The United States The United States ConstitutionConstitution

Origins of the ConstitutionOrigins of the Constitution Created by the convention in Philadelphia after Created by the convention in Philadelphia after

the the Articles of ConfederationArticles of Confederation were deemed too were deemed too weakweak– the country was in the country was in debt debt – rebellions such as Shay’s Rebellion in MA proved the rebellions such as Shay’s Rebellion in MA proved the

government did government did not have enough powernot have enough power to protect itself to protect itself (Shays’…farmers in debt, could not pays bills, went to seize arsenal, were (Shays’…farmers in debt, could not pays bills, went to seize arsenal, were

defeated by the MA militia)defeated by the MA militia)

Ratified in Ratified in 17911791

James MadisonJames Madison, Father of the Constitution, was , Father of the Constitution, was responsible for getting the Bill of Rights added to responsible for getting the Bill of Rights added to the Constitution which convinced many Anti-the Constitution which convinced many Anti-Federalists to vote for the documentFederalists to vote for the document

The PreambleThe Preamble

The introduction to the ConstitutionThe introduction to the Constitution

Six goalsSix goals

Six Goals of the PreambleSix Goals of the Preamble

1. Form a more perfect Union1. Form a more perfect Union 2. Establish Justice2. Establish Justice 3. Insure domestic tranquility3. Insure domestic tranquility 4. Provide for the common defense4. Provide for the common defense 5. Promote the general welfare5. Promote the general welfare 6. Secure the blessings of liberty to 6. Secure the blessings of liberty to

ourselves and our posterity ourselves and our posterity

Article 1: The LegislatureArticle 1: The Legislature

The House of RepresentativesThe House of Representatives All members elected every two yearsAll members elected every two years

25 yrs old, 7 years a citizen of the US, must be an 25 yrs old, 7 years a citizen of the US, must be an inhabitant from the state in which he/she is runninginhabitant from the state in which he/she is running

435 total435 total

Number of representatives a state has is dependant on Number of representatives a state has is dependant on population (as determined by the US census), the minimum population (as determined by the US census), the minimum being 1being 1

Has the power to impeach (charge a public official with high Has the power to impeach (charge a public official with high crimes and misdemeanors…ex. bribery)crimes and misdemeanors…ex. bribery)

Presidents impeached: Andrew Johnson, William J. ClintonPresidents impeached: Andrew Johnson, William J. Clinton

Article 1, Cont.Article 1, Cont.

The SenateThe Senate• Two senators from each state; 6 year termTwo senators from each state; 6 year term

• 1/3 up for re-election every two years1/3 up for re-election every two years

• Must be 30 yrs old, 9 yrs a citizen of the US, must be an Must be 30 yrs old, 9 yrs a citizen of the US, must be an inhabitant of the state from which he/she is runninginhabitant of the state from which he/she is running

• The vice-president is the president of the Senate but gets The vice-president is the president of the Senate but gets no votes unless there is a tieno votes unless there is a tie

• After a public official is impeached, the Senate holds the After a public official is impeached, the Senate holds the trial for removal. Two-thirds of the Senate must agree for trial for removal. Two-thirds of the Senate must agree for removal to occur. (There have been 16 impeachment trials removal to occur. (There have been 16 impeachment trials of federal judges; 7 have been convicted.)of federal judges; 7 have been convicted.)

Article 1: How a Bill Becomes a Article 1: How a Bill Becomes a LawLaw

A bill can be written by anyone, but must be sponsored by a member of CongressA bill can be written by anyone, but must be sponsored by a member of Congress

A bill may start in either house, but must go through both before it may become lawA bill may start in either house, but must go through both before it may become law

Once it is introduced (from either side): Once it is introduced (from either side): 1) It goes through a committee…here it may be approved, re-written, or killed1) It goes through a committee…here it may be approved, re-written, or killed

2) If it passes this stage, the full “house” votes on it, and if it passes, it goes on to the 2) If it passes this stage, the full “house” votes on it, and if it passes, it goes on to the other “house”other “house”

3) If both houses pass a version of the bill, it goes to a committee consisting of members 3) If both houses pass a version of the bill, it goes to a committee consisting of members of both houses to work out the differencesof both houses to work out the differences

4) If the final version is passed by both houses, it goes to the president.4) If the final version is passed by both houses, it goes to the president.

