CHECKS AND BALANCES 5. JUDICIAL REVIEW—FEDERALIST PAPERS # 51, 78 AND

MARBURY V. MADISON, 1803. 6. FEDERALISM

THE ARTICLES:

I—LEGISLATIVE BRANCH

II—EXECUTIVE BRANCH

ARTICLE III—JUDICIAL BRANCH ARTICLE IV—RELATIONS BETWEEN THE STATES ARTICLE V—AMENDMENT PROCESS ARTICLE VI—SUPREMACY CLAUSE ARTICLE VII—RATIFICATION

BILL OF RIGHTS (1-10) 1ST FREEDOM OF EXPRESSION 2ND OWN A GUN 3RD QUARTERING 4TH PRIVACY 5TH RIGHTS OF THE ACCUSED 6TH RIGHTS OF THE ACCUSED 7TH CIVIL LAWSUITS 8TH CRUEL AND UNUSUAL PUNISHMENT 9TH RIGHTS RESERVED TO THE PEOPLE 10TH POWERS RESERVED FOR THE STATES

THE OTHER AMENDMENTS: 11TH

12TH

13TH

14TH

15TH

16TH

17TH

18TH

19TH

20TH

21ST

22ND

23RD

24TH 25TH

26TH

27TH

THE CONSTITUTION

PART 1: THE PREAMBLE

States the purpose of the Constitution:

We the people of the United States, in order to form a more perfect union, establish justice, provide for the common defense, promote the general welfare, insure domestic tranquility and to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

THE ARTICLES ARTICLE I: THE LEGISLATIVE BRANCH (make laws)

Section 1: Legislative power—Congress Section 6: Compensation

Section 2: House of Representatives Section 7: Revenue Bills, VetoSection 3: Senate Section 8: Powers of CongressSection 4: Elections and Meetings Section 9: Powers denied to CongressSection 5: Legislative Proceedings Section 10: Powers denied to States

Qualifications: House of Representatives: Age: at least 25 Citizenship: 7 years a citizen Residency: Resident of the state and the district from which

you are elected. Term: 2 years with no term limit Senate: Age: at least 30 Citizenship: 9 years a citizen Residency: Resident of the state from which your are elected Term: 6 years with no term limit

ARTICLE II: THE EXECUTIVE BRANCH (carry out the laws) Section 1:--Describes the qualifications for the Presidency. Section 2:--Lists the powers and duties of the president.

Section 3: Powers and duties continued Section 4: Impeachment process

Qualifications: Age: at least 35 Citizenship: natural born citizen of the United States Residency: 14 years a resident of the United States Term: 4 years. 2 term limit or a maximum of 10 years. Powers and Duties of the President: Commander-in-chief State of the Union Address Negotiate treaties Appoint Ambassadors and Justices to the Federal Courts. Suggest legislation Veto or sign into law Grant pardons and reprieves

ARTICLE III: THE JUDICIAL BRANCH (apply the laws) Section 1: --Judicial Power and term of office. Section 2: --Jurisdiction. Section 3: --Treason QUALIFICATIONS: No Constitutional requirements. ***There are traditional- Lawyer or a judge, and a member of

the political party of the President or one who shares his/her beliefs.

Currently there are 9 Justices on the S. Ct. DUTIES/POWERS: - Apply the Constitution to Maritime law, -hear cases against foreign diplomats, -settle disputes between the states, -lawsuits against the government, -cases of impeachment, **judicial review.** TERM:

Life (can retire and/or be impeached)

ARTICLE IV: --Describes the relations among the states --Full faith and credit, Treatment of citizens --Process for the admission of new states --Republican form of government for the States ARTICLE V: --Methods for amending the Constitution Proposals: 2/3s of the House and Senate; or by, Constitutional Convention Ratification: 3/4s State Legislatures; or by, 3/4s of the voters in each State ARTICLE VI: Supremacy Clause ARTICLE VII: 9/13 to ratify the Constitution.

THE AMENDMENTS

BILL OF RIGHTS Sept. 1789 Congress sent to the states 12 amendments for

ratification. 10 were ratified—Dec. 1791

1ST AMENDMENT: Freedom of religion Freedom of Speech, Press Right to Assemble Petition the government 2nd AMENDMENT Keep and bear arms 3rd AMENDMENT No quartering of troops without owners permission

(peace) No quartering during war without Congress passing a

law.

