The US Constitution by Gisela Marroquin

Why the Constitution?

gmarroquin108270 — 2024-02-27 19:00:31 UTC

The authors wanted to make a stronger government than what was laid out in the Articles of Confederation. But they wanted it to still be balanced so there wouldn't be a king or dictator. So they instead had limits on the power of the government.

Popular Sovereignty

gmarroquin108270 — 2024-02-27 19:23:41 UTC

The power to rule comes from the people (who give their consent to be governed).

Historical Influences

gmarroquin108270 — 2024-02-27 19:36:54 UTC

Athens Greece: Democracy where the people vote for who represents them

Ancient Rome: Republic a state where the power lies in the people and their elected officials

John Locke: People are born with natural rights that should be protected by the government

Baron de Montesquieu: Three branches of government (judicial, legislative, executive).

Limited Government

gmarroquin108270 — 2024-02-27 19:39:34 UTC

The power of the government is restricted, some powers are reserved to the states and people.

Federalism

gmarroquin108270 — 2024-02-27 19:47:02 UTC

-Division and sharing of power between the states and the central government

-Strong central government

-Delegated Powers: Given to the government

-Reserved Powers: Given to the states

-Concurrent Powers: Shared by the government and states

Separation of Powers

gmarroquin108270 — 2024-02-27 19:49:53 UTC

Legislative: Makes Laws

Executive: Enforces Laws

Judicial: Interprets Laws and determines if they are unconstitutional.

Checks and Balances

gmarroquin108270 — 2024-02-27 19:52:16 UTC

Each branch of government can override and limit other branches to ensure no one branch holds all the power.

The Constitutional Convention 1787

gmarroquin108270 — 2024-02-27 19:56:01 UTC

Because lots of the authors of the constitution had differing opinions on how the government should work, they had to make some compromises.

The Great Compromise: Has a two house legislature where the House Of Representatives is proportional to the population and the Senate has equal representation.

Commerce Compromise: Federal government regulates interstate and foreign trade and the states oversee intrastate trade.

Three-Fifths Compromise: Slaves count as three-fifths of a person for representation and taxation.

The Electoral College: Each state's electoral vote is determined by their population. To be elected, a candidate needs the majority of electoral votes.

The Elastic Clause

gmarroquin108270 — 2024-02-28 19:55:09 UTC

Allows Congress to make laws that weren't specifically mentioned in the constitution.

Article 1

gmarroquin108270 — 2024-02-28 20:01:55 UTC

-Establishes the two houses of congress: House of Representatives and the Senate

-Describes the powers of Congress: Expressed Powers, Implied Powers, Elastic Clause, and Impeachment

Article 2

gmarroquin108270 — 2024-02-29 18:49:51 UTC

-President is the head of the executive branch

-President Roles: Chief Executive, Commander in Chief, and Head of State

-To qualify for president you to be 35 years old, a natural born citizen of the US, reside in the US for at least 14 years.

-President serves for 4 years and can only serve two terms

Article 3

gmarroquin108270 — 2024-02-29 18:55:08 UTC

-The Judicial Branch

-The Supreme Court is the highest court and main job is Judicial Review

-Qualifications: No age limit or citzenship required and serves for life.

Article 4

gmarroquin108270 — 2024-02-29 19:00:48 UTC

-The courts of one state must honor the decisions and judgments of another states courts

-Citizens of one state are treated equally and fairly of another like all citizens of another state.

-If a person is accused of a crime and escapes from one state to another, they will be returned to their original state.

Article 5

gmarroquin108270 — 2024-02-29 19:12:07 UTC

Allows Congress to add amendments to the constitution when deemed necessary.

Article 6

gmarroquin108270 — 2024-02-29 19:16:09 UTC

Establishes the Supremacy Clause, which says that the constitution and the laws and treaties of the government are the highest in the land.

Article 7

gmarroquin108270 — 2024-02-29 19:18:12 UTC

Says that once the constitution is ratified by all nine states it become the official law of the land.

The 27 Amendments

gmarroquin108270 — 2024-02-29 19:31:16 UTC

Freedom of speech, press, religion, assembly, and petition
Right to bear arms
Citizens do not have to house soldiers during times of peace.
No unreasonable search or arrest
The accused has the right to not testify if they will incriminate themselves through their testimony and guarantees a right to a grand jury.
The right to a speedy and public trial
The right to a jury trial in civil matters of $20 and over
No excessive bail or cruel punishment
People get rights not listed in Constitution
Any rights not given to federal government are
given to the states and people.
Individual cannot sue a state in a federal court
Separate ballots for President and Vice
President.
Abolish slavery.
If you are born or naturalized in the U.S. then
you are a citizen of the U.S.
You cannot prevent a person from voting
because of race, color, or creed
Income tax.
Popular election of U.S. Senators.
Bans the consumption, sale, and transportation of alcohol
Women get the right to vote.
President takes office on January 20th instead
of March 4th.
Repeals the ban of alcohol
President can only serve two terms.
Washington D.C. residents can vote for
president
Anti poll tax
Lays down the rules for who becomes president
if the president dies/resigns etc.
18 year olds get to vote.
Congress cannot accept a pay raise until next
term.

The Preamble

gmarroquin108270 — 2024-02-29 19:41:59 UTC

-Introduction to the Constitution and explains the purpose of the Constitution.

"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.”