US Constitution Notes

The Constitution of the United States of America

• Constitution – body of fundamental laws which say how a government is to operate
• It is the supreme law of the land
• It explains how the government works
• It protects your civil rights
• The Preamble – lays out the purpose and introduces the Constitution
• The Articles – the substance of governmental law
• The Amendments

o   The Seven Articles

• I. The Legislative Branch
• II. The Executive Branch
• III. The Judicial Branch
• IV. Relations Among States
• V. The Amendment Process
• VI. National Debts, National Supremacy, Oaths of Office
• VII. Requirements for Ratification

·       The Six Basic Principles of the Constitution

• 1. Popular Sovereignty – supreme power rests with and only with the people
• Some parts of the Constitution mitigate popular sovereignty
• Electoral College chooses the president, not popular vote
• State Legislatures chose the Senate, not popular vote
• Later changed to direct popular election by 17^th Amendment
• 2. Limited Government
• Also called constitutionalism, and rule of law
• Government is not all-powerful
• Powers government has and doesn’t have are listed
• 3. Separation of Powers
• U.S. uses a presidential government, where the executive and legislative branches are chosen separately
• Each branch has its own powers and responsibilities
• 4. Checks and Balances
• They have powers to override each other when necessary

·      

• 5. Judicial Review
• Courts may determine whether or not what the President or Congress does is Constitutional
• If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden
• 6. Federalism
• The national government is given certain powers by the Constitution
• Whatever is left is a power for the states to use

o   Key Parts of Article I

• Section 8
• List of all expressed powers Congress has
• Also includes the “necessary and proper” clause
• Gives Congress additional “implied powers”
• Section 9
• Prohibits certain actions Congress may take
• No ex post facto laws – punishment for doing something before it was illegal
• No suspension of habeas corpus – the right to challenge one’s own detention in court
• Section 2
• President can appoint people to many positions
• Must have “advice and consent” of the Senate
• Senate takes a majority vote to confirm appointments
• Section 4
• Can only be removed by impeachment for “high crimes and misdemeanors”

o   Key Parts of Article IV

• Section 1 – Full Faith and Credit Clause
• States must grant each other “full faith and credit” on “public acts, records, and judicial proceedings”
• Means legal decisions of states must be respected and held to by other states
• Section 2 – Privileges and Immunities Clause
• States must grant residents of other states all “privileges and immunities” they give to their own residents

o   Article V - Formal Amendment Process

• Step 1 – Must Be Proposed (happens at the national level)
• Step 2 – Must Be Ratified (happens at the state level)
• This is a reflection of federalism

o   2 Ways to Propose an Amendment

• 1. 2/3 vote in both houses of Congress
• All 27 Amendments were proposed this way
• 2. Constitutional Convention requested by 2/3 of the states
• Has not ever been used

o   2 Ways to Ratify an Amendment

• 1. 3/4 of state legislatures approve it
• 26 of the 27 Amendments were ratified this way
• 2. 3/4 of conventions called by the states approve it
• Only the 21^st Amendment was ratified this way

The Bill of Rights

o   The 1^st Amendment

• Freedom of Religion
• Establishment Clause – government cannot establish a religion
• Free Exercise Clause – government cannot prohibit you from practicing religion
• Freedom of Speech
• Freedom of the Press
• Right to Assembly
• Right to Petition

o   The 2^nd Amendment

• The Right to Bear Arms
• Not the Right to Bare Arms

o   The 3^rd Amendment

• No Quartering of Soldiers in Times of Peace

·       The 4^th Amendment

• Protection Against Unreasonable Search and Seizure

·       The 5^th Amendment

• No Double Jeopardy (Can’t be charged with the same crime twice)
• Protection against self-incrimination
• Guarantee of Due Process of Law

·       The 6^th Amendment

• Right to a Criminal Trial by Jury
• Trial must be speedy, public
• Must be in the state where the crime was committed
• Right to legal counsel
• Right to call witnesses favorable to the defendant

·       The 7^th Amendment

• Right to a Civil Trial by Jury
• Civil – not criminal, typically a lawsuit for money or to repeal a government action

·       The 8^th Amendment

• Protection Against Cruel and Unusual Punishment

·       The 9^th Amendment

• Rights Retained by the People
• In other words, just because a right isn’t listed here in the Constitution doesn’t mean that people don’t have that right
• Truth from your teacher – yes, it does.

·       The 10^th Amendment

• Powers Reserved for the States
• All powers that are not given to the national government are reserved for the states

·       Basic Legislation

• Congress also changes its own powers over time, based on the words of the Constitution
• Result of “Necessary and Proper” Clause

·       Executive Action

• Presidents are always looking for ways to stretch and grow their powers
• Thus, presidents today are much more powerful than in the past

·       Court Decisions

• Since Marbury v. Madison, the court has had the power to declare acts of the president and Congress unconstitutional
• This power is called judicial review, and the court uses it to tell us what they interpret the Constitution to mean