Chapter 4: The United States Constitution

Due process

The principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards

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

Article I

Legislative Branch

Article II

Executive Branch

Article III

Judicial Branch

Article IV

Relations Among States

Article V

Provisions for Amendment

Article VI

Public debts, Supremacy of Nation Law, Oaths

Article VII

Ratification of the Constitution

Structure of the Constitution

Preamble, articles, amendments

Enumerated powers

Powers of the nation government that are specifically listed in the US Constitution

Implied powers

Powers of the national government that are not specifically listed in the Constitution, but which the government can reasonably claim as part of its governing responsibility

Necessary and Proper Clause / Elastic Clause

Allows Congress to stretch its lawmaking powers to include law that are “necessary and proper” for carrying out its duties

Supremacy Clause

States that the Constitution is the “supreme law of the land” which means that federal law supersedes all state and local laws

Legislative Branch powers

• Makes the laws

• Appropriates funds for laws and programs

• Approves treaties and executive appointments

• Establishes federal courts

Executive Branch powers

• Enforces laws

• Acts as commander in chief of military

• Negotiates treaties

• Appoints federal judges and other top officials

Judicial Branch powers

• Interprets the laws

• Reviews lower court decisions

• Judges whether laws and executive actions are constitutional

• Rules on cases between states

Amending the Constitution

Amendments are proposed by a 2/3rds vote in both houses of Congress and then are ratified by ¾ths of state legislature

Checks and balances

A system in which each branch of government can limit the power of the other branches

Veto power

The power of the president to reject a bill and send it back to Congress

Delegated powers

Powers granted to the national government

Concurrent powers

Powers shared by the federal and state governments

Independent judiciary

A system of judges and courts that is separate from other branches of government

Judicial review

The power of the courts to declare laws and executive acts unconstitutional