Established a republican style government in contrast to the confederacy established by the articles.

• Republican Government: Representatives do the work on behalf of the people.

ARTICLE I: The Legislative Branch - Two Houses (Make up Congress)

• The form and powers of Congress

“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

• Bicameral Legislature: Two houses

  • Senate: Each state is represented equally (two senators per state).

  • House: Representatives are apportioned by population.

SECTION 8

Enumerated Powers of Congress

• Lay and collect taxes

• Borrow money

• Coin money

• Declare war

• Raise and support armies

• Maintain a navy

Necessary and Proper Clause (Elastic Clause)

• Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

  • If Congress needs to make any other laws that are necessary and proper to its previous stated powers, then it has the power to do so.

ARTICLE II: The Executive Branch - The President & Bureaucracy

SECTION 2

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States…”

• The power to declare war belongs to Congress, but the President is the highest in the chain of command of the military.

SECTION 3

The President “…Shall take care that the laws be faithfully executed...”

• Congress passes laws and the President executes or enforces them.

• The President is the final step in the lawmaking process.

ATICLE III: The Judicial Branch - The Supreme Court

“The Judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

• The Constitution provides for one federal supreme court, and then gives congress the power to establish other courts (Judiciary Act of 1789).

• Jurisdiction indicates what kind of disputes are within the realm of the court’s power to decide.

“In all Cases, affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.”

• Original jurisdiction: The supreme Court can hear that case for the first time.

“In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction…”

• Appellate jurisdiction: The court cannot hear a case for the first time, but can only hear appeals from the lower courts.

ARTICLE IV: State Relations

ARTICLE V: Amendment Process

I. Proposal

II. Ratification

AMENDMENT PROCESS

• Two-thirds of both Houses of Congress can propose

• Two-thirds of state legislatures can propose

• In order to ratify the amendment, three-fourths of the states have to agree in order to ratify

ARTICLE VI: National Supremacy

Supremacy Clause

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…”

• If the federal government makes a law and a state government makes a contradictory law, the federal law will always trump state law.

  • Federal law is supreme.

BILL OF RIGHTS: protects the rights of citizens from the government

• Guaranteed by the Federalists and was added immediately after ratification

• 10 amendments written by James Madison

CHECKS & BALANCES: In addition to power being separated among the various branches, each branch has the power to check the other branches.

• Legislative branch can check the executive branch with its power of advice and consent.

  • Checking power specifically designated to the Senate.

• Congress holds the power of impeachment over the president.

• Executive branch has the power to check Congress through the veto.

  • Power granted to the President by Article II Section 7 of the Constitution.

  • Congress can override the veto with a two-thirds vote.

    • The bill becomes a law without the presidential signature.

• Judicial branch has the power of judicial review.

  • Not in the Constitution, but established very early.