5) The president can a) pass the bill and it becomes law, b) veto the bill which can be 5) The president can a) pass the bill and it becomes law, b) veto the bill which can be overridden by the 2/3 of Congress and become a law anyway, c) ignore the bill, overridden by the 2/3 of Congress and become a law anyway, c) ignore the bill, leaving it on his desk for 10 days (except Sundays) without signing it, after which it leaving it on his desk for 10 days (except Sundays) without signing it, after which it automatically becomes a lawautomatically becomes a law

Committees of the SenateCommittees of the Senate

Senate Committee on Agriculture, Nutrition, and Forestry Senate Committee on AppropriationsSenate Committee on Appropriations Senate Committee on Armed ServicesSenate Committee on Armed Services Senate Committee on Banking, Housing, and Urban AffairsSenate Committee on Banking, Housing, and Urban Affairs Senate Committee on Commerce, Science, and TransportationSenate Committee on Commerce, Science, and Transportation Senate Committee on Energy and Natural ResourcesSenate Committee on Energy and Natural Resources Senate Committee on Environment and Public WorksSenate Committee on Environment and Public Works Senate Committee on FinanceSenate Committee on Finance Senate Committee on Foreign RelationsSenate Committee on Foreign Relations Senate Committee on Health, Education, Labor, and PensionsSenate Committee on Health, Education, Labor, and Pensions Senate Committee on Homeland Security and Governmental Senate Committee on Homeland Security and Governmental

AffairsAffairs Senate Committee on Indian AffairsSenate Committee on Indian Affairs Senate Committee on Rules and AdministrationSenate Committee on Rules and Administration Senate Committee on Small Business and EntrepreneurshipSenate Committee on Small Business and Entrepreneurship Senate Committee on the BudgetSenate Committee on the Budget Senate Committee on the JudiciarySenate Committee on the Judiciary Senate Committee on Veterans' AffairsSenate Committee on Veterans' Affairs Senate Select Committee on EthicsSenate Select Committee on Ethics Senate Select Committee on IntelligenceSenate Select Committee on Intelligence Senate Special Committee on AgingSenate Special Committee on Aging United States Senate Caucus on International Narcotics ControlUnited States Senate Caucus on International Narcotics Control

Committees House of Representatives & Joint CommitteesCommittees House of Representatives & Joint Committees

House Committee on Agriculture House Committee on AppropriationsHouse Committee on Appropriations House Committee on Armed ServicesHouse Committee on Armed Services House Committee on Education and LaborHouse Committee on Education and Labor House Committee on Energy and CommerceHouse Committee on Energy and Commerce House Committee on Financial ServicesHouse Committee on Financial Services House Committee on Foreign AffairsHouse Committee on Foreign Affairs House Committee on Homeland SecurityHouse Committee on Homeland Security House Committee on House AdministrationHouse Committee on House Administration House Committee on Natural ResourcesHouse Committee on Natural Resources House Committee on Oversight and Government ReformHouse Committee on Oversight and Government Reform House Committee on RulesHouse Committee on Rules House Committee on Science and TechnologyHouse Committee on Science and Technology House Committee on Small BusinessHouse Committee on Small Business House Committee on Standards of Official ConductHouse Committee on Standards of Official Conduct House Committee on the BudgetHouse Committee on the Budget House Committee on the JudiciaryHouse Committee on the Judiciary House Committee on Transportation and InfrastructureHouse Committee on Transportation and Infrastructure House Committee on Veterans' AffairsHouse Committee on Veterans' Affairs House Committee on Ways and MeansHouse Committee on Ways and Means House Permanent Select Committee on IntelligenceHouse Permanent Select Committee on Intelligence House Select Committee on Energy Independence and Global WarmingHouse Select Committee on Energy Independence and Global Warming

