The United States Constitution
Introduction to the U.S. Constitution
• Written in Philadelphia• Original intent was to
revise the Articles • James Madison was the
“Father” of the Constitution
• 39 men signed it in 1787
The Preamble—The Introduction to the Constitution
• Two main Questions found in the Preamble:1. Why they are writing it?
(to form a more perfect union)2. What are the goals to be reached?
(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)
Constitution
• How the Constitution is divided:1. Articles—the major divisions2. Sections---divisions of an article3. Clauses---divisions of a section
Article I---Legislative Branch
• Section One—What is a Congress?
1. Bicameral Legislature---There are two houses, a Senate and House of Representatives.
• Section Two---House of Representatives
1. Clause One A Representative serves a two year
term
2. Clause Two---What are the Qualifications for a member of the U.S. House of Representatives?
•25 years old
•7 year citizen of the United States
•Resident of the state one is elected in
3. Clause Three--Who determines the amount of Representatives each state will receive? (Congress)
Why does California have more members in the House of Representatives than Minnesota? (Discuss the Great Compromise)
What if half of California’s population moved to Minnesota?
Reapportionment---Creating new districts every ten years to adjust for population changes
Clause Three continued
Gerrymandering--Redrawing district lines to favor a political party
One man – one vote (each district has to have about the same number of people)
Seven states with one U.S. Representative: (North Dakota, Montana, Wyoming, Vermont, Alaska, Delaware, South Dakota)
4. Clause Four-- What happens if a Representative dies in office?
Usually a governor will issue an election to fill the vacancy
5. Clause Five---Where does the impeachment process start?
The House of Reps. will start the impeachment process
Section Three---The Senate
1. Clause One - How is a Senator different from a member of the House of Representatives?
Senators term is 6 years 1 voter per Senator 2 Senators per state (all states get the same amount) Originally Senators were chosen by state legislatures Today chosen by direct election (17th Amendment)
2. Clause Two--Is it possible for both Senators from one state to be up for re-election at the same time? (No)
All of the members from the first Senate did not get a 6 year term.
The founding fathers wanted the Senate to have experienced members so they created a staggered election.
First class = 2 year term
Second class = 4 year term
Third class = 6 year term
Never will the Senators term from one state be up for re-election at the same time
3. Clause Three - What are the qualifications for a Senator?
30 years old
9 year citizen of the United States
Be a resident of the state you are elected from
4. Clause Four—
The Vice-President (Joe Biden) of the U.S. is the President of the Senate (very little power and seldom is seen on the Senate Floor )
President of the Senate (Biden) only votes if there is a tie
6. Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings? (Yes)
Senate tries impeachments (acts as a jury)
House of Reps. introduces the Articles of Impeachment
House needs a majority (218) vote to bring up charges
Senate needs 2/3s majority (67) to convict
7. Clause Seven—What happens if someone is impeached?
A guilty conviction on the Articles of Impeachment is removal from office
A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate (part of the checks and balance system)
Section Four - When Does Congress Meet in Washington,
D.C.?1. Clause one - When are the
national elections held? At one time federal elections were
not uniform. Some states held them on different days and months.
National Election Day was set by Congress (1st Tuesday after the first Monday of November)
2. Clause Two - So When does Congress Meet?
Must meet one time a year (Why?)
1933—20th Amendment established January 3rd as the meeting date (a two year working period)
Clause Two—Does the House and the Senate following the same proceedings and rules? (No)
Section Five—Rules of Procedures
1. Clause One - Can an elected official be removed from office? (Yes)
3. Clause Three - Can I get information about how a member of Congress voted? (Yes)
Congressional Journal—Published at the end of the session, contains the bare facts about the session
Congressional Record—Published daily, includes word for word what people had to say
Sunshine Law—All meetings must be open to the public and all records about the session are open to the public as well
4. Clause Four - Can the House and the Senate adjourn at different times?
Adjourn—to stop meeting
Consent—Need consent of the other house if you are going to adjourn for more than three days (law making process would stop if only one house adjourns, usually joint adjournment)
Section Six—Privileges and Restrictions
1. Clause One - What is the salary and benefits for a member of Congress?
Compensation—members of Congress will be paid ($174,000 per year)
Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity)
Slander—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)
Franking—free mail service
Other Privileges
Salary
Travel expense account
Office in D.C. and their state
Special allowance for stationary, phone calls, faxes
Pension
Some tax exemptions
15% of salary for speaking engagements
Unlimited income from book royalties
2. Clause Two - Can a member of Congress also be a federal judge? (No)
Separation of Powers—can’t hold two offices at once from different branches of government
Section 7Method of Passing Bills
1. Clause One - Where do tax bills start?
All tax bills start in the House.
2. Clause Two - How does a bill become a law?
Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview:
First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law
Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law
Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law
Pocket Veto - What if Congress adjourns and a bill has not been signed by the President?
