The Constitution The Preamble The Preamble We the

The Constitution

The Preamble

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. ”

The Preamble explains WHY the Constitution was established. “We the People of the United States…”

To form a more perfect union… Creating national institutions to bring people and states closer

To insure domestic tranquility… Assure law and order so people can live in safety and without fear of violence

To establish justice… Fair legal procedures and courts to protect the innocent, punish lawbreakers and enforce valid contracts

To provide for the common defense… Military forces to protect the people and promote the national interest against foreign threats

To promote general welfare… Enhancing the economic and social well- being of the people

To secure the blessings of liberty… Restraining the powers of government and guaranteeing civil liberties so that people may live in freedom

Principles of the Constitution

Principles of the Constitution The main idea behind the Constitution is government should have limited power so that Americans are always free.

Principles of the Constitution The Constitution states that the United States government is a republic and a democracy.

Principles of the Constitution Republic: People elect their leaders Democracy: People allow their elected officials to rule

Principles of the Constitution Federal System: Power is shared between a central government and state government. Both receive power from the people

Powers Given to the Federal and State Governments Delegated Powers Implied Powers Reserved Powers Concurrent Powers Denied Powers

Delegated Powers Found in Article I, Section 8 of the Constitution Delegated powers are powers given to the central government

Delegated Powers Financial: Levy taxes Collect and borrow money Coin money and regulate its value Punish counterfeiters

Delegated Powers Commercial: Regulate interstate and foreign trade Establish rules for bankruptcy Establish post offices and routes Grant patents and copyrights

Delegated Powers Military: Declare war Raise, support and make rules for an army or navy Call up the state militia to enforce federal laws Stop invasions Punish piracy

Delegated Powers Miscellaneous: Establish rules for the naturalization of aliens Provide courts below the Supreme Court Control all federal property

Implied Powers Found in Article I, Section 8, Clause 18 of the Constitution Implied powers are powers given to Congress

Implied Powers To make all laws which shall be necessary and proper for carrying into execution foregoing powers Elastic Clause: Expanding Congress’ delegated powers Called “implied powers” because they are not specifically stated in the Constitution Example: under the power to regulate interstate commerce, Congress has the right to build a dam across a river

Reserved Powers Found in Amendment 10 of the Bill of Rights Reserved powers are powers given to the states

Reserved Powers Education Voting requirements Intrastate trading Intrastate crimes Traffic laws Marriage and divorce

Reserved Powers Directly concerned with protecting the health, welfare, and morals of the people

Concurrent Powers shared by the federal government and the state governments

Concurrent Powers Levy taxes Borrow money Build roads Maintain roads

Denied Powers denied to the federal and state governments

Denied Powers The Federal government CANNOT: Pass any commerce laws favoring one state over another Grant any title of nobility Levy any tax on exports Levy any direct tax not based on population Spend any money without permission from the law

Denied Powers The Federal government CANNOT: Take away the civil liberties of the people by suspending the rights of: Habeas Corpus: No person shall be kept in jail without a written, public statement of charges. A person can be freed if he is held illegally.

Denied Powers The Federal government CANNOT: Take away the civil liberties of the people by suspending the rights of: Bill of Attainder: A person cannot be tried, convicted and punished without a trial.

Denied Powers The Federal government CANNOT: Take away the civil liberties of the people by suspending the rights of: Ex Post Facto Law: A person cannot be punished for acts that were not criminal at the time they committed the act.

Denied Powers The States CANNOT: Coin money Levy import and export taxes Enter into agreement with each other Maintain troops in peacetime or engage in war Grant titles of nobility Pass bill of attainder or ex post facto laws

Separation of Powers

Separation of Powers The Constitution set up a central government divided into THREE branches. Executive Branch (President) Legislative Branch (Congress) Judicial Branch (Court system)

Executive Branch Carries out or enforces the law Makes treaties and carries out foreign policy Suggests needed laws Runs executive departments Suggests budgets Appoints judges and executive department heads

Legislative Branch Makes laws Approves treaties and presidential appointments Decides how much money will be collected and used

Judicial Branch Interprets or decides the meaning of the laws Decides whether the laws of Congress and actions of the President are constitutional

Separation of Powers By separating the powers among the three branches, the writers of the Constitution believed they could prevent any one person or group from becoming too powerful.

Checks and Balances Checks and balances is a system where each branch of government checks or restrains the other branches.

Checks on the Executive Branch The President can be impeached for “treason, bribery, or other high crimes and misdemeanors” President would be accused by the House of Representatives and tried in the Senate President can make treaties The treaty must be passed by 2/3 of the Senate to get ratified President can appoint officers The majority of the Senate is needed to confirm the appointment 2/3 vote by Congress can override a Presidential veto

Checks on the Legislative Branch The President can check and balance Congress President can veto Congressional legislation President can put pressure on and influence Congress by the State of the Union Address and by asking for special passage of a law Public pressure on Congress

Checks on the Judicial Branch Congress can impeach federal judges and set the number of judges on the Supreme Court President appoints all federal judges (with the Senate’s approval) and can pardon anyone convicted of crimes in the federal court