Joint CommitteesJoint Committees Joint Committee on PrintingJoint Committee on Printing Joint Committee on TaxationJoint Committee on Taxation Joint Committee on the LibraryJoint Committee on the Library Joint Economic CommitteeJoint Economic Committee

Article 1: Powers Granted to Article 1: Powers Granted to CongressCongress

There are 18 parts to Section 8. Ones to know: There are 18 parts to Section 8. Ones to know: • Power to taxPower to tax• Power to regulate commercePower to regulate commerce• Power to coin moneyPower to coin money• Power to declare warPower to declare war• Power to raise an army and navyPower to raise an army and navy• Power to create a national bankPower to create a national bank• Power to make all laws necessary to carry out its Power to make all laws necessary to carry out its

duties (Elastic Clause)duties (Elastic Clause)

Article 1: Powers DeniedArticle 1: Powers Denied

Examples:Examples: Habeas corpus (basic rights/being Habeas corpus (basic rights/being

formally charged with a crime) formally charged with a crime) cannot be deniedcannot be denied

One state shall not be given One state shall not be given preference over anotherpreference over another

No titles of nobility may be givenNo titles of nobility may be given

Article 2: The Executive Article 2: The Executive BranchBranch

The president’s term is four yearsThe president’s term is four years

The maximum amount of time a person may be The maximum amount of time a person may be president is 10 yrspresident is 10 yrs

To run for president, you must be a natural born To run for president, you must be a natural born citizen, 35 years old, 14 yrs a resident of the US citizen, 35 years old, 14 yrs a resident of the US

The president’s group of formal advisors is the The president’s group of formal advisors is the cabinetcabinet

Article 2: The Executive Branch, Article 2: The Executive Branch, PowersPowers

Appoints federal judgesAppoints federal judges

Grants reprieves and pardonsGrants reprieves and pardons

Can veto acts of CongressCan veto acts of Congress

Can call special sessions of CongressCan call special sessions of Congress

Can suggest laws and send messages to Can suggest laws and send messages to CongressCongress

Must report to Congress on the State of the UnionMust report to Congress on the State of the Union

Article 2, cont.: How the President is electedArticle 2, cont.: How the President is elected

• http://www.nytimes.com/2012/10/03/opinion/electoral-college-http://www.nytimes.com/2012/10/03/opinion/electoral-college-101.html?_r=1&101.html?_r=1&

• The president is elected indirectly, through the Electoral CollegeThe president is elected indirectly, through the Electoral College

• The popular vote takes place on election day in November. The popular vote takes place on election day in November. Whomever wins a state’s popular vote, that person wins the Whomever wins a state’s popular vote, that person wins the electoral voteselectoral votes

• Each state gets a number of electors. The number is determined Each state gets a number of electors. The number is determined by adding the number of people in the House with the number of by adding the number of people in the House with the number of people in the Senate. The total number in the EC is 538 (435 in people in the Senate. The total number in the EC is 538 (435 in the House, 100 in the Senate, and 3 for Washington, DC)the House, 100 in the Senate, and 3 for Washington, DC)

• Examples:Examples:• CA: 53 in the House, 2 in the Senate = 55CA: 53 in the House, 2 in the Senate = 55• NJ: 12 2NJ: 12 2 = 14 = 14• PA: 19 2 = 21PA: 19 2 = 21• FLA: 25FLA: 25 2 2 = 27 = 27• AK: 1AK: 1 2 2 = 3 (the minimum) = 3 (the minimum)

Article 2, cont.: How the President Article 2, cont.: How the President is electedis elected

A candidate must receive 270 electoral votes to A candidate must receive 270 electoral votes to win the electionwin the election

