Unit 2 Notes: Ch 3 the Constitution Grable

Unit 2 Notes: Ch 3 The Constitution Grable

What is the Constitution?

I. Structure of the Constitution

A. Preamble –

We the people of the United States,

1. in order to form a more perfect union

2. establish justice

3. insure domestic tranquility

4. provide for the common defense

5. promote the general welfare

6. and secure the blessings of liberty to ourselves and our posterity

do ordain and establish this Constitution for the United States of America.

B. Articles – divisions of the Constitution – each covers a different topic

Article I

Article II

Article III

Article IV – Federalism

Article V

Article VI – Supremacy Clause

Article VII

C. Amendments

II. Separation of Powers – Three Branches of Government

Define: Separation of Powers

Define: Checks and balances -

A. Congressional checks on Judicial -

Congressional checks on President -

B.Presidential checks on Congress -

Presidential checks on Judicial –

C. Judicial checks on Congress -

Judicial checkson President –

III. Legislative Branch– Article I

A. Basic Purpose -

B. Composed of a House of Representatives and Senate – Article 1, Sect.1

C. The powers granted Congress are expressed in Article I, Sect. 8

1. Expressed powers aka enumerated (numbered 1-18) powers –

i.e. – economic, defense, other

2. Elastic Clause aka “Necessary and Proper Clause” –

Loose interpretation (broad) - Implied powers–name for powers which

come from this clause

IV. Executive Branch – Article II

A. Basic Purpose -

B. Powers have greatly expanded over time

Federal bureaucracy –

V. Judicial Branch – Article III

A. Basic Purpose –

B. Judicial Review–Marbury v Madison

Precedents-

VI. Amending the Constitution – Article V

Methods toPropose an Amendment / Methods to Ratify (approve) an Amendment
1
OR / OR
2 / National convention called by Congress at the request of the states (never been used) / States elect people to special ratifying conventions (used to repeal Prohibition)

VII. The Amendments

A. Bill of Rights – Know these by number for the test. Numbers aren’t needed for the quiz.

1.Freedom of:

d. Petition

e. Peaceably assemble

3. Quartering -

4.Privacy –

5.Protection for those accused of a crime (except eminent domain – it doesn’t relate to the others)

b. double jeopardy

d. due process

e. eminent domain

6.Rights for those accused of a crime

7. Right to a jury trial in a Civil Case

8. a. No excessive bail or finesb.

9. Not a complete list of rights

10. Reserved Powers –

11.Prohibits a state from being sued in federal court by citizens of another state or nation.

12. Electoral College – provides for separate ballots when voting for Pres. and VP.

B. Civil War Amendments - Passed with former slaves in mind (expanded today)

13. Free

14. a. Citizenship

b. States can’t deny Due Process

c. States can’t deny Equal Protection

15. Vote

C. 20th Century Amendments that reflect changes in society

16. Income Tax

17.

18. Prohibition

19.

20. Date on Congressional term (Jan. 3rd) and Inauguration (Jan. 20th)

21.

22. Presidential term limits

23.

24. Prohibits poll taxes

25. a. Vacancy for VP

b. Pres says he can’t serve

c. VP & Cabinet say Pres. can’t serve

26. Lowers voting age to 18

27.

For the test: Know amendments 1 – 10 by number.

Be familiar with amendments 11 – 27 but memorizing the number isn’t necessary.