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Constitutional Structure

Constitutional Structure. Constitutional Structure . Preamble Articles (7) Amendments . Preamble . Declares people are the authority for the Constitution (unlike the AoC which derived authority from the states) Sets out the purposes of the Constitution Form a more perfect union

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Constitutional Structure

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  1. Constitutional Structure

  2. Constitutional Structure • Preamble • Articles (7) • Amendments

  3. Preamble • Declares people are the authority for the Constitution (unlike the AoC which derived authority from the states) • Sets out the purposes of the Constitution • Form a more perfect union • Establish justice • Insure domestic tranquility • Provide for the common defense • Promote the general welfare • Secure the blessings of liberty for us and our posterity

  4. Articles • Article I • Organization and powers of the legislative branch 1. Legislative powers 2. House of Representatives 3. The Senate 4. Congressional Elections 5. Powers and duties of the houses 6. Rights of members 7. Legislative powers: bills and resolutions 8. Powers of Congress 9. Powers denied to Congress 10. Powers denied to the states

  5. Articles • Article II • The Executive Branch • Nature and scope of Presidential powers • Powers of the president • Duties of the president • Impeachment • Article III • The Judicial Branch • Judicial powers, court, judges • Jurisdiction • Treason

  6. Articles • Article IV • Relations Among the States • Full faith and credit • Treatment of citizens • Admissions of states • Republican form of government • Article V - Methods of Amendment • Article VI - National Supremacy • Article VII - Ratification

  7. Amendments • Currently 27 • Amendments 1-10 = Bill of Rights

  8. Motives of the Framers • Mixture of motives- not pure nobleness or greed • Economic Interests: -at the convention: based on states they represented -did not vote for personal economic interests (except slavery) -at ratification: personal interests effected their vote

  9. Constitutional Reform • Two main critiques are that the federal government is too weak and too strong • Reducing Separation of Powers: (govt. too weak) -govt. does too little and separation of powers prevents effective leadership -Increase presidential power for better, more streamlined policies and hold president accountable -separation of powers puts undue limitations on legislators • Critics proposals that would make us similar to British parliamentary system -Many problems, though

  10. Constitutional Reform • Making the System Less Democratic: (govt. too strong) -Govt. does too much -Democracy can produce bad results if govt. caters to special interests • Critics suggest: -Amendment limiting taxes, requiring a balanced budget, or both -President have line-item veto -Reduce power of federal courts *Again, many problems

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