BR #3.2: Article Summary

1. BR #3.2: Article Summary • You will find 2 articles at the front desks of each row. • Scan each article and summarize them individually in a few sentences (just a few—to get the basics!) • Remember: We are talking about liberty vs security, so look for how our freedoms have changed for security purposes! • MAKE SURE THAT YOU READ THESE ARTICLES! • We will discuss them briefly, but you need to KNOW what they say. • They will provide a basis for your TEST GRADE today!!

2. For B3: • You have BLANK OUT NOTES---aren’t you excited?? • They are on the desks at the front of the room. Pick up TWO SHEETS…TWO! • Get started without me. We will go over this stuff briefly when I get back!

3. The Constitution: (The Cliff’s Notes Version) Unit 3, Part 1 U.S. Government

4. The Setup • The Constitution begins with the PREAMBLE – a beginning that sets out the goals for the document. • It is followed by SEVEN ARTICLES which explain how the new government will be set up. • When we think of the Constitution, we also tend to think about the 27 Amendments (or changes) to the Constitution. It is important to remember that these were added AFTER the Constitution is ratified.

5. The 7 Articles • Article I: Sets up the LEGISLATIVE branch • Says that the legislative branch will MAKE the laws • Explains how Congress is set up (Bicameral) • Explains how a law can be made • Explains the special powers that Congress has and mentions some special things that Congress cannot do • Article II: Sets up the EXECUTIVE branch • Says that the executive branch will ENFORCE the laws • Sets up the offices of PRESIDENT and VICE PRESIDENT • Explains how they are elected • Explains the specific powers that the president has • Explains how a president can be IMPEACHED

6. Article III: Sets up the JUDICIAL branch • Sets up a SUPREME COURT and Federal Court system • Says these judges will have lifetime appointments A quick summary of Articles I-III

7. Article IV: Explains how the Federal government will help states work with each other • Each state will give “FULL FAITH AND CREDIT” to the other states • Ex: Your MS driver’s license is valid in Louisiana • The national government will protect the states from invasion and rebellion (Thanks, Daniel Shays!) • Criminals will be EXTRADITED to the state where they committed their crimes • Article V: Explains the process for AMENDING the Constitution

8. Article VI: Extra stuff we needed to throw in • National gov’t will assume the states’ war debts • Elected officials must take an oath of office, but don’t need to pass a religious test to do so • SUPREMACY CLAUSE – No law is above the Constitution • Article VII: Ratification of the Constitution • 9 out of 13 states needed to RATIFY the Constitution to make it the law of the land. • Eventually, all 13 ratified it

9. SIX IMPORTANT PRINCIPLES OF THE CONSTITUTION • You (I hope) have some core beliefs and values that make you who you are. The Framers of the Constitution had some of these values too. Here are some of the ideas that guided their decision making process: • 1) POPULAR SOVEREIGNTY: The people created the government and they are the ones who give it power. The government must have the CONSENT OF THE GOVERNED (the people) in order to do anything. Government must respect the WILL OF THE MAJORITY.

10. 2) LIMITED GOVERNMENT – The government is NOT all powerful. Government – and the people who work in it – have to follow the rules just like everybody else. (aka RULE OF LAW) • 3) SEPARATION of POWERS – The power of the government will be split up into three branches: • Legislative: MAKES the laws • Executive: ENFORCES the laws • Judicial: Determines if the laws are CONSTITUTIONAL

11. 4) CHECKS and BALANCES: To keep any one branch of the federal government from becoming too powerful, we make sure each branch has the ability to “check” (restrain) the power of the other two. • Ex: Congress (Legislative) is the only branch that can MAKE laws. However, for a law to go into effect, the President (Executive) has to sign it (if the pres. doesn’t like it, he can VETO it). The Supreme Court has the power to rule that law UNCONSTITUIONAL, making it null and void.

13. 5) JUDICIAL REVIEW: The court system has the ability to declare laws UNCONSTITUTIONAL. They are ultimately the group that decides whether or not the decisions that we make follow the spirit of the Constitution. • 6) FEDERALISM: The States and the national government are going to have to SHARE POWER. This was a system that was stronger than the Articles of Confederation, but less authoritarian than the one in Great Britain that they fought against

14. How to Amend the Constitution

15. First method • Amendment may be proposed by 2/3’s vote in each house of Congress and be ratified by ¾’s of the State legislatures • Today, 38 State legislatures must approve an amendment for it to become a part of Constitution • 26 of 27 amendments were adopted this method

16. Second method • Amendment may be proposed by Congress and then ratified by conventions (called for that purpose) in ¾’s of the States • Only 21st amendment (1933) was adopted this way • Conventions were used to ratify the 21st amendment largely because Congress felt that the conventions’ popularity elected delegates would be more likely to reflect public opinion on the question of the repeal of nationwide prohibition than would State legislatures

18. Federalism and Popular Sovereignty • Proposal takes place at national level and ratification is on State level • When Constitution is amended, that action represents the expression of the people’s sovereign will (people have spoken) • Some have expressed dislike of sending amendments to State and not conventions since State legislatures are elected for different reasons (name popularity, political party…)

19. Proposed Amendments • Constitution places one restriction on the subjects with which a proposed amendment may deal… Article 5 declares that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate”