Constitution Study Guide
Constitution Study Guide
James Madison- main author
The Preamble- the purpose of the Preamble was simply to explain why they were creating a national government.
Separation of Powers:
1. Legislative- Declare War, Override Veto, Pardon Federal Offenders, Appropriate Money
- Congress: House of Representatives and senate
- Makes the laws
- Senate (2 from each state) 6 year term
- House of Representatives (based on population) )(5 slaves count as 3 people)
- Bicameral Legislature (compromise due to conflict over representation)
- Implied= set a minimum wage
- Direct= declare war, ability to tax
2. Executive- Veto a law, control military
- President and the Presidents peoples
- Enforces the law
- Chief Executive: President
- 4 year term
- Natural born citizen
- Commander-in-chief
3. Judicial- Declare Law Unconstitutional
- The supreme court
- Interprets the law and provides trials
- 9 supreme court justices
- Life long term
- Appointed by the president
The Necessary and Proper Clause (“The Elastic Clause”)
- Congress shall have power to make all laws which shall be necessary and proper
Federalism- Authority is divided between a central governing authority and constituent political units (such as states)
Federalists- wanted a strong national government
Anti Federalists- ware afraid of giving the national government too much power
Bill of Rights- after much debate the compromise that finally resulted in the Anti Federalists going along with the ratification of the Constitution was the promise to add a bill of rights
Judicial Review- Legislative and executive actions are subject to review (and passible invalidation) by the judiciary. (they can decide whether or not the government’s actions are constitutional) MARBURY VS. MADDISON
Limited Government- the national government is only allowed the powers given to it by the Constitution; not supreme power
Popular Sovereignty: “We the people…” the people are the source of
James Madison- main author
The Preamble- the purpose of the Preamble was simply to explain why they were creating a national government.
Separation of Powers:
1. Legislative- Declare War, Override Veto, Pardon Federal Offenders, Appropriate Money
- Congress: House of Representatives and senate
- Makes the laws
- Senate (2 from each state) 6 year term
- House of Representatives (based on population) )(5 slaves count as 3 people)
- Bicameral Legislature (compromise due to conflict over representation)
- Implied= set a minimum wage
- Direct= declare war, ability to tax
2. Executive- Veto a law, control military
- President and the Presidents peoples
- Enforces the law
- Chief Executive: President
- 4 year term
- Natural born citizen
- Commander-in-chief
3. Judicial- Declare Law Unconstitutional
- The supreme court
- Interprets the law and provides trials
- 9 supreme court justices
- Life long term
- Appointed by the president
The Necessary and Proper Clause (“The Elastic Clause”)
- Congress shall have power to make all laws which shall be necessary and proper
Federalism- Authority is divided between a central governing authority and constituent political units (such as states)
Federalists- wanted a strong national government
Anti Federalists- ware afraid of giving the national government too much power
Bill of Rights- after much debate the compromise that finally resulted in the Anti Federalists going along with the ratification of the Constitution was the promise to add a bill of rights
Judicial Review- Legislative and executive actions are subject to review (and passible invalidation) by the judiciary. (they can decide whether or not the government’s actions are constitutional) MARBURY VS. MADDISON
Limited Government- the national government is only allowed the powers given to it by the Constitution; not supreme power
Popular Sovereignty: “We the people…” the people are the source of