Declaration of Independence

United States Constitution
Constitution Test Preparation for GED

U.S. Constitution 1791

Provides Framework of Government
7 Articles (parts, divisions, sections) plus 27 Amendments (changes or additions)
Replaced the Articles of Confederation (Original Constitution)

The Preamble (Introduction)

We, the people . . .
To form a more perfect union
To insure domestic tranquility
To promote the general welfare
To provide for the common defense
To establish justice
To insure the blessings of liberty

The 3 Branches of Government

Article 1: Legislative (Congress): House of Representatives and Senate
Article 2: Executive: President and Vice President
Article 3: Judicial: Supreme Court

U.S. Government: House of Representatives

1 of 2 houses of congress
435 MEMBERS: number of representatives from each state is determined by population
Term: 2 years

QUALIFICATIONS:

25 years old

US citizen for 7 years

Live in the district represented

Leader (Presiding Officer) , Speaker of the House

U.S. Government: Senate

100 Members: 2 lected from every state
TERM: 6 years

QUALIFICATIONS:

30 years old

9 years a citizen

live in the state epresented

Leader: (Presiding Officer) U.S.V.P. or President Pro Temp

Article II: Executive (President & Vice-President)

Duty: To carry out laws
Term of office: 4 years (No more than 2 terms)
Qualifications:
- 35 years old
- Natural born citizen
- Resident of U.S. for at least 14 years
Powers of President (executive)
- Sign (approve): bill passed by Congress into law
- Veto (reject): return bill to Congress without approval
- Commander-in-Chief of Armed Forces
- Can temporarily send miliary to situations to protect American lives or interests
- Cannot declare war, but can recommend that Congress declare war
- Sign treaties with approval of Senate
- Make appointments to government positions (Cabinet members, Supreme Court Justices, Ambassadors) with approval of Senate
- Make recommendations for laws to Congress
- Give State-of-the-Union Address each year at beginning of congressional session
- Receive Ambassadors and Heads of States from other countries

More Executive Information (web links)

ARTICLE II: Electing a President: The Electoral College

Presidential election held in Nov. every 4 years where citizens vote -- popular vote
Each state’s electors cast all of their state’s electoral votes to the candidate who wins the popular vote
Each state selects electors who pledge to vote for the candidate of their political party
NUMBER of Electoral votes for each state is equal to the total of the state’s number of Representatives in Congress plus the number of its Senators (2)

Electoral College

538 total electoral votes
To win, a candidate must receive 270 votes (1 more than 1/2 the total)
If no one winds majority, President is selected by House of Representatives

Extra Electoral College Information (web links)

Article III: Judicial Branch: Supreme Court

Duty: To interpret the laws

9 Supreme Court Justices

Appointed by President
Approved by Senate
Term: Life

3 Types of Federal Courts

Supreme Court
Appellate Court (court of appeal)
District Court (trial court)

Judicial Review

Power of Supreme Court to determine constitutionality of a law
Judicial review was 1st used in case of Marbury vs. Madison
Brown vs. Board of Education Topeka, KS overturned “separate but equal” (Plessy vs. Ferguson 1896)
Dred Scott decision 1857

Extra Supreme Court Information (web links)

Article IV: Relationship Between States

Citizen Rights: Citizens of each state shall have the same rights and privileges as citizens in other states
Extradition: returning an accused person to the state where the crime was committed
How new states can be admitted the U.S.
Representative government is guaranteed in every state

Article V: Amending the Constitution

Amendments are additions or changes to the constitution

2/3 of Senate and 2/3 of House of Representatives PROPOSE an amendment
3/4 of state legislatures ratify the amendment

Article VI: U.S. Constitution is Supreme Law

Federal law takes precedence over state law.

Article VII: Process to Ratify the Constitution

Had to be approved by 3/4 of states

Bill of Rights: Amendments 1 through 10 (27 Total)

I. Freedom of Speech, Press, Religion, Assembly, and Petition

II. Right to bear arms

III. No quartering of soldiers

IV. No unreasonable search or seizure

V. Due process of law

Writ of Habeas corpus (prevents prisoner from
Being held without being formally charged)
No self-incrimination (“I refuse to answer on the grounds that it may incriminate me”)
No double jeopardy: prevents being tried for the same crime more than once
Eminent Domain: the right of government to
Buy private property for public use

VI. Rights of the Accused

to have a speedy and public trial
to hear witnesses against him
to call witnesses for his defense
to have expert legal advice (be defended by a lawyer)

VII. Right to trial by jury

VIII. No excessive bail. No cruel or unusual punishment

IX. People’s rights are protected

X. Reserved Powers

Amendments 11-27

XI. The Judicial Power of U.S. does not extend to suits against the state 1795

XII. Changes mode of electing Pres. and V-pres. by electors 1804

XIII. Slavery prohibited (Emancipation Proclamation) 1865

XIV. Citizenship defined 1865

XV Right of certain citizens to vote established 1870

XVI. Taxes on income 1913

XVII. Changed the method of electing U.S. Senators by electors to the people 1913

XVIII. Prohibition banned the manufacture, sale, or transport of liquor 1920

XIX. Women’s suffrage: right to vote shall not be denied on the basis of sex 1920

XX. “Lame duck” amendment changes the terms of Pres, V-Pres, Senators, & Reps. Set time of assembling Congress

XXI. Repealed prohibition. Voided XVIII 1933

XXII. Limit number of terms a Pres. may serve to 2. 1951

XXIII. Allowed District of Columbia electors for presidential election 1961

XXIV. Eliminated the use of a poll tax 1964

XXV. V-pres. can assume duties of Pres. when Pres. is unable 1967

XXVI. Voting for 18 year olds 1971

XXVII. No midterm raises for Congress 1992

Important Terms

Democracy: Representative government based on people’s vote
Separation of powers to prevent any one person or group from having too much power in government
Checks and balances: methods that allow each of the 3 branches of government to maintain checks on other 2 branches

Checks & Balances: Each of the 3 branches of government has some check over the other 2. The following are examples
- Executive Branch: President
  - veto
  - appoint justices & Cabinet heads
- Legislative Branch: Congress
  - power of impeachment
  - Senate approval needed for appointments made by President
- Judicial Branch: Supreme Court
  - overturn law (unconstitutional)

Additional Web Sites To Explore

Multicultural Political Sites