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US Constitution and Bill of Rights US Government.

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Presentation on theme: "US Constitution and Bill of Rights US Government."— Presentation transcript:

1 US Constitution and Bill of Rights US Government

2 Constitution The US Constitution has 3 major parts: The US Constitution has 3 major parts: 1) Preamble 1) Preamble 2) Articles 2) Articles 3) Amendments 3) Amendments The US Constitution is divided into: The US Constitution is divided into: 1) Articles 1) Articles 2) Sections 2) Sections 3) Clauses 3) Clauses Preamble: The introduction of the Constitution. It states the goals of the document. Preamble: The introduction of the Constitution. It states the goals of the document.

3 Article I: The Legislative Branch (Makes the Laws) Congress - 2 houses Congress - 2 houses Quorum: A majority of the members. A quorum must be present to carry the work of each house. Quorum: A majority of the members. A quorum must be present to carry the work of each house.

4 Article I: The Legislative Branch (Makes the Laws) House of Representatives House of Representatives 25 years old/ US Citizen for 7 years/ Resident of the state 25 years old/ US Citizen for 7 years/ Resident of the state 2 year term 2 year term Representation is based on population Representation is based on population Presiding officer is the Speaker (of the House) Presiding officer is the Speaker (of the House)

5 Article I: The Legislative Branch (Makes the Laws) Senate Senate 30 years old/ US Citizen for 9 years/ Resident of the State 30 years old/ US Citizen for 9 years/ Resident of the State 6 year term 6 year term 1/3 of the Senators are elected every 2 years 1/3 of the Senators are elected every 2 years Presiding Officer is the Vice President Presiding Officer is the Vice President President Pro Tempore serves when the VP is absent President Pro Tempore serves when the VP is absent

6 Article I: The Legislative Branch (Makes the Laws) Powers granted to Congress Powers granted to Congress (Delegated Powers) (Delegated Powers) 1) Establish and collect taxes 2) Borrow money 3) Regulate interstate and foreign trade 4) Establish naturalization laws 5) Coin money, set weights and measures 6) Establish punishment for counterfeiting 7) Establish post offices 8) Issue patents and copyrights

7 Article I: The Legislative Branch (Makes the Laws) Powers granted to Congress Powers granted to Congress (Delegated Powers) (Delegated Powers) 9) Establish federal courts 10) Punish for piracy 11) Declare war 12-14) Establish and regulate an army and navy 15-16) Govern a militia (National Guard) 17) Establish and govern the District of Columbia 18) Elastic Clause: Congress has the power to make all laws necessary and proper to carry out its duties (Unpredictable futuristic laws).

8 Article II: The Executive Branch (Enforce the Laws) President - head of the Executive Branch Native born/ 35 years old/ US Resident for 14 years Native born/ 35 years old/ US Resident for 14 years 4 year term 4 year term Salary is $400,000 Salary is $400,000 Powers: Commander in Chief, pardons, treaties, appointments Powers: Commander in Chief, pardons, treaties, appointments Election Day: the first Tuesday, after the first Monday, in November, every four years. Election 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.

9 Article III: The Judicial Branch (Judge/Interpret the Laws) Supreme Court – the highest court in the U.S. Supreme Court – the highest court in the U.S. Decides if laws are Constitutional (legal under the Constitution) Judges Judges Term of office – Life Eight Justices total One Chief Justice Treason – the crime of aiding an enemy of the U.S. It is the only crime listed in the Constitution. Treason – the crime of aiding an enemy of the U.S. It is the only crime listed in the Constitution.

10 Article IV: Relation of the States to Each Other Full Faith and Credit Clause - actions of any state must be recognized in all other states. 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. Extradition – criminals fleeing a state must be returned to the state where they committed the crime.

11 Article V: How Amendments are Made Amendments must be proposed by 2/3 vote in each house or the states. Amendments must be proposed by 2/3 vote in each house or the states. 3/4 of the states must approve the amendment. 3/4 of the states must approve the amendment.

12 Article VI: General Provisions Supreme Law of the Land – the Constitution, US treaties, and federal laws overrule state laws when there is a conflict. Supreme Law of the Land – the Constitution, US treaties, and federal laws overrule state laws when there is a conflict.

13 Article 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 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.

14 Bill of Rights The first ten amendments to the Constitution (the Bill of Rights) were added in December of 1791, a year after the ratification. The first ten amendments to the Constitution (the Bill of Rights) were added in December of 1791, a year after the ratification. 1st Amendment (1791) – 1st Amendment (1791) – Freedom of Religion SpeechPressAssemblyPetition

15 Bill of Rights 2nd (1791) – Right to bear arms 2nd (1791) – Right to bear arms 3rd (1791) – Limits the quartering of troops 3rd (1791) – Limits the quartering of troops 4th (1791) – Limits unlawful searches and seizures 4th (1791) – Limits unlawful searches and seizures

16 Bill of Rights 4th (1791) – Limits unlawful searches and seizures 4th (1791) – Limits unlawful searches and seizures Illegal Search & Seizure Illegal Search & Seizure Must have probable cause (what constitutes probable cause?) Must have probable cause (what constitutes probable cause?) Search Warrants: Search Warrants: Must be court issued Must be court issued Must explain why search is taking place Must explain why search is taking place Must tell what is to be taken or searched Must tell what is to be taken or searched Must state where the search is to take place Must state where the search is to take place

17 Bill of Rights 5th (1791) – The right to due process of law 5th (1791) – The right to due process of law 5 Rights 5 Rights Grand Juries Grand Juries Is there enough evidence to hold a trial Is there enough evidence to hold a trial Double Jeopardy Double Jeopardy Prevents people from being tried twice for same crime. Prevents people from being tried twice for same crime. Self Incrimination Self Incrimination Can not be forced to say anything that would convict yourself of a crime. Can not be forced to say anything that would convict yourself of a crime. Due Process Due Process Can not take a persons life, freedom, or property. Can not take a persons life, freedom, or property. Eminent Domain Eminent Domain The govt. can take a persons property for the benefit of the public. The govt. must pay a fair price for the property. The govt. can take a persons property for the benefit of the public. The govt. must pay a fair price for the property.

