Presentation on theme: "The Constitution Article 1 James Madison Independence Hall."— Presentation transcript:
1 The ConstitutionArticle 1James MadisonIndependence Hall
2 CONSTITUTION, Article I ARTICLE I: The Legislative BranchSection 1 — The power to make laws is given to a Congress made up of t wo houses; the Senate and the House of RepresentativesSection 2 — House of Representatives1. New members of Congress chosen by voters every two years.2. Rep. must be: 1) 25 years old; 2) citizen of the U.S. for 7 years; 3) resident of the state they represent.3. The number of representatives from each state is based on that state's population. Each state is guaranteed at least one rep.4. Vacancies in the House are filled by special elections called for by the state's governor.5. Members of the House shall elect a Speaker and other Officers. Members of the House have the sole power of Impeachment.
3 Section 3 — The Senate1. Each state shall have two Senators who shall serve a term of 6 years.2. One-third of the Senate is elected every two years.3. Sen. must be: 1) 30 years old; 2) citizen of the U.S. for 9 years; 3) resident of the state they represent.4. The Vice President presides over the Senate and votes only if there is a tie.5. The Senators shall elect officers including a president pro tempore who presides when the V.P. is absent.6. The Senate tries Impeachment cases. The Chief Justice of the Supreme Court acts as judge and the Senators as jury. A two- thirds vote of members present is necessary for conviction.7. If convicted, an official may only be removed from office and banned from holding a federal position. They can still be tried in a court of law.
4 Section 4 — Elections and Meetings 1. Each state legislature makes its own rules for congressional elections.2. Congress shall assemble at least once every year. The regular session opens on Jan. 3rd.Section 5 — Organization and Rules of Procedure1. A majority of members in each house must be present to have a "quorum" (minimumnumber needed to conduct business).2. Each house sets its own rules.3. A complete record of everything said on the floor is recorded in the Congressional Record.`4. Neither house may adjourn for more than three days or move to another location without the consent of the other house.Section 6 — Privileges and Restrictions1. a- Congressional salaries are paid by the United States Treasury; $165,200/yrb- Members cannot be sued or prosecuted for anything they say in Congress;c- Members cannot be arrested while Congress is in session except for major crimes, treason, or breaking the peace.2. Members of Congress cannot pass laws that would benefit them personally.
5 Section 7 — Passing LawsAll tax laws must originate in the House of Representatives.2. A bill may become law only by passing both houses and being signed by the President. If the President vetoes a bill, it is returned to the house where it originated, along with a written statement of the President's objections. If two-thirds of each house approves the bill after it has been vetoed, the bill becomes law. If the President does not sign or veto a bill in 10 days, it becomes law (unless Congress has adjourned- "pocket veto").3. Every bill passed by Congress must be presented to the President for approval or veto.
6 Section 8 — Powers granted to Congress Congress shall have the power:1. To lay and collect taxes (at the same rate throughout the states);2. To borrow money (issue bonds);3. To regulate foreign and interstate trade;4. To establish laws on Naturalization and Bankruptcy;5. To coin money;6. To provide for the punishment of counterfeiting;7. To establish Post Offices and Post Roads;8. To promote progress by issuing patents and copyrights;9. To establish federal courts;10. To punish piracies and protect American ships on the high seas;11. To declare War;12. To raise and support armies;13. To provide and maintain a navy;14. To make rules for the regulation of the army and navy;15. To provide for the calling of the National Guard to execute the Laws of the Union, supress Insurrections, or repel Invasions;16. To pass rules for governing the National Guard's behavior;17. To make laws for the nation's capital (Washington, D.C.); and18. "To make all laws which shall be necessary and proper for carrying into execution" powers listed above and any other powers given in the Constitution.
7 Section 9 — Powers Denied to the Federal Government 1. Congress can not ban the slave trade before 1808.2. Habeas Corpus can not be suspended except in cases of Rebellion or Invasion. (Habeas Corpus= requires a law official to bring a prisoner to court and show cause for holding the prisoner)3. No Bill of Attainder or ex post facto Law shall be passed (Bill of Attainder = Punishes a person without a jury trial. Ex post facto Law = Makes an act a crime after the act has been committed.)4. No direct tax shall be laid. (16th Amendment made Income Tax okay)5. Congress may not tax goods that move from one state to another.6. Congress may not favor one state or region over another.7. No money shall be drawn from the Treasury except by appropriations made by law.8. No Title of Nobility shall be granted by the United States.
