ANDImportant Clauses of Constitution

Discuss 1. preamble 2. articles 3. clauses 4. amendments

1. Three branches of government – executive, legislative, and judicial

2. Federal system of government – divide power between federal (national) govt and state govt

Reminder --- teach my awesome students the “federalism hand signal”

Enumerated powers means powers of fed govt specifically listed in constitution

Implied powers of federal govt means powers not listed in constitution. Implied powers are found in the “elastic clause” (Article 1 of const.). Implied powers strengthens power of fed govt.

All powers NOT listed in constitution are reserved powers for the states.

Clause – sentence in constitution. Elastic clause - “Congress shall have the

power to make all laws which are necessary and proper to execute one of the 17 enumerated powers.”

Created “implied powers” of federal govt

Ex – fed govt can maintain an army (enumerated power), so it is “implied” that the fed govt can create an air force.

Specifically - Constitution is supreme law of the land.

In general, const and fed laws and treaties are supreme law of the land

Supreme law of land means = final authority or highest law of the land

Found in 14th amendment of constitution Used to decide Plessy v. Ferguson and

Brown v. Board of Education Protects minority groups form unfair

treatment by govt

Found in 5th and 14th amendments of constitution

Means govt must follow procedures

Example- when arrested police must follow procedures (or due process rights) and read miranda rights

Based on the information in the graphic organizer, a constitutional amendment is ratified by

a. A constitutional convention called by Congressb. Three-fourths of the 50 state legislaturesc. A two-thirds vote of both house of Congressd. All of the above

Supreme Court decision – established “Judicial Review”

Judicial Review means that the Supreme Court can “check” the other 2 branches to determine if actions/laws are constitutional

Judicial Review is an example of checks and balances

Chief Justice of the Supreme Court from 1801 - 1835

John Marshall court decided Marbury v. Madison (1803) and established Judicial Review

Also decided McCulloch v. Maryland (1819) states could not tax federal institutions.

Yes – majority vote wins But majority must always respect rights of the

minority. Minority rights protected by constitution

Ex. Due process of law – govt can not take away man’s life,liberty, or property without due process of law

Ex. “Equal protection clause” – minorities have the right to be treated “equally”. Men (majority) and women (minority) must be paid the same for the same work. Blacks (minority) have same right to go to same public schools as whites (majority).