What is a Constitution?
Law / Legal Document
“Supreme Law of the Land”
Constitution
State and Governance
Fundamental Rights
The Constitution of the United States
Preamble
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.
Article 1: Legislature
Section 1: Congress
Section 2: House of Representatives
Section 3: Senate
Section 4: Elections / Yearly sessions
Section 5: Rights of both Houses
Section 6: Senators and Representatives
Section 7: The Legislative Process
Section 8: Congressional Powers
Section 9: Miscellaneous
Section 10: Restriction of states
Articles 2: Executive
Section 1: President
Section 2: Presidential Powers
Section 3: State of the Union
Section 4: Impeachment
Article 3: Judiciary
Section 1: Supreme Court and others
Section 2: Federal Jurisdiction
Section 3: Treason
Article 4: The Union
Section 1: “Full faith and credit” clause
Section 2: Equallity of citizens
Section 3: Expansion of the Union
Section 4: Republican form of government
Article 5: Amendments
Article 6: Supremacy
Article 7: Ratification
How is a Constitution created?
historical development
from 1774: Colonial Congress
July 4th, 1776: Declaration of Independence
November 15th, 1777: Articles of Confederation
February 1787: Confederate Congress approved a meeting in Philadelphia “ for the sole and express purpose of revising the Articles of Confederation”
May 14th (25th) 1787: Start of the Convention (quorum of 7 states)
September 17th, 1787: Signing by the delegates of the states 8 days after having received the Constitution, the Congress passed a recommendation that the states call conventions for ratifications
The Ratification Process
as part of the ratification debates, the Constitution was thoroughly analyzed and discussed
most detailed and famous defense of the Constitution was a series of 85 essays written by Alexander Hamilton, James Madison and John Jay to help persuade the New York Convention to ratify the Constitution
the federalist papers (regularly cited by the Supreme Court as evidencing the framer´s intent)
The Addition of the Bill of Rights
The antifederalists opposed the Constitution, in part because it failed to enumerate individual rights
What is the role of the Constitution?
Creates national Government and Separates Powers
divides powers between the Federal and State Government
Protects individual liberties
Explain the Separation pf powers doctrine!
Horizontal Separation of Powers —> Power separated on one level of government ( Legislative, Executive, Judicary either on state or federal level) —> horizontal; from right to left
Legislature:
Senate
House of Representatives
Executive
President / Governor
Secretaries
Judiciary
Supreme Court
Appellate / Circuit Court
Trial / District Court
in pracctice only the Judiciary is clearly separated from the other branches; apart from that the powers are linked with eachther (—> System of checks and balances)
Vertical Separation of Powers —> Power separated on to different levels of government —> vertical; from top (federal level) to bottom level (state level)
Federal
Executive, Legislative, Judicary
State
The System of Checks and Balances to lessen the possibility of tyrannical rule
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