Basic Principles of the Constitution

The constitution gave the following civil liberties. Congress or the states were not allowed to suspend the writ of habeas corpus. Habeas corpus says that authorities must say why a person in custody must not be released. The constitution also said Congress or the states could not make an ex post facto law. An ex post facto law makes something a crime after it has occurred.

The constitution also said a person had a right to a jury trial. There would be no bill of attainder, which made a person guilty without a trial. The constitution also said no religious test would be required for a person to hold public office.

The federalists thought state constitutions gave people enough rights, but the federalists were willing to add a bill of rights to get the constitution ratified.

Basic Principles of the Constitution

Welcome to the section on the basic principles of the constitution.

The constitution said the United States was a republic. In a republic, power is in the hands of people and elected representatives exercise the power of the people. The federal government said each state had a republican form of government too. However, a lot of people could not vote because of the strict qualifications for becoming a voter.

The government is divided into three branches. The Congress is the legislative branch that makes the laws. The president, vice president, cabinet and staff are the executive branch which enforces the laws. The Supreme Court is the

judicial branch which interprets the laws. Each branch is supposed to check the power of the others.

Here is an overview of the powers of each branch.

The president nominates judges and officials in the executive branch. Most of these appointments need to be confirmed by the Senate. Congress can impeach and remove both judges and the president from office.

The president can ask Congress to pass laws, but Congress can refuse. The president can refuse to sign laws approved by Congress. This is called a presidential veto. The law then goes back to Congress. If two thirds of both Houses approve the law, the presidential veto will be overturned and the law will take effect.

The Supreme Court can say laws passed by the president or Congress are unconstitutional. Congress can increase the number of justices on the Supreme Court and make changes to the lower federal courts.

The power of the Supreme Court is called judicial review. Judicial review was not established until the Marbury versus Madison case in eighteen oh three.

The constitution establishes a federal system, which means power is divided between the federal government and the states. The constitution says what the states cannot do, but it gives little information on what the states CAN do.

Here is a summary on the constitution.

Article one gives legislative power to Congress, creating the House of Representatives and the Senate. The article

covers the qualifications for holding office, the organization of each house, and the impeachment and veto process. The article spells out the powers of Congress by naming its enumerated powers. The necessary and proper clause says that Congress can pass laws to carry out its enumerated powers.

Article two covers the presidency. Article two outlines the Electoral College, the qualifications for holding office and the powers of the president.

Article three establishes the Supreme Court, but does not give specifications.

Article four talks about the relationships between the states. The full faith and credit clause says that the laws, records and court decisions of one state are valid in another.

Article five explains how the constitution is amended.

In article six, the U-S assumed all the debts of the government under the Articles of Confederation. Article six also contains the supremacy clause. The supremacy clause says that the laws and treaties of the U-S are the supreme laws of the land.

Article seven explains how the constitution needs to be ratified by conventions in nine of the thirteen states.

Amendment Process and the Bill of Rights

Welcome to the section on the amendment process and the bill of rights.

To amend the constitution, an amendment needs to be