The Preamble is the first section of the US Constitution, and states the goals of the document.

“We the people”

Government power comes from the people, so the people decide what the purpose and structure of government is, and the people can get the government they want.

“To form a more perfect union”

A more perfect union would be making the link between states stronger, because the states were weakly linked under the Articles of Confederation, which made the states vulnerable and unable to act together.

“To establish justice”

Laws must be just, laws must be enforced fairly, and the people are guaranteed equality under the law.

“To insure domestic tranquility”

A government that will keep people safe by making laws to prevent harm to others and creating a body that will make sure that people obey laws, like law enforcement such as the police or the Department of Justice.

“To provide for the common defense”

The government provides for the common defense by raising a military to protect the country and its citizens from foreign enemies.

“To promote the general welfare”

The US government will act in the best interests of the country and its citizens. The majority will rule, but the rights of the minority are protected, and the individual worth and dignity of all people is affirmed.

“To secure the blessings of liberty”

The US government will protect freedoms and not trample on the rights of its citizens. Fundamental freedoms, such as the freedom of religion, speech, press, assembly, and petition, are protected.

Preamble video

Article I (1) establishes the Legislative Branch consisting of a 2 house Congress with separate powers.

Legislative Branch video

Article II (2) establishes the Executive Branch with separate powers & is headed up by the President.

Executive Branch video

Article III (3) establishes the Judicial Branch consisting of the Supreme Court and other federal courts with separate powers.

Judicial Branch video

Article IV (4) addresses relations among states. The Full Faith and Credit Clause establishes that all states must honor the laws and acts of another state. For instance, with a valid driver's license from any state, a person can drive on any public road in the United States. Another example would be if a person legally changed their name in Virginia. Every other state will recognize the person's new legal name.

Article V (5) addresses the very complex amendment process. An amendment is proposed by national government in one of 2 ways: by a 2/3’s vote in each house of Congress, or by a national convention called by 2/3’s of state legislatures, which has never been used.

If a proposal is approved, an amendment can be ratified the states in one of 2 ways: approval by ¾’s (38) of state legislatures (has been used for 26 amendments) or approval at state conventions by ¾’s (38) of states (has only been used once, for the 21st Amendment, which was the repeal of prohibition).

Amendment process video

Article VI (6) addresses the supremacy of national government. The Supremacy Clause establishes that if a state law conflicts with a national law, the national law takes priority. For instance, states can’t make something legal that has been declared illegal by the national government. Arson, or deliberately setting fire to property, is a federal crime, so Virginia can't decide that it is legal within the state.

Article VII (7) addresses the ratification process. 9 out of 13 states had to ratify (approve) the Constitution for it to become the law of the land. Delaware was #1 in December of 1787, and New Hampshire was #9 in June of 1788- Virginia and New York ratified the same week. Rhode Island was last state to ratify in May of 1790, over a year after the US Government had been in operation.

Federalist Papers & ratification video

There are 5 key principles established by the Constitution: the Separation of Powers, Checks and Balances, Judicial Review, Federalism & Limited Government.

The framers of the Constitution set up the three branches of government to be separate and distinct so that none of the branches would have complete control over the government. The Legislative branch (Congress) makes laws, the Executive branch (President) enforces laws, and the Judicial branch (Supreme Court) interprets laws.

Separation of Powers video

Each branch of government has checks, or the ability to exercise some control, on the other 2 branches of government. For example, Congress has the power to pass a bill, but the President can veto, or reject, the bill. Congress may override the Presidential veto & make the bill a law. The Supreme Court may declare that the law violates the constitution, but the President & Congress appoint judges to the Supreme Court.

Checks and balances video

Judicial review is the power of judicial branch to determine whether or not a law or government action violates the Constitution. Judicial review first used in the Marbury v. Madison case in 1803, where the US Supreme Court ruled that a law passed by Congress and signed by the president was unconstitutional (it violates the constitution).

Marbury v. Madison (judicial review) video

The Constitution established the federal system of government, or federalism, in which power is divided between the national government and the state governments. Federalism balances the need for the national government to have the power to be govern without infringing on the rights of the states. There are some powers that only the national government has, some that only states have, some that both share, and some that neither of them have.

Federalism video

The national government has 2 types of powers.

The first type of powers are expressed powers, which powers that are enumerated, or listed, in the Constitution, like the power to raise an army, coin money, and regulate trade.

The other type of powers are implied powers, which are powers that belong to the national government because they are logical extensions of expressed powers, like the power to raise an air force because the power to raise an army is expressed.

States have reserved powers, which are powers set aside to the states because the powers are neither delegated to the federal government nor denied to states. Reserved powers were established by the 10^th Amendment. For example, states can promote public health and welfare (support for citizens), set up their own schools, and provide public safety resources.

States may exercise concurrent powers, or any powers not exclusively given to the national government at the same time. Examples would be the power to collect taxes, build roads, and make laws.

Denied powers are powers that cannot be carried out by national or state government. For example, the national government cannot make trade laws that favor one state over another or tax exports (products leaving the country), and state governments cannot coin money, tax imports (products coming into the country), tax exports, or enter into treaties with other countries.

There are several limits on both the national and state governments. Neither can deny the writ of habeas corpus unless public safety requires it, which means that people cannot be put in jail without being publicly informed of the charges against them in front of a judge. Bills of attainder cannot be passed, which means that people cannot be singled out and punished without a trial. Ex post facto laws also cannot be passed, which means that people can’t be punished for an unlawful act before it was illegal.