A presidential candidate may win the popular A presidential candidate may win the popular vote but still lose the electionvote but still lose the election

If a presidential candidate does not win a majority If a presidential candidate does not win a majority of electoral votes, the House of Representatives of electoral votes, the House of Representatives decides who will become presidentdecides who will become president

The EC meets in DecemberThe EC meets in December

Article 2: The Executive Branch, Article 2: The Executive Branch, Powers of the PresidentPowers of the President

Commander in ChiefCommander in Chief

Make treaties and appointments incl. Make treaties and appointments incl. the Supreme Court, with consent of the Supreme Court, with consent of the Senatethe Senate

Fill in vacancies with consent of the Fill in vacancies with consent of the SenateSenate

Article 3, The JudiciaryArticle 3, The Judiciary Appointed by the President, approved by the SenateAppointed by the President, approved by the Senate

Supreme Court judges are appointed for life; there are nine membersSupreme Court judges are appointed for life; there are nine members

The courts have the power to rule in cases dealing with the Constitution The courts have the power to rule in cases dealing with the Constitution ((judicial reviewjudicial review), national laws, treaties, and states’ conflicts), national laws, treaties, and states’ conflicts

A crime is tried in the state or district in which the crime was committedA crime is tried in the state or district in which the crime was committed

In the case In the case Marbury vs. MadisonMarbury vs. Madison (1803), the Supreme Court declared its (1803), the Supreme Court declared its right of judicial review, giving it final say in interpreting the Constitution. If right of judicial review, giving it final say in interpreting the Constitution. If the Court finds that a law violates the Constitution, the law cannot stand.the Court finds that a law violates the Constitution, the law cannot stand.

The Supreme Court wants cases to “percolate”The Supreme Court wants cases to “percolate”

There is a hierarchy of courts leading to the Supreme Court…Courts of There is a hierarchy of courts leading to the Supreme Court…Courts of Appeal, District Courts, Special CourtsAppeal, District Courts, Special Courts

Checks and BalancesChecks and Balances

Each branch of the government has Each branch of the government has the power to check the other the power to check the other branches of government.branches of government.

Reference pages:Reference pages:

New text (New text (Creating AmericaCreating America): p. 261): p. 261Old text (Old text (America’s Past and PromiseAmerica’s Past and Promise): ):

p. 244p. 244

Article 4: Relations Among StatesArticle 4: Relations Among States

Section 1. State Acts and RecordsSection 1. State Acts and RecordsEach state gives “full faith and credit” to acts of Each state gives “full faith and credit” to acts of

other statesother states

Section 3. New StatesSection 3. New StatesNew states may be admitted into the Union…but no New states may be admitted into the Union…but no

new state can be formed within another state or new state can be formed within another state or from two or more states without the consent of from two or more states without the consent of the states and Congressthe states and Congress

Article 5: Amending the Article 5: Amending the ConstitutionConstitution

2/3 vote of both houses of Congress propose an 2/3 vote of both houses of Congress propose an amendmentamendment

¾ approval of state legislatures or¾ approval of state legislatures or¾ approval at a state convention¾ approval at a state convention

OROR 2/3 state legislatures’ call for a national 2/3 state legislatures’ call for a national

conventionconvention

¾ approval of state legislatures or¾ approval of state legislatures or¾ approval at a state convention¾ approval at a state convention

Article 6: Supremacy of the Article 6: Supremacy of the National GovernmentNational Government

Section 2: The Constitution is the Section 2: The Constitution is the supreme law of the landsupreme law of the land

Article 7: RatificationArticle 7: Ratification

According to the Articles, 9/13 states According to the Articles, 9/13 states had to ratify the Constitution in order had to ratify the Constitution in order for it to go into effectfor it to go into effect

39 men signed the Constitution 39 men signed the Constitution (wealthy and well educated)(wealthy and well educated)

