US CONSTITUTIONLesson 4: Articles 2-7

ARTICLE II – THE EXECUTIVE BRANCH

President carries out the Law. Vice President replaces the President when needed.

Executive Branch is the largest branch of the government

14 Cabinet Departments, Post Office, Army, Navy, and Air Force, IRS, FBI, and CIA.

PRESIDENTIAL REQUIREMENTS

35 years old – natural born Citizen, must live in US 14 years before election

4 year term – 2 term limit – 10 years

Signs or vetoes bills Commander in chief

of the military Makes treaties Appoints SC justices Appoints Federal

Judges Appoints Cabinet

PRESIDENTIAL ELECTION

President voted on by electors Each state has certain number of electors

based on total number of representatives from that state.

The presidential candidate who receives the most popular votes gets all the states electoral votes

Must get a majority of the electoral vote (271) Majority – more than half Plurality – the most House of Representatives picks President if no

one receives majority of electoral votes.

THE CABINET

Group of advisors to the President 15 large departments Defense, Agriculture, and Transportation Responsible for carrying out laws passed by

Congress. Head is called a Secretary (Attorney General) President appoints, Senate approves.

ARTICLE III – THE JUDICIAL BRANCH

Constitution set up only the Supreme Court Gave Congress power to set up others Court of appeals (appellate court) and district

courts. Constitution gives states power to set up

their own courts as well. All federal judges are appointed by the

President and approved by the Senate.

FEDERAL COURTS

Supreme Court – Highest court, has power of Judicial Review. Can make laws not valid. Hears appeals from lower courts

9 judges – serve for life Court of Appeals (12) – no new trials, no

juries District Court (91) – Trial Court – deals with

crimes and dispute if there are more than 1 state, federal laws have been broken, Fed government involved in, and other countries involved.

JUDICIAL REVIEW

Judicial Review – authority to declare laws made by Congress or states unconstitutional.

Established in the case of Marbury v. Madison Have overturned 100 federal laws and 1000

state laws Brown v. Board of Education Judicial Review can also declare acts

unconstitutional

TRIALS AND TREASON

All people have the right to a jury trial Treason – an act of war against the US or the

act of helping an enemy of the US Can’t be convicted unless you confess or 2

eyewitnesses Can be convicted for thinking or talking

about it. No corruption of blood in the US.

ARTICLE IV

Describes how states will get along with the federal government and other states.

Full Faith and Credit Clause – laws, records, court decisions, rights

Extradition Congress admits new states All states must have a republic form of

government

ARTICLE V

How to amend the Constitution Propose1) 2/3 vote of both houses of Congress2) Proposed at a national convention

(Constitutional Convention) by request of 2/3 of the State Legislatures – never done

Ratify1) Ratified by conventions in ¾ of the states

(done once)2) Ratified by ¾ of the State Legislatures

ARTICLE VI

Supremacy Clause The Constitution is the highest law of the

land States must follow, all laws and all treaties State laws must agree with US Constitution All elected people take an oath to follow the

Constitution

ARTICLE VII

Constitution will become effective when 9 out of 13 states ratify it.

REVIEW

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