Harrison Burg

Mr. Burnham
U.S. Government
October 7, 2014
The Constitution
The constitution is made up of many articles and clauses that keep the United
States united. It establishes the federal government and also delegates the limited
powers that the government is given. It is important to realize that the states should
have more power then the federal government. This power has been given not to
the states but to the federal government. The founding fathers created the
constitution to make the United States ruled by the people and not by the
government.
Article 1 establishes and gives power to congress. The two sections of
congress that are established include the Senate and the House of Representatives.
Section 1 gives congress the power to establish laws. Section 2 and 3 establishes
that the people of each state will vote for representatives for the house and senate.
Section 5 establishes rules that both houses must follow, how to keep records for
what happens, and how a house can adjourn. The 6th section describes the
privileges, compensation and restrictions of both houses. The 7th section describes
how a bill, or law can be passed through both houses. Section 8 gives the
enumerated powers that congress is allowed, such as taxes and making money. The
limit on the congress power is given in the 9th section. The final section of article 1
limits the powers of the states. The legislative branch is given its rights and limits

the power that they have under the federal government. In the McCulloch v.
Maryland case, the court referred to article 1 section 8 to see Maryland had the right
to sue a federal bank for not paying taxes toward the state. The court investigated if
Congress was allowed under the Constitution to create a bank and they were indeed
allowed to create this bank even though it was not said under the Constitution. The
court ruled that Maryland did not have the right to tax Congress and ruled in
McCullochs favor.
Article 2 of the constitution gives out the executive branchs rules and duties.
The executive branch includes the President and the vice President who have many
rules and roles in office. These jobs include; commander and chief of the United
States army, the President must get consent with U.S. congress before making any
decisions, he has the power to appoint officers, meet with both houses. Section 4
includes all of the rules of impeachment. There are not many court cases that go
over article 2 of the constitution.
In a case involving Marbury vs. Madison, the court used the power of judicial
review. Chief Justice Marshall relied on how the language of the constitution was
written. He said, The legislative branch has limited powers and must be followed.
The judicial court has since then been using judicial review. There havent been
many other cases that the judicial branch considered the legislature
unconstitutional except in the Dred Scott v. Sandford. This case was over a slave that
was moved into Illinois, which was free state from Missouri. He decided to go back
to Missouri, where he was sold to Sandford. Scott sued Sandford claiming he had
become free when he was in Illoinois and could not come back and be free. The

court ruled that it was constitutional for him to become a slave when he went back
to Missouri. Back then slaves were considered property, which allowed it to be
constitutional.
In a case involving Wisconsin vs. Yoder, the court looked into the first
amendment, which refers to freedom of religion. Yoder and his other Amish church
members argued that their kids did not have to go to high school, which was
required in Wisconsin, because they taught different values then their religion. The
court investigated if a state law requiring children under 16 to attend school, which
goes against Amish rights, went against the Constitution. The court ruled in favor of
Yoder because the Wisconsin law went against the first amendment.
In the case of Near vs. Minnesota, the court looked at the 4th amendment,
which is freedom of press, to see if the press could write about their police chief
being involved with gangs. The court ruled in Minnesota favor because the 4th
amendment could be misused if the accusations are untrue.
Most all court cases must look at the Constitution to guide what is lawful and
what is not. The constitution is what the United States is all about and if we did not
have it then this country would not be free. Anyone who goes against the
Constitution do not deserve to live in this great country.