Amendments to the ConstitutionAmendments to the Constitution There are 27 amendments or changes to There are 27 amendments or changes to

the Constitutionthe Constitution

The Anti-federalists (Patrick Henry, George The Anti-federalists (Patrick Henry, George Mason, etc.) opposed the ConstitutionMason, etc.) opposed the Constitution– Loss of states’ rightsLoss of states’ rights– Didn’t protect individual freedomsDidn’t protect individual freedoms

The Anti-federalists were successful in The Anti-federalists were successful in getting the first 10 amendments added; getting the first 10 amendments added; these are called “The Bill of Rights”these are called “The Bill of Rights”

The Bill of Rights (1791)The Bill of Rights (1791)

Amendment 1: Amendment 1:

Religious and Political FreedomReligious and Political Freedom

Freedom of religion, speech, press, Freedom of religion, speech, press, assembly, and petitionassembly, and petition

The Bill of RightsThe Bill of Rights

Amendment 2:Amendment 2:Right to Bear ArmsRight to Bear Arms

Amendment 3:Amendment 3:Quartering TroopsQuartering Troops

Amendment 4:Amendment 4:Search and SeizureSearch and Seizure

The Bill of RightsThe Bill of Rights

Amendment 5:Amendment 5:

Rights of Accused PersonsRights of Accused Persons

Prohibits double jeopardy, allows Prohibits double jeopardy, allows people to refuse to testify against people to refuse to testify against oneself, upholds due process of law oneself, upholds due process of law (= treatment under the law), allows (= treatment under the law), allows compensation for property taken for compensation for property taken for public usepublic use

The Bill of RightsThe Bill of Rights

Amendment 6:Amendment 6:Right to a Speedy, Public TrialRight to a Speedy, Public Trial

Includes the right to know accusations against a Includes the right to know accusations against a person and the right to a lawyerperson and the right to a lawyer

Amendment 7:Amendment 7:Trial by Jury in Civil CasesTrial by Jury in Civil Cases

The controversy must be at least worth $20The controversy must be at least worth $20

Amendment 8:Amendment 8:Limits of Fines and PunishmentsLimits of Fines and Punishments

The Bill of RightsThe Bill of Rights

Amendment 9:Amendment 9:

Rights of the PeopleRights of the People

Amendment 10:Amendment 10:

Powers of States and PeoplePowers of States and People

Gives states reserved powersGives states reserved powers

Amendments 11-27Amendments 11-27

While all amendments are important, the following While all amendments are important, the following are emphasized:are emphasized:

Amendment 12: Election of Executives (1804)Amendment 12: Election of Executives (1804)Changed the way we voted for President; Now the President Changed the way we voted for President; Now the President

and VP were to voted for on the same ballotand VP were to voted for on the same ballot

Amendment 13: Slavery Abolished (1865)Amendment 13: Slavery Abolished (1865)Amendment 14: Civil Rights (1868)Amendment 14: Civil Rights (1868)Amendment 15: The Right to Vote (1870) Amendment 15: The Right to Vote (1870) AKA Black voting rightsAKA Black voting rights

These amendments followed the Civil War; also known as the These amendments followed the Civil War; also known as the Reconstruction amendmentsReconstruction amendments

Amendments 11-27Amendments 11-27

Amendment 18: Prohibition (1919)Amendment 18: Prohibition (1919)

Amendment 19: Woman Suffrage (1920)Amendment 19: Woman Suffrage (1920)

Amendment 21: Repeal of Prohibition (1933)Amendment 21: Repeal of Prohibition (1933)

Amendment 22: Limit of Presidential Terms (1951)Amendment 22: Limit of Presidential Terms (1951)The maximum number of years a person can be president: The maximum number of years a person can be president: 10 years10 years

Amendment 24: Abolition of Poll Taxes (1964)Amendment 24: Abolition of Poll Taxes (1964)

Amendment 26: 18-year-old Vote ( 1971)Amendment 26: 18-year-old Vote ( 1971)