8 Section 10 — Powers Denied to the States No State shall conduct foreign affairs, carry on war, or control interstate or foreign trade States are also not allowed to pass laws that Congress is prohibited from passing.2. No State shall levy duties on imports or exports.3. No State shall maintain an army or navy or go to war. States may not collect fees from foreign vessels or make treaties with other nations.
10 ARTICLE II: The Executive Branch Section 1 — President and Vice President1. Executive power is given to a President, who serves for a four- year term.2. Each state will appoint electors to vote for the President. Each state has as many electors as they do Senators and Representatives.3.4. Congress will determine the national date for choosing electors. (1st Tue after the 1st Mon in Nov.[2nd-8th])5. Qualifications: 35 years or older; 14 years resident of U.S.; natural born citizen of the U.S.6. Vice President acts as Pres. if the Pres. can't. Cong. will determine an "order of succession" after the V.P.7. President receives a salary which cannot be changed during his term of office.8. President must take an "oath of office". January 20th.
11 Section 2 —Powers of the President 1. President is Commander in Chief of the Armed Forces. President may grant pardons.2. Pres. has the power to make treaties. Pres. may appoint ambassadors, federal judges, and other officers.3. President can temporarily fill vacancies without Senate approval if Congress is not in session.Section 3 —Duties of the President:President must give a "State of the Union" address; may call "special sessions" of Congress; must receive ambassadors and other officials; make sure laws are carried out; commission all officers.Section 4 — Impeachment: Pres., Vice Pres., and all civil officers may be removed if impeached and convicted.
12 ARTICLE III: The Judicial Branch Section 1 — Judicial Power is given to a Supreme Court and other lower courts as established by Congress. Federal judges serve for life, but may be impeached.Section 2 — Jurisdiction of the Federal Courts1. Federal courts may try cases involving: the Constitution; federal laws; treaties; the U.S. government;two or more states; citizens of different states; citizens versus foreigners.2. Cases involving ambassadors of foreign nations or states will be tried in the Supreme Court. Other cases may be appealed to the Supreme Court.3. Jury trials are guaranteed for Federal crimes - except for impeachment.Section 3 — Treason1. "Waging war against the U.S. or helping an enemy". Must have testimony of two witnesses (or confession) to convict.2. Punishment determined by Congress. Cannot punish the convicted's family.
13 ARTICLE IV: Relations of the States Section 1 — All states are required to honor each other's laws, records, and legal decisions.Section 2 — Privileges of Citizens1. All states must treat citizens of other states as it treats its own citizens.2. Accused persons who flee to another state must be returned.3.Section 3 — New States and Territories1. Congress admits new states. No new state formed out of old states or parts of old states without approval from Congress and the state legislatures involved.2. Congress has the power to make laws for territories and federal property.Section 4 — All states must have a republican government. Federal government must protect states from invasion and domestic violence.
14 ARTICLE V: Making Amendments — Proposed: 1) 2/3 vote in each house or 2) 2/3 of the statesRatified: 1) 3/4 of state legislatures or 2) 3/4 of state conventionsARTICLE VI: MiscellaneousSection 1 — Public Debt: The U.S. government will honor all debts and contracts made before the Constitution.Section 2 — Supreme Law of the Land: No state law may disagree with the Constitution or federal laws and treaties.Section 3 — Oaths of Office: All federal and state officials must promise to support the Constitution; religionmay not be a qualification for holding a federal office.ARTICLE VII: Ratification — Constitution becomes the law of the nation when ratified by 9 of the 13 states.
16 Amendments 1-10 The Bill of Rights The First Ten Amendments to the U.S. ConstitutionThe Bill of Rights was ratified in (two years after the ratification of the Constitution)The first amendments were written by Congressman James Madison of Virginia They were then re-written by Congressmen and Senators.George Mason is called “Father of the Bill of Rights ”“Bill” means “ List ”The “rights” are those of the People and the States They are protections against the United states Government
17 First Amendment“Congress shall make no law respecting an establishment of relation, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people to peaceable assemble, and to petition the Government for a redress of grievances”Freedom of Speech; Oral, Written, Actions, “expression”, or “Symbolic Speech”. Limits: Safety, Slander, Morals/Standards , School.Freedom of the Press: Originally news papers, now any Public Communication.(TV, Radio); Limits: Safety, Libel, Morals/StandardsFreedom of Religion: “Separation of Church and State . There can be no Government Sponsored religious activity (prayer in schools, religious symbols on public land, religious qualifications for office, etc) We are free to practice any religion we want.Freedom of Assembly: protects the right to peaceable gatherings and meetings regardless of theBeliefs of the group or purpose of the meeting.Freedom of Petition: you can complain to Congress if you have a problem or concern.
18 Second Amendment: “The right to bear arms shall not be infringed” The writers had a fear of the military power of the federal government and wanted to make sure the people could defend themselves against a professional army.Third Amendment: Prevent the Quartering of Soldiers in times of peace.Importance: Had led to the development of the Constitutional right to Privacy.Fourth Amendment: Prohibits unreasonable Search and SeizuresIn order to conduct a search authorities must have a Search Warrant.This can only be issued if there is “Probable Cause ” of a crime.
19 Fifth Amendment: Protects the rights of people accused of a crime. Can only be brought to trial if Indicted by a Grand JuryGives protection against Self Incrimination, or testifying against yourself.Prohibits Double Jeopardy or being tried twice for the same crime.Guarantees all citizens Due Process of Law (a fair trial)Guarantees all citizens the right to own Private PropertyThe governments power to take your property for public use is called Eminent Domain
20 Sixth Amendment: Defendants have a right to a Speedy and Public trial. Accused persons have a right to have a Lawyer and may questions all witnesses.Seventh Amendment: Guarantees a jury trial in all Civil cases.Eighth Amendment: Prohibits excessive Bail or fines. Also prohibits the use of Cruel and Unusual Punishment Death penalty…?Ninth Amendment: the right listed in the Bill of Rights are not the only rights guaranteed to the people.Tenth Amendment; All rights not denied to the states or given to the federal government are given to the People and the States
21 Amendments 11-27Eleventh Amendment (1798) States cannot be sued in Federal Court…by any individual.Twelfth Amendment (1804) Replaced Article 3, Section2 Clause 1. Each elector would now cast one vote for President and one for a Vice President
22 The Civil War Amendments Thirteenth Amendment (1865): Abolished SlaveryFourteenth Amendment (1868): States cannot deny Civil Rights to any citizen. Basically says theBill of Rights applies to the states.Fifteenth Amendment (1870): The right to vote cannot be denied because of “ Race Color or Previous Condition of Servitude ”.
23 Sixteenth Amendment (1913): Gives Congress the power to Tax Personal Sixteenth Amendment (1913): Gives Congress the power to Tax Personal Income.Seventeenth Amendment (1913): senators elected by the Voters of each state.Eighteenth Amendment (1919): The manufacture, sale and transportation of Alcoholic Beverages in the United States is Prohibited .
24 Nineteenth Amendment (1920): Guarantees Women the right to Vote aka Nineteenth Amendment (1920): Guarantees Women the right to Vote aka suffrage.Twentieth Amendment (1933): Moved the date the President takes office from March 4 to January 20th . Also said that congress begins their term on January 3rdTwenty First Amendment: (1933): Repeals the Nineteenth Amendment
25 Twenty Second Amendment (1951): No President can serve More than two Twenty Second Amendment (1951): No President can serve More than two terms.Twenty Third Amendment (1961): Gives people who live in Washington D.C. the right to vote for President and Vice President. Washington D.C. given 3 electoral votes.Twenty Fourth Amendment (1964): Prohibits the use of Poll Taxes in federal elections. Has been ruled to apply to state and local elections.
26 Twenty Fifth Amendment (1967): Presidential Succession If the president dies or resigns, the Vice President becomes President. If there is no Vice President, the President shall Appoint a successor.If the President is unable to carry out his duties (s)he must send a written message to the Speaker of the House and the President Pro Tempore of the Senate. Once this is done, the Vice President is in charge.
27 Twenty Sixth Amendment (1971): Lowers the minimum voting age in all Twenty Sixth Amendment (1971): Lowers the minimum voting age in all elections to 18.Twenty Seventh Amendment (1996): Gives a Pay Raise to all members of Congress. Restrictions: Pay raises cannot go into effect until a new congress is elected. (every two years)