The Constitution Framework of the Constitution

The Constitution

Framework of the Constitution • Framework of the Constitution consists of: – Preamble (intro/goals) – Articles (7) – Amendments (27)

Preamble of the Constitution “We the People of the United States in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the CONSTITUTION for the United States of America. ”

Constitution, Article I Legislative Branch Section 1 • All legislative powers vested in a Congress, which shall include a House and Senate Section 2 • Membership of House of Representatives • Allocation: determined by population Section 3: • Membership of the Senate • Allocation: 2 from each state

Constitution, Article I Legislative Branch Section 8: Specific Powers of Congress • Lay and collect taxes • Provide for common defense and general welfare • Borrow money • Make all laws necessary and proper (“elastic clause”)

Constitution, Article II Executive Branch Section 1: Executive power vested in a President • Establishes electoral college • Establishes 4 year term for President • Establishes President as Commander in Chief of Army and Navy Section 4 • Power to be impeached by Congress (checks and balances)

Constitution, Article III Judicial Branch Section 1 • Judicial power shall be vested in one Supreme Court and lower courts as Congress deems necessary Section 2 • Trial by jury, sets jurisdiction for particular cases

Constitution, Article IV Relations Among the States Section 1 • Each state must recognize the laws and court decisions of all other states Section 2 • Citizens will receive equal treatment in all states • Extradition: a person convicted or accused of a crime must be returned to the state where the crime was committed • Fugitive-Slave Clause: slaves could not become free persons by escaping to free states

Constitution, Article IV Section 3 • Congress has the power to admit new states • Congress has power over federal land Section 4 • The federal government can send troops into a state to guarantee law and order, even without the consent of the state government • All states have a republican form of

Constitution, Article V The Amending Process • The Constitution is a living, breathing document • Framers recognized their own “imperfections” • Needed to make amending difficult, but not impossible • Why?

Methods of Proposing an Amendment Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment]

Methods of Proposing an Amendment Method 1 By 2/3 vote in both the House and the Or Senate [most common method of proposing an amendment] Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures [This method has never been used]

Methods of Ratifying an Amendment Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified]

Methods of Ratifying an Amendment Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified] Method 2 Or Ratified through conventions in ¾ of the states. [Only been used once to ratify the 21 st Amendment]

Amendment Process Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate Or Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures Methods of Ratification Method 1 By legislatures in ¾ of the states Or Method 2 Ratified through conventions in ¾ of the states.

Constitution, Article VI National Supremacy • The Constitution and federal laws are supreme (“supremacy clause”)

Constitution, Article VII Ratification • 9 of the 13 states • 12 of 13 states signed the Constitution • Rhode Island was the last state to ratify the Constitution (after the Bill of Rights was added)