Presentation on theme: "The Constitution of the United States: The Rule Book for the Nation Making of the Modern World Hindes."— Presentation transcript:
The Constitution of the United States: The Rule Book for the Nation Making of the Modern World Hindes
The Preamble: The introduction to the Constitution “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Organization of the Constitution: The table of contents Articles – Largest Chunks or Chapters Article 1 - The Legislative Branch Article 2 - The Executive Branch Article 3 - The Judicial Branch Article 4 - The States Article 5 – Amendment Article 6 - Debts, Supremacy, Oaths Article 7 – Ratification Sections – Most Articles are broken into smaller parts Clauses – Most Sections are made up of even smaller pieces The system helps identify location of information.
Separation of Powers: Federalism & Checks and Balances Federalism Federal Government “Supreme Law” - Art. 6 Cls. 2 State Governments “Local Control”
Legislative Process: How a Bill becomes Law The Basic Law Making Process HouseSenate 1 st Reading – Send to Committee1 st Reading- Sent to Committee Committee Work 2 nd Reading & Floor Debate2 nd Reading and Floor Debate 3 rd Reading & Vote – Sent to Senate3 rd Reading & Vote – Sent to House Conference Committee Process (if needed) Bill sent to Executive for Signature Law If the Executive Vetoes the Bill the Legislative Branch can override the veto with a 2/3 majority in both chambers. Basically, a bill must pass through both the House and Senate AND get signed by the Executive to become a law.
Amending the Constitution: How to clarify or make changes to the rules. Article 5 outlines the rules for amending the Constitution Clarify the rules Detailed explanation of citizenship in the 14 th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Change the rules Such as the 17th Amendment changing who elects Senators: “The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years;” The Bill of Rights were the First 10 Amendments Intended to protect the rights of the people.
Due Process of Law: How laws are enforced The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.' Trials Right to a fair and public trial Right to be present at the trial Right to an impartial jury Right to be heard in one's own defense Taxes may only be taken for public purposes Property may be taken by the government Only for public purposes Owners of taken property must be fairly compensated
Judicial Review: (not explicitly in Const.) Power of the courts to overturn or limit laws that are determined to be unconstitutional. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law. Marbury v. Madison, 1803 Supreme Court Case The Supreme Court decided that a law that violates the “rules” can be declared unconstitutional and struck down. Established the power of “judicial review”. Appeals Process Claimants must work their way up through the lower courts before appealing to the Supreme Court. State District Court State Appeals Court State Supreme Court Federal District Court Federal Appeals Court USSC* * When challenging Federal Law start in Federal. Court.