Passes one house by majority vote, passes second house by majority vote, goes to president, delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW (Reagan had 8 pocket vetoes)
3. Clause Three - Can the Congress express their opinion without creating a formal law? (Yes)
Resolution—a formal expression of opinion or will
Section EightPowers Delegated to Congress
1. Clause One - Why can Congress collect taxes? Congress can collect taxes for three purposes:
Pay off debts Provide defense Provide for the common welfare
2. Clause Two - Can Congress Borrow Money?
They can borrow money on the credit of the United States (selling bonds is one example)
Debt—Total amount of money that the government owes ( currently over $6 trillion)
Deficit—Yearly amount of money that the government owes
3. Clause Three - Can Congress regulate trade?
Interstate—Trade between two or more states
Intrastate—Trade within a state
Congress can only regulate interstate trade
4. Clause Four—Naturalization and Bankruptcy
5. Clause Five - Can a bank make money? (No)
Congress will make money
Congress will set up our weights and measures
6. Clause Six -
Congress will punish counterfeiters
Minting edge - lip on penny and nickel
7. Clause Seven - Mail Service
Federal government will establish a mail service
8. Clause Eight
Congress promotes inventions
Copyrights—Secures rights of ownership for the life of the owner (publications and literature)
Patents—Secures the rights of inventors generally for 20 years
9. Clause Nine
Congress establishes and abolishes courts
10. Clause Ten
Congress can punish for crimes committed on the water
11. Clause Eleven
Only Congress can declare war—power to many people as opposed to one
Marque and Reprisal—allowing pirates (Treaty of Paris outlaws this)
War Powers Resolution (1973) - Attempted to limit presidential power of war
12. Clause Twelve
Congress controls the power of the purse regarding the military
Can’t allow stock piling of money
13. Clause Thirteen
Congress can maintain a navy
14. Clause Fourteen
Congress establishes rules for the military
Court martial - Court proceedings that follow military laws
15. Clause Fifteen
Congress governs state militias (National Guard)
National guard can be deployed for three reasons:
Execute laws of the union
Suppress insurrections (riots)
Repel invasions
16. Clause Sixteen
Congress allows the states to appoint National Guard officers and train their own soldiers
17. Clause Seventeen—Who controls the District of Columbia?
Washington, in the District of Columbia, is a federal city under the control of Congress
Since 1973, people of the city elect their own officials
18. Clause Eighteen—Necessary and Proper Clause
Congress has the power to establish any rules they deem necessary and proper
Elastic Clause—expands the powers of Congress
Section Nine—Powers Denied to the Federal Government
1. Clause One - What about the issues of slavery? Congress stopped the importation of slaves in 1808 Use the word “such persons” as opposed to
“slaves”2. Clause Two - Can I be thrown in jail for having blue eyes?
(No)
Habeas corpus - “you have the body” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence
The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)
3. Clause Three
Congress cannot pass a bill of attainder (legislative act against a named person) Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!!
Congress cannot pass an ex post facto law (after the fact) Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th 4. Clause four
Congress cannot put a direct tax on an individual (16th amendment overrides this)
5. Clause five
Congress cannot tax an export
6. Clause Six
Import taxes must be the same at all ports.
7. Clause Seven
Congress controls the federal budget
8. Clause Eight - Can I receive a title of Duke or Earl of the U.S.?
Titles of nobility will not be granted
Any gifts from foreign countries must approved by Congress
Section TenPowers Denied to the States
1. Clause One - Can Minnesota create an alliance with Canada? (No)
States cannot form treaties or alliances with any other states or countries
States cannot coin money
2. Clause Two
States can not tax imports or exports with the consent of Congress
3. Clause Three
States can not harbor troops in times of peace
States can not engage in war
Article II—Executive Branch
Section One—President &
Vice President
1. Clause one—How long is the President in office?
Four year terms
1951—22 Amendment changed it to a maximum of 2 terms or ten years
FDR served the most years in office (12)
Grover Cleveland served 2 nonconsecutive terms (22nd & 24th President of the United States)
2. Clause Two - How is the U.S. President elected?
Electors—Presidential voters
Electoral college—system used to elect the President, founders didn’t want a pure form of democracy, wanted a representative democracy
538=total number of Presidential electors, must have 270 to become president
Purpose of the electoral college---give each state somewhat equal representation
3. Clause Three—former method of electoral college (changed by 12th Amendment)
Thomas Jefferson and Aaron Burr each had the same number of electoral votes (73)
Tie would go to the House of Representatives and each state gets one vote, still have to get a majority
Election of 1860 Popular Votes Electoral
Lincoln 1, 866,352 180
Douglas 1,375,157 12
Breckenridge 847,953 72
Bell 589,581 39
Close Elections in History
Popular Votes Electoral Votes
Hayes (1876) 4,033,950 185
Tilden (1876) 4, 284,855 184
Bush (2000) 50,456, 169 271
Gore (2000) 50, 996, 116 266
4. Clause 4 - When does the Electoral College vote?
Official ballot for President is cast by the Electoral College
Electoral College—cast votes on the first Monday after the second Wednesday in December
5. Clause Five—What are the qualifications for U.S. President?
35 years old, 14 year resident, natural born citizen
1st seven presidents were not natural born
1st natural born was Martin Van Buren
Youngest—Teddy Roosevelt=42
Youngest elected—John Kennedy=43
Oldest—Ronald Reagan=69
6. Clause Six - Changed by the 25th Amendment
The amendment provides for involuntary removal of the President from his power.
