Constitution MHS Mr. Clause Government

1. The Constitution

2. Key Words
• article
• jurisdiction
• supremacy clause
• amendment
• popular sovereignty
• Federalism
• separation of powers
• checks and balances
• veto
• judicial review
• expressed powers
• enumerated powers
• elastic clause
• federal bureaucracy
• ratify
• petition
• balanced budget
• impeach
• treaty
• executive agreement
• judicial restraint
• judicial activism

3. Key Words
• prior restraint
• probable cause
• search warrant
• arrest warrant
• due process of law
• eminent domain
• lame duck
• poll tax
• delegated powers
• expressed powers
• implied powers
• elastic clause
• inherent powers
• reserved powers
• supremacy clause
• concurrent powers
enabling act

4. Key Words
• extradite
• civil law
• interstate compact
• states’ rights position
• nationalist position
• income tax
• sunset law
• sunshine law
• bureaucracy
• Human Rights
• Incorporation
• Pure Speech
• Symbolic Speech
• Seditious Speech
• Defamatory Speech
• Slander
• Libel

5. Key Words
• Prior Restraint
• Sequester
• Gag Rider
• Shield Laws
• Picketing
• Heckler’s Veto
• Alien
• Resident Alien
• Non-resident Alien
• Enemy Alien
• Illegal Alien
• Amnesty
• Private Law
• Naturalization
• Jus Soli
• Jus Sanguinis
• Collective Naturalization

6. Key Words
• Expatriation
• Denaturalization
• Exclusory Rule
• Consul
• Self-incrimination
• Double Jeopardy
• Affirmative Action
• Security Classification
System
• Transcript
• rational basis test
• suspect classification
• fundamental right
• discrimination
• Jim Crow laws
• separate but equal
doctrine
• civil rights movement

7. STRUCTURE AND PRINCIPLES
Section One

8. Structure
• The U.S. Constitution is
extremely simple and
brief compared to others
around the world.
• The Framers wisely left it
to future generations to
work out such details as
the need arose.
• 7,000 word separated
into three parts.

9. The Preamble
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 this
Constitution for the United States of America.

10. Seven Articles
First- Legislative Branch
• Make laws
• Powers
Second- Executive Branch
• Qualifications
• Electing
• Powers

11. Articles
Three- Judicial
Create federal courts
Jurisdiction- the authority of the supreme to
rule over case.
Four- States Relationship to Federal
Article of the Constitution that regulates the
states' powers, and their interaction with the
National government.
Five- Amending the Constitution
sets up the amendment process.

12. Articles
Six- Supreme Law of the Land
No law can supersede the Constitution
(Supremacy Clause)
Seven- Ratification
9 out of 12 states have to ratify

13. Major Principles
1. Popular Sovereignty- People are the source of
governmental power.
2. Federalism- Power is divided between national and
state government.
3. Separation of Powers—each branch of government has
its own responsibility
4. Checks and Balances- holds some control over the
other two branches.
5. Judicial Review- Courts have power to declare laws and
actions of Congress and the president unconstitutional.
6. Limited Government- The Constitution limits the
powers go government .

14. THREE BRANCHES OF
GOVERNMENT
Section Two

15. Legislative Branch in the Constitution
• The Framers thought
the legislative branch
would be the most
important
• The were also very
worried of the abuse of
power.
• That is why many of
powers that Congress
has are Expressed
Powers
Expressed Powers
directly stated in the
Constitution

16. Article II
• There was no President
in the Articles of
Confederation, we lead
from that mistake!
• This branches role is to
create out the laws
made my Congress.
• The President has
steadily gained power
since the time of
George Washington.

17. Judicial Branch
• Two different systems
of courts
1. Federal courts
2. Court in the States
• Each one of these
systems only has
jurisdiction in certain
areas
Federal Courts
• Treaties
• Constitution
• State to State

18. Federal Courts Then and Now
• In the 1800, Supreme
Court judges were
assigned to “ride circuit”
which are when they
move town to town
hearing cases.
• The power to declare
laws unconstitutional is
what gave the Courts
their power.
What Supreme Court Case
gave the court Judicial
Review?
Marbury V. Madison

19. AMENDING THE CONSTITUTION
Section Three

21. First
2/3 vote in both bodies of
Congress.
The only one that has
been used.
Second
National convention
including all the states
with 2/3 vote.
Never been used

22. Presidential Changes
• Presidential Succession- Does the Vice President
stay as president until the end of the term or do
they just stay their until an election is held.
• Foreign Affairs- A President can not sign a treaty
with another country with congressional
approval, but they can do an executive
agreement, which is made directly with another
country’s leader.

23. The Federal System

24. NATIONAL AND STATE POWERS
Section One

25. Key Terms
1. Delegated powers
2. Expressed powers
3. Implied powers
4. Elastic clause
5. Inherent powers
6. Reserved powers
7. Supremacy clause
8. Concurrent
powers
9. Enabling act

26. The Division of Powers
• The Constitution
divided government
authority by giving the
national government
certain specified powers
and reserving all other
powers to the states or
to the people.
• Federalism- division of
government

27. The Constitution grants three types of power to the
national government: Expressed, implied, and
inherent powers. These three are known as
delegated powers, powers the Constitution grants
or delegates to the national government.

28. The expressed powers are
those powers directly
expressed or stated in the
Constitution by the Founders.
These are sometimes referred
to as enumerated powers.
Levy and Collect taxes
Make Money
Declare War

29. Implied Powers are derived from the necessary and
proper clause or the elastic clause in the Constitution.
These powers are required to carry out the expressed
powers that are defined in the Constitution.

30. Those powers that the national government may exercise simply
because it is a government are its inherent powers.
For example: Even though it is not in the Constitution, the national
government has the power to control immigration and establish
diplomatic relation with other counties.

31. The Constitution also reserves certain powers strictly to the
states. These are known as reversed powers.
• Regulate intrastate commerce
• Establish local government systems
• Administer elections
• Protect the publics health, welfare, and morals.

32. Concurrent Powers
• The federal government
and the states also have
certain concurrent
powers, those powers
that both governments
share.
• Levy taxes
• Borrow money
• Spend for general welfare
• Establish courts
• Enact and enforce laws

34. RELATIONS AMONG THE STATES
Section Two

35. Interstate Relations
1. Full Faith and Credit
Clause, which means to
respect the laws, records
and court decision of
the other states.
2. All the citizens have the
same privileges and
immunities
3. Extradite-send back
criminals to the state
they fled from.

36. Constitutional Provisions
• The expansion of the
national government’s
powers has been based on
three major constitutional
provisions
1. War Powers
2. Commerce Power
– Commerce means nearly all
activities concerning buying,
selling, and transporting of
goods.
3. Taxing Power
– Income tax is a major source
of funding for the national
government (16
Amendment)

37. Full Faith and Credit Clause
• This means that all
CIVIL LAWS in a
state must be
accepted by all the
other states. Not
criminal laws.
Ex. Registering Your Car