Presentation is loading. Please wait.

Presentation is loading. Please wait.

The United States Constitution.

Similar presentations


Presentation on theme: "The United States Constitution."— Presentation transcript:

1 The United States Constitution

2 The Declaration of Independence
What was it? Propaganda designed to gain support of Europeans (French) and Loyalists Who wrote it? A committee headed by Thomas Jefferson When: 1776 Why: The Revolutionaries needed more support What it Says: 1. Parts - Philosophy and List of Grievances 2. Basic Principles – Social Contract Theory – Government is created to serve the needs of the people. First formulated by John Locke

3

4 B. The Articles of Confederation
What was it: First American government Who wrote it: The Second Continental Congress When: 1777 Why: Rule by law rather than individuals Problems with the Articles of Confederation: 1. Unable to collect taxes 2. Unable to regulate interstate trade 3. No Executive to enforce laws 4. No Judiciary to interpret laws 5. 9/13 states needed to pass laws and all needed to Amend the Articles Could - make peace, appoint officers, and run the post office.

5 Articles of Confederation
1781 “League of Friendship” Each state independent 13 members to Congress Could make peace Coin Money Appoint Army officers Post office John Hancock - President

6 Then came – Shay’s Rebellion
Ex-soldiers and officers prevented courts from session in Massachusetts. Continental Congress has no money or troops Whoops – no state militia either Raised funds and hired individuals to break up the rebellion

7 The Philadelphia Convention
What it was: Committee that wrote the Constitution Who was there: Delegates from the states When: in Philadelphia, Pennsylvania Why they met: To revise the Articles of Confederation Who wasn’t there?

8 Preamble sets forth the goals of the government
Who can recite?

9 Basic Principles of the Constitution
Popular Sovereignty By Consent Limited Government Separation of Powers Checks and Balances Federalism

10 Basic Principles of the Constitution
Supreme law of the Land – Constitution takes precedence over state and Congressional laws Popular Sovereignty – the power of the government comes from the people. Government can exist only with the consent of the people. Limited government - government is restricted in what it may do. Each individual has rights that the government may not take away. Separation of Powers- Power divided equally among the three branches of government Checks and balances – system of overlapping powers to allow the branches to check on the actions of others. Federalism – a form of government with a written constitution divides the power between a central government and several local governments – i.e. state and local. Republic –the people elect representatives to make decisions for them Federal System – Separation of powers between different levels of government

11 The Options for distributing power geographically

12 Delegated, Reserved, and Concurrent Powers

13 Delegated Powers – powers directly granted to federal government
Reserved Powers – powers retained for the states Concurrent Powers – powers shared at state and federal level Enumerated Powers – powers that are listed in the constitution

14 The Plans Virginia Plan Governor Randolph and Madison
Strong National government 3 Branches Two Houses – one chosen by people and one by the other house State laws could be vetoed by National Government Representation based on population – benefit to the larger states. The New Jersey Plan William Patterson Amend the articles not replace them Gave some additional powers to the national government but kept one vote per state. Favored the smaller states

15 Great Compromise Bi cameral Legislature The Connecticut Plan
Vote 5-4 with two not voting and two absent 65 member House – by population Senate – two members each state (chosen by state legislatures) Electoral College 4 year term – no bar on number of terms Supreme Court nominated by President and confirmed by Senate

16 Anti-Federalists vs Federalists
-Feared to much power to the elite -Failed to Protect Freedoms -State powers over Central government Federalists Federalist Papers representative form of democracy over direct divided among levels of government promised to add bill of rights

17 Madison – Protection against the Tyranny of the Majority
Madison is the Father of the Constitution He had some hesistation about strong national government Protections placed in the constitution Separation of Powers Checks and Balances Only the House was directly elected

18 Structure of the Constitution
Preamble 7 Articles I Legislative Branch II Executive Branch III Judicial Branch IV Relations among the States V Procedures for Amendments VI Debts. Supremacy of National Law, Oaths, VII Ratification of the Constitution Amendments Bill of Rights – 1st 10 Amendments 27 Amendments

19 Amendments to the Constitution
Amendments 1-10 are the Bill of Rights, which include: 1st – Freedom of religion, speech, press, assembly and petition 4th – Protection from unreasonable search and seizure 5th – Due Process of Law – right to a fair trial, no double jeopardy, not to self- incriminate 6th – Speedy and Fair Trial – to have a Jury trial, to know your accuser, to know the charges against you, to have a defense attorney 8th – No Cruel and Unusual Punishment 1oth – Undelegated powers reserved to the states and the people 13th – 15th – Civil War Amendments 16th – 19th – Progressive Amendments 21st – Prohibition Repealed 22nd – No Third Term 23rd – District of Columbia can vote in Presidential elections 25th – Presidential Succession and Disability 26th – Voting Age 18 (1971)

20 Article I Legislative Branch
Function: - Make the Laws Congressional Joint Powers a. Levy and collect taxes b. Raise and maintain military c. Grant statehood d.Control national lands e. Regulate interstate trade f. Naturalize citizens g. Declare war h. Control making of currency

21 Senate 6 year term 2 Members per State Qualifications for Senators
30 years old U.S. citizen for 9 years resident of state elected Election by the People 6 year term 2 Members per State Powers reserved for Senate confirm Presidential appointments approve/reject treaties Jury for impeachment trial

22 House of Representatives
Elected by the People 2 Year Term Based on Population (435) Powers reserved for the House Taxes Begins impeachment Elects President if Electoral College fails to do so Qualifications 25 years old U.S. Citizen for 7 years Resident of the state elected

23 Elastic Clause Article 1 section section 8 states 18 enumerated powers but the most powerful is the Elastic Clause. Grants Congress the power to make laws “necessary and proper” to run the government

24 Article II Executive Branch
Function – Execute the Laws Members: President 1. Qualifications a. 35 years old b. Natural-born citizen c. U.S. resident for 14 years 2. Method of Selection – Electoral College 3. Term of Office – 4 years- maximum of 2 terms

25 Powers of the President:
a. Execute laws passed by Congress b. Make treaties with advice and consent of the Senate c. Appoint ambassadors and federal judges d. Suggest measures to Congress e. Veto laws f. Commander-in-Chief of armed forces g.Head of State and Chief Executive h. Pardon and reprieve i. Call special sessions of Congress

26 Vice President 1. Qualifications Duties a. 35 years old
b. Natural-born citizen c. U.S. resident for 14 years 2. Method of Selection – Electoral College 3. Term of Office – 4 years- maximum of 2 terms Duties 1. Head of the Senate – votes in case of a tie 2. Duties as determined by the President

27 Article III Judicial Branch
Function – Interpret Laws Members – a. Method of Selection – Presidential Appointment b. Term of office – Life (or Retirement) Powers – a. try cases based on the breaking of law b. interpret meaning of laws 4. Structure District Court – Starting point of most cases Appellate Court – 3 Justice panel – appeals only Supreme Court – Original and Appellate jurisdiction – Highest Court in the Land

28 Court Decisions “The Constitution is what the Supreme Court SAYS it is!” Necessary and Proper clause, Judicial Review, and interpreting the Constitution

29 Checks and Balances Appoints Justices Can Veto Bills
Senate approves Treaties and Presidential appointments Appoints Justices Can Veto Bills Calls Special sessions of Congress Can Impeach and Try President Can Override Veto by 2/3 Majority Can Declare Laws Unconstitutional Senate Approves appointments to Judicial Branch

30 Article V Amending the Constitution
To Propose an Amendment: 2/3 Vote in Both Houses of Congress… National Convention Called by Congress when Requested by 2/3 of the State Legislatures (never been done)

31 …Amending the Constitution
To Ratify an Amendment: 3/4 of State Legislatures (38 today)… 3/4 of State Ratifying Conventions (done once for the 21st amendment)

32

33 “ Informal Amendment” TJ said that each generation should have their own constitution….The constitution is a living document. Precedent and Custom Elastic Clause Court interpretation of the Law Judicial review

34 More Terms to know and where are they found in the constitution
Anti Federalists view of the constitution Shay’s Rebellion Full Faith and Credit Clause Necessary and Proper Clause Bill of attainder Ex Post Facto Law Writ of Habeas Corpus

35 The Illinois Constitution Written in 1970, it is patterned after the U
The Illinois Constitution Written in 1970, it is patterned after the U.S. Constitution Part One: Branches Executive Branch Function: Execute the Laws Members a. Governor – Chief Executive b. Lieutenant Governor – Assists the Governor c. Treasurer – Controls money spent by the state d. Comptroller – Controls money coming into the state e. Attorney General – Chief legal officer for the state f. Secretary of State – Controls all legal record for the state

36 Illinois Legislative Branch – General Assembly
1. Function: Create the Laws 2. Members a. House of Representatives 1. Term of Office: 2 Years 2. Number of Members 2 per district – 118 total b. Senate 1. Term of Office: 4 years 2. Number of Members: 1 per district – 59 total

37 Judicial Branch 1. Structure
a. Circuit Court – Original jurisdiction – Divided into different courts for different functions b. Appellate Court – Hears appeals – 3 judge panel c. Supreme Court – 7 judge panel – serve for 10 years 2. Method of Selection: Election (different from Federal) 3. Term of Office: 4 years

38 U.S. vs. Illinois Constitution
Similarities Three branches of government with a separation of powers Structure – Preamble, Articles, Bill of Rights and Amendments Bicameral legislature System of Checks and Balances Differences IL elects judges and Cabinet Different terms for senators; different legislative names Voters in IL must approve an amendment No term limit on governor in Illinois

39 Voting Procedures United States Flag At least 18 years old
Can only vote in your home precinct If you cannot be in your polling place on election day, you can request an absentee ballot in advance If you do not vote for over 4 years, your registration is cancelled We use an Australian ballot, which lists all of the candidates for an office on the same ballot United States Flag The U.S flag should be flown above the flags of states and cities. It should be flown at the same level as other nations’ flags. Flag symbols – 50 stars to represent the 50 states and 13 states to represent the original 13 states.


Download ppt "The United States Constitution."

Similar presentations


Ads by Google