2Constitution The US Constitution has 3 major parts: 1) Preamble 2) Articles3) AmendmentsThe US Constitution is divided into:1) Articles2) Sections3) ClausesPreamble: The introduction of the Constitution. It states the goals of the document.
3Article I: The Legislative Branch (Makes the Laws) Congress - 2 housesQuorum: A majority of the members. A quorum must be present to carry the work of each house.
4Article I: The Legislative Branch (Makes the Laws) House of Representatives25 years old/ US Citizen for 7 years/ Resident of the state2 year termRepresentation is based on populationPresiding officer is the Speaker (of the House)
5Article I: The Legislative Branch (Makes the Laws) Senate30 years old/ US Citizen for 9 years/ Resident of the State6 year term1/3 of the Senators are elected every 2 yearsPresiding Officer is the Vice PresidentPresident Pro Tempore serves when the VP is absent
6Article I: The Legislative Branch (Makes the Laws) Powers granted to Congress(Delegated Powers)1) Establish and collect taxes2) Borrow money3) Regulate interstate and foreign trade4) Establish naturalization laws5) Coin money, set weights and measures6) Establish punishment for counterfeiting7) Establish post offices8) Issue patents and copyrights
7Article I: The Legislative Branch (Makes the Laws) Powers granted to Congress(Delegated Powers)9) Establish federal courts10) Punish for piracy11) Declare war12-14) Establish and regulate an army and navy15-16) Govern a militia (National Guard)17) Establish and govern the District of Columbia18) Elastic Clause: Congress has the power to make all laws necessary and proper to carry out its duties (Unpredictable futuristic laws).
8Article II: The Executive Branch (Enforce the Laws) President - head of the Executive BranchNative born/ 35 years old/ US Resident for 14 years4 year termSalary is $400,000Powers: Commander in Chief, pardons, treaties, appointmentsElection Day: the first Tuesday, after the first Monday, in November, every four years.Vice President – presides over the Senate. Takes over presidency if the President dies, resigns, etc.
9Article III: The Judicial Branch (Judge/Interpret the Laws) Supreme Court – the highest court in the U.S.Decides if laws are Constitutional (legal under the Constitution)JudgesTerm of office – LifeEight Justices totalOne Chief JusticeTreason – the crime of aiding an enemy of the U.S. It is the only crime listed in the Constitution.
10Article IV: Relation of the States to Each Other Full Faith and Credit Clause - actions of any state must be recognized in all other states.Extradition – criminals fleeing a state must be returned to the state where they committed the crime.
11Article V: How Amendments are Made Amendments must be proposed by 2/3 vote in each house or the states.3/4 of the states must approve the amendment.
12Article VI: General Provisions Supreme Law of the Land – the Constitution, US treaties, and federal laws overrule state laws when there is a conflict.
13Article VII: Ratification The Constitution became the law of the land when it was ratified by 11 of the 13 states in March 4, The last two states (N.C. and R.I.) did eventually ratify the Constitution in 1789 and 1790.
14Bill of RightsThe first ten amendments to the Constitution (the Bill of Rights) were added in December of 1791, a year after the ratification.1st Amendment (1791) –Freedom of ReligionSpeechPressAssemblyPetition
15Bill of Rights 2nd (1791) – Right to bear arms 3rd (1791) – Limits the quartering of troops4th (1791) – Limits unlawful searches and seizures
16Bill of Rights 4th (1791) – Limits unlawful searches and seizures Illegal Search & SeizureMust have probable cause (what constitutes probable cause?)Search Warrants:Must be court issuedMust explain why search is taking placeMust tell what is to be taken or searchedMust state where the search is to take place
17Bill of Rights 5th (1791) – The right to due process of law 5 Rights Grand JuriesIs there enough evidence to hold a trialDouble JeopardyPrevents people from being tried twice for same crime.Self IncriminationCan not be forced to say anything that would convict yourself of a crime.Due ProcessCan not take a person’s life, freedom, or property.Eminent DomainThe govt. can take a person’s property for the benefit of the public. The govt. must pay a fair price for the property.
18Bill of Rights6th (1791) – Right to a speedy trial, including the right to be represented by a lawyerRights of the AccusedMust be told what you are being tried forMust be given a prompt trial in publicGuilt or innocence must be decided by a jury of the area of the crimeAccused has right to be present when witnesses speakAccused has right to lawyer
19Bill of Rights 7th (1791) – Jury trial in civil cases ($20 or more). Right to Trial by Jury (in civil cases)6th Amendment protects trial by jury in criminal casesThe 7th Amendment protects trial by jury in civil casesAuto accidents, unpaid bills, emotional stressMust involve more than $20
20Bill of Rights8th (1791) – Forbids unfair bail, fines, and cruel and unusual punishmentBail and PunishmentNo unusually large bailNo cruel or unusual punishmentBail =to grant or obtain the liberty of (a person under arrest) on security given for his or her appearance when required, as in court for trial.
21Bill of Rights9th (1791) – Citizens are entitled to rights not listed in the ConstitutionOther RightsNot only are those listed in the Bill of Rights the rights allowed.Right to PrivacyGovt. can only do what is allowed by the Constitution.10th (1791) – Powers not granted to the National Gov. nor prohibited to the states are reserved to the states and to the people (Reserved Powers)States RightsThe States & people have all the powers that are not specifically given to the federal govt. or denied to the states by the Constitution.
22Amendments 11th (1798) – Rules for lawsuits against states Citizens of other States or foreign countries cannot sue a State in federal court without its consent!12th (1804) – New way of electing the President and Vice President (Run as a team)Electoral College cast separate ballots for President & VP.Candidates must live in different States.VP must receive more than half the electoral votesSame qualifications for VP as for President
23Amendments 13th (1865) – Abolished slavery in the U.S. Slavery is Illegal in U.S.14th (1868)-14th Amendment = Civil Rights in the StatesEveryone born or Naturalized in the U.S. is a citizen of the U.S. and the State he/she lives in.States cannot makes laws denying citizens the rights afforded to themAll people except untaxed Indians are counted towards representation in Congress15th (1870) – Granted voting rights for ex-slaves15th Amendment = Black SuffrageU.S. or States cannot use race to prevent any citizens from voting.16th Amend. (1913) = Income TaxesEstablishes an Income Tax
24Amendments 17th (1913) – Direct election of Senators by the people FAIL 18th (1919) – National Prohibition- banning the sale of alcohol19th (1920) – Granted women the right to vote
25Amendments20th (1933) – “Lame Duck” sets the date when the President and Vice President term in office begins21st (1933) – Repeals the 18th Amendment- National Prohibition22nd (1951) – Limits the President to two, 4 year terms
26Amendments23rd (1961) – Gives the people in the District of Columbia the right tovote for the President (Electoral College)24th (1964) – Forbids having to pay a “poll tax” to vote25th (1967) – Established Presidential Succession(Vice President -> Speaker of the House -> Pres. Pro Tempore -> Cabinet)
27Amendments 26th (1971) – Sets the voting age at 18 years old 27th (1992) – Prohibits midterm congressional pay raises