7. Clause Seven - Can the Congress decrease the President’s salary midway through the term? (No)
Can not increase or decrease during the term
Can not receive any other salary from the federal government during the term
Pays taxes on the income
2001 - Salary doubled to $400,000/ year
8. Clause Eight - The Presidential Oath
Any judge can swear a president into office, most common is the Chief Justice of the Supreme Court
Calvin Coolidge—Sworn in by his father - a Justice of the Peace
LBJ—sworn in on Air Force One by a Dallas judge
“So help me God.”---Washington added this to Oath
Section TwoPowers of the President
1. Clause One—What are the Military Powers? President is the head of the military -
Commander in Chief President can grant pardons to criminals who
have committed federal crimes
2. Clause Two—Treaties and Appointments
President needs approval by the U.S. Senate to create certain and specific treaties and appointments
3. Clause Three - What if an ambassador dies when the Senate is in recess?
The President can fill position by temporarily
Section Three What are the Duties of the
President?
State of the Union Address - The President explains the condition of the country - usually in JanuaryPresident can convene and adjourn Congress in the event of a special circumstanceMain job is to see that the laws are faithfully executed
Section Four--Impeachment
President, Vice President, and all civil officers can be impeached Can only be impeached for three things: treason, bribery, or other high crimes and misdemeanors. Judges are civil officers that are the most often convicted of impeachment Members of the Congress are expelled by their own house, they do not go through the formal impeachment process
Article III—Judicial BranchSection One—Federal Courts
1. Clause One - Who interprets the law? Judicial branch interprets the law (Courts) Legislative makes the law (Congress) Executive enforces the law (President) Judicial powers—the power to hear cases Federal Judges are appointed by the President and
approved by the Senate
Section Two—Jurisdiction of the Federal Courts
1. Clause One—Jurisdiction Jurisdiction—power and right to apply law Plaintiff—one who brings charges Defendant—one being charged Criminal case—when government is
plaintiff (California vs. O.J. Simpson) Civil case—between two or more people
(O. J. Simpson vs. Goldman family)
2. Clause Two - How does a case reach the Supreme Court?
SC has two kinds of jurisdiction:
a. Original—a case is first heard by the SC
b. Appellate—cases that are appealed by a lower court (Most cases come to the SC through appellate jurisdiction)
Thousands of cases are brought to the SC each year
About 75 are heard each year
Writ of Certiorari—an order from a higher court to a lower court to see the records and proceedings of a previous case
3. Clause Three—Conduct of Trials
Guarantees a trial by jury in federal courts
Extradition—returning a fugitive to the state in which the crime was committed
Section Three--Treason1. Clause One - What is treason?
Only crime defined in the Constitution (helping a nation’s enemies or carrying out war against your country)
2 ways of being convicted:
1. Confession in court room
2. Having two witnesses testify against you
2. Clause Two - What is the penalty for treason?
Treason can only happen during time of war
Maximum penalty is death
Espionage, Sabotage, conspiracy to overthrow the government are all similar to treason but happen during times of peace
Article IV—Relations Among the States
Section Two—Privileges of Citizens
Section Three—New States
1. Clause One - How does a state become admitted to the Union?
Only Congress can admit states
2. Clause Two -
Congress will make all laws for all U.S. territories
Section Four - Guarantees of the State
The federal government guarantees each state a republicRepublic—Representative democracy where we elect officials to represent our concernsThe government will protect us from invasions
Article V Methods of Amendments
1st Method - need 2/3 of Congress to PROPOSE an Amendment
2nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used) Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention. Over 4000 proposed Amendments since the early 1800s Only 27 have been ratified 1st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process
Article VI—General Provisions
Section One - Could the new government evade debts owed as a result of the Revolutionary War? New government can’t evade old debts
Section Two - Is the federal law the supreme law of the land?
Yes - State law cannot override a federal law
Section Three—all officers, state and federal, must take an oath to support the U.S. Constitution
Can’t have a religious requirement has part of the Oath
Article Seven--Ratification
Section One— Convention—calling of delegates from each state to ratify the Constitution Must have nine states to approve the Constitution
CLOSURE
Constitution was finished September 17, 1787
55 total delegates during the convention
42 were present on the final day but only
39 people signed the Constitution
The following two years provided debate for ratification
The United States Constitution took effect April 30 , 1789 when George Washington was sworn in as President
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