"We the People": The Constitution establishes a government for and by the people of the United States, aiming to create a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty.
Federalism
Division of Power: Federalism divides power between the federal government and state governments.
Central to Structure: The framers of the Constitution considered federalism a critical component of the government's structure.
State Responsibilities: States manage issues within their borders, like schools and local elections.
Federal Responsibilities: The federal government handles issues affecting the entire country, such as national defense, foreign affairs, and interstate issues.
Powers
National Government Powers:
Make treaties.
Establish and regulate postal system.
Regulate foreign & interstate commerce.
Tax imports/exports.
Declare war.
Maintain military.
Coin money.
Protect copyright/patents.
Make all laws "necessary and proper" to meet responsibilities per the U.S. Constitution
Concurrent (Shared) Powers:
Collect taxes.
Regulate banks.
Establish and administer a judiciary.
Borrow money.
Provide for common good.
Make and enforce laws.
State Government Powers:
Establish local government.
Regulate intrastate commerce.
Public education - schools.
Conduct elections.
Provide for common good- protecting health, safety/morals.
Regulations for marriage.
Professional licensure.
All powers not delegated to the National Government or denied to the states per the U.S. Constitution.
Branches of Government
Legislative Branch: Congress (House of Representatives and Senate).
Line item veto (Governors only) -- Reject part of a bill
Judicial (Courts):
Can declare laws unconstitutional
Confirms presidential appointments
Impeach/remove federal judges
Establish courts & set number of judges
Federal judges & justices appointed for life
Bill of Rights
Approval of Amendments: In 1789, the first Congress quickly approved amendments to the Constitution to defend individual liberty.
Ratification: The first ten amendments were ratified by the states in 1791 and are known as the Bill of Rights.
Purpose: These amendments protect against abuses by the central (federal) government.
Specific Amendments
1st Amendment: Freedom of religion, speech, press, the right to petition, and the right to assembly.
2nd Amendment: The right to keep and bear arms.
3rd Amendment: No forced quartering (housing) of troops in private homes.
4th Amendment: Protection from unreasonable searches and seizures [arrests].
5th Amendment: Due process of law (fair treatment), no double jeopardy (can’t be charged for the same crime twice), or self-incrimination (“I plead the fifth”).
6th Amendment: Rights for those accused of crimes: the right to a speedy and public trial by jury, clear charges, witnesses in defense, and an attorney.
7th Amendment: Right to a trial by jury.
8th Amendment: Protection from cruel or unusual punishments.
9th Amendment: Right to other rights not included in the Constitution.
10th Amendment: Powers not outlined in the Constitution for the national government are given to the states.
Key Takeaways
Constitutional Convention: Delegates from the states created a limited but dynamic central government.
Federalism and Separation of Powers: The government embodies federalism and provides for a separation of powers between its three branches.