18 Bill of Rights 6th (1791) – Right to a speedy trial, including the right to be represented by a lawyer 6th (1791) – Right to a speedy trial, including the right to be represented by a lawyer Rights of the Accused Rights of the Accused Must be told what you are being tried for Must be told what you are being tried for Must be given a prompt trial in public Must be given a prompt trial in public Guilt or innocence must be decided by a jury of the area of the crime Guilt or innocence must be decided by a jury of the area of the crime Accused has right to be present when witnesses speak Accused has right to be present when witnesses speak Accused has right to lawyer Accused has right to lawyer

19 Bill of Rights 7th (1791) – Jury trial in civil cases ($20 or more). 7th (1791) – Jury trial in civil cases ($20 or more). Right to Trial by Jury (in civil cases) Right to Trial by Jury (in civil cases) 6 th Amendment protects trial by jury in criminal cases 6 th Amendment protects trial by jury in criminal cases The 7 th Amendment protects trial by jury in civil cases The 7 th Amendment protects trial by jury in civil cases Auto accidents, unpaid bills, emotional stress Auto accidents, unpaid bills, emotional stress Must involve more than $20 Must involve more than $20

20 Bill of Rights 8th (1791) – Forbids unfair bail, fines, and cruel and unusual punishment 8th (1791) – Forbids unfair bail, fines, and cruel and unusual punishment Bail and Punishment Bail and Punishment No unusually large bail No unusually large bail No cruel or unusual punishment No cruel or unusual punishment Bail =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. Bail =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.

21 Bill of Rights 9th (1791) – Citizens are entitled to rights not listed in the Constitution 9th (1791) – Citizens are entitled to rights not listed in the Constitution Other Rights Other Rights Not only are those listed in the Bill of Rights the rights allowed. Not only are those listed in the Bill of Rights the rights allowed. Right to Privacy Right to Privacy Govt. can only do what is allowed by the Constitution. Govt. 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 Rights The States & people have all the powers that are not specifically given to the federal govt. or denied to the states by the Constitution.

22 Amendments 11th (1798) – Rules for lawsuits against states 11th (1798) – Rules for lawsuits against states Citizens of other States or foreign countries cannot sue a State in federal court without its consent! 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 votes Same qualifications for VP as for President

23 Amendments 13th (1865) – Abolished slavery in the U.S. 13th (1865) – Abolished slavery in the U.S. Slavery is Illegal in U.S. 14th (1868)- 14th (1868)- 14 th Amendment = Civil Rights in the States Everyone born or Naturalized in the U.S. is a citizen of the U.S. and the State he/she lives in. Everyone 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 them States cannot makes laws denying citizens the rights afforded to them All people except untaxed Indians are counted towards representation in Congress All people except untaxed Indians are counted towards representation in Congress 15th (1870) – Granted voting rights for ex-slaves 15th Amendment = Black Suffrage U.S. or States cannot use race to prevent any citizens from voting. 16 th Amend. (1913) = Income Taxes Establishes an Income Tax

24 Amendments 17th (1913) – Direct election of Senators by the people 17th (1913) – Direct election of Senators by the people FAIL FAIL th (1919) – National Prohibition- banning the sale of alcohol 18th (1919) – National Prohibition- banning the sale of alcohol 19th (1920) – Granted women the right to vote 19th (1920) – Granted women the right to vote

25 Amendments 20th (1933) – Lame Duck sets the date when the President and Vice President term in office begins 20th (1933) – Lame Duck sets the date when the President and Vice President term in office begins 21st (1933) – Repeals the 18th Amendment- National Prohibition 21st (1933) – Repeals the 18th Amendment- National Prohibition 22nd (1951) – Limits the President to two, 4 year terms 22nd (1951) – Limits the President to two, 4 year terms

26 Amendments 23rd (1961) – Gives the people in the District of Columbia the right to 23rd (1961) – Gives the people in the District of Columbia the right to vote for the President (Electoral College) vote for the President (Electoral College) 24th (1964) – Forbids having to pay a poll tax to vote 24th (1964) – Forbids having to pay a poll tax to vote 25th (1967) – Established Presidential Succession 25th (1967) – Established Presidential Succession (Vice President -> Speaker of the House - > Pres. Pro Tempore -> Cabinet) (Vice President -> Speaker of the House - > Pres. Pro Tempore -> Cabinet)

27 Amendments 26th (1971) – Sets the voting age at 18 years old 26th (1971) – Sets the voting age at 18 years old 27th (1992) – Prohibits midterm congressional pay raises 27th (1992) – Prohibits midterm congressional pay raises


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