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The US Constitution is the HIGHEST law of the land
1) It is a living document (can always change)
2) basic framework of our gov’t A) lists gov’ts powers B) Limits on gov’t powers C) gives people freedoms that cannot be
taken by the gov’t
Limited Government
National gov’t with limited powers with authority to pass laws only in the areas specifically listed in Article 1 of the constitution
Legislative Branch
Article 1
• Section 1: Congress– Senate (states)– House of Reps
(people)
• Section 2: House of Rep– 1. election & terms of
office: every 2 years– 2. Qualifications: must be
25, US citizen for 7 yrs & resident of state
– 3. division of rep: based on population/redistributed *fun fact – 3/5 for slaves; no Native Americans
– 4. vacancies: filled by special elections by state governor
– 5. officers: Speaker of the House (3rd in line)
Article 1
• Section 3: Senate– Elected by the people– 2 per state; 100 total– Elected every 6 years– Need to be 30, citizen
for 9 years, resident of state
– President of the Senate = Vice President (tie-breaker)
– Pre pro Tempore (if VP is absent)
– Impeachment – 2/3 vote
• Section 4: Elections & Mtgs
• Section 5: Organization & Rules of Procedure
• Section 6: Privileges & Restrictions– Used to be paid $6 a day– Basic $174,000– Majority/minority leader
$193,400– Pres. Pro Tempore
$223,500– VP $230,700
Article 1
Section 7: passing laws
Section 8: powers granted to Congress
Section 9: powers denied to the Federal Gov’t
Section 10: Powers denied to the states
Separation of Powers
Executive – president & federal agencies (enforce law)
Legislative – Congress (makes laws or statutes)
Judicial – Courts (clarifies law)
Checks and Balances – no one branch can be too powerful veto
Judicial Review
Court can deem a law unconstitutional
1) gov’t passed a law which the Constitution doesn’t give it the power to pass
2) or law violates somebody’s rights
State v. Federal Laws
State Federal
Varies by state Ex. License age
Every state has its own constitution
Might have greater protection of rights
Outlined by constitution
Bill of Rights – defines & guarantees fundamental rights
Constitution
• Is difficult to change
• Need a 2/3 vote by both House of Congress
• OR• Convention called by 2/3 of states
• Must be approved by ¾ of states
• Why change? Extend rights (27 amendments)