4th AMENDMENT No unreasonable searches and seizures No warrants without probable cause. Warrants cannot be general, have to specific to

place, persons and things to seized. 5th AMENDMENT Capital offenses must have Grand Jury

indictment. No double jeopardy. No self-incrimination. Due process of law. Eminent domain (fair compensation) 6th AMENDMENT Right to a fair and public trial. Right to confront witnesses, and the right to an

attorney. Call witnesses. 7th AMENDMENT Jury trial in a civil case in Federal Court if

controversy is more than $20.

8th AMENDMENT No excessive bail. No cruel and unusual punishment. 9th AMENDMENT The people have implied rights.. 10th AMENDMENT Powers not regulated to the federal government are

reserved for the States. ______________________________________________________ AMENDMENTS 11-27 11TH AMENDMENT 1795 States cannot be sued in Federal Court. 12th AMENDMENT 1804 Electoral College will vote separately for President and Vice-

President. 13th AMENDMENT 1865 (1st of 3 Civil War Amendments) Outlawed slavery

14TH AMENDMENT 1868 Defines citizenship “jus soli” or “jus sanguinis” Due process clause against unfair and arbitrary

actions by the states. Equal protection clause—outlaws discrimination **This amendment has allowed for many of the Bill

of Rights to be extended to the States***

15th AMENDMENT 1870 Forbids states from denying the right to vote

based on race, color, or previous condition of servitude.

16th AMENDMENT 1913 Congress has the power to levy and collect a

direct tax (“income tax”)

17th AMENDMENT 1913 Direct election of Senators. If there is a vacancy, the Governor would appoint

the Senator until an election can be arranged. 18TH AMENDMENT 1919 Outlawed the making, selling, transporting,

importing, exporting of alcoholic beverages in the US. (Went into effect by the Volstead Act)

19TH AMENDMENT 1920 Gave women the right to vote. 20th AMENDMENT 1933

Moved inauguration day from March 4th to Jan. 20th .

“Lame Duck” Amendment 21st AMENDMENT 1933 Repealed the 18th Amendment

22nd AMENDMENT 1951 Limits the President to 2 terms or no more than 10

years as president. 23rd AMENDMENT 1961 Gives the District of Columbia 3 electoral votes. 24TH AMENDMENT 1964 Outlawed Poll Taxes 25TH AMENDMENT 1967 Put into the Constitution the precedent started by

John Tyler, that the VP becomes the president if the President dies in office or leaves office during the middle of his term.

It also allows the president to fill a VP vacancy upon confirmation from Congress.

Establishes the procedure used to declare a president incapacitated.

26TH AMENDMENT 1971 Gave 18 year olds the right to vote. 27th AMENDMENT (1789) 1992 Congressional pay raises do not go into effect until

the next term.

CONSTITUTIONAL CHANGE BY OTHER MEANS

The Constitution is a “living document”. There are 5 ways in which the Constitution

can be informally changed. 1. Basic Legislation—

This refers to laws passed by Congress and actions taken by the President.

Many of the Articles laid out guidelines for the government.

Congress was to fill in the gaps. (Examples) Art. III stated there would be one Supreme Court

and inferior courts as Congress may [create]. Judiciary Act of 1789– 5 Justices and it created many

district federal courts. (ex) Art. II set up the Presidency, but it was the

President that created the Cabinet jobs and other agencies to help him run the government.

INFORMAL CHANGES CONTINUED:

Other examples would Congress passing laws to clean up the environment, create a Bank, regulate foreign and interstate commerce.

2. Executive Action— The Constitution says only Congress can declare war, but

on over 100 occasions the President has committed troops into combat without a declaration of war. (power as Commander-in-Chief).

Only Congress can approve treaties, but the Presidents have used Executive Agreements to make deals with foreign countries. An Executive Agreement is a pact between the President and the leader of the other country, where a treaty is a formal agreement between two countries.

3. Court Decisions— The Supreme Court interprets and applies the Constitution

and in many cases they translate the meaning of it. Marbury v. Madison.

Despite having this power, the Supreme Court has found most governmental actions in question to be constitutional.

INFORMAL CHANGES:

4. Party Practices— Political parties are not mentioned in the Constitution. Many of the Founding Fathers opposed their formation. But they have a lot to do with the elections of

Congressmen, Senators and the President. Politicians follow the platforms (set of beliefs)

established by their party. Parties sponsor primary elections that determine the

candidates for almost all political offices. Presidential appointments are based on party lines.

5. Custom– (precedent) Creation of the Cabinet. VP becoming President if the President died in office. Senatorial courtesy. “No third term”

REVIEW 1. Constitution created a Federal Republic.

Division of powers (Federal and State) Representative government

2. Sovereignty was with the people. 3. Separation of Powers and Checks and

Balances. 4. Guarantee of Civil Liberties.