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Introduction to the U.S. Constitution Written in Philadelphia Original intent was to revise the Articles James Madison was the “Father” of the Constitution.

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Presentation on theme: "Introduction to the U.S. Constitution Written in Philadelphia Original intent was to revise the Articles James Madison was the “Father” of the Constitution."— Presentation transcript:

1 Introduction to the U.S. Constitution Written in Philadelphia Original intent was to revise the Articles James Madison was the “Father” of the Constitution 39 men signed it in 1787

2 Federalism Delegated powers: powers granted to the federal government Reserved powers: powers retained by the state government Concurrent powers: powers shared by the state and federal government

3 Article I---Legislative Branch Section One—What is a Congress? 1. Bicameral Legislature---There are two houses, a Senate and House of Representatives.

4 APPORTIONMENT How representatives will be apportioned for the House of Representatives is determined by a census taken every 10 years The votes follow the population

5 2. Clause Two---What are the Qualifications for a member of the U.S. House of Representatives? 25 years old 7 year citizen of the United States Resident of the state one is elected in The leader of the Speaker of the House is usually from the Majority party since the House elects the Speaker. The Political party with the most members is considered the Majority party and the least the minority party.

6 5.Clause Five---Where does the impeachment process start?  The House of Reps. will start the impeachment process  Andrew Johnson---First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction  Richard Nixon---Resigned before official impeachment could take place  Bill Clinton---Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

7 6.Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings? (Yes)  Senate tries impeachments (acts as a jury)  House of Reps. introduces the Articles of Impeachment  House needs a majority (218) vote to bring up charges  Senate needs 2/3s majority (67) to convict

8 Section Three---The Senate 1.Clause One - How is a Senator different from a member of the House of Representatives?  Senators term is 6 years  1 voter per Senator  2 Senators per state (all states get the same amount)  Originally Senators were chosen by state legislatures  Today chosen by direct election (17 th Amendment)

9 3.Clause Three - What are the qualifications for a Senator?  30 years old  9 year citizen of the United States  Be a resident of the state you are elected from 4.Clause Four—  The Vice-President (Joe Biden) of the U.S. is the President of the Senate (very little power and seldom is seen on the Senate Floor )  President of the Senate (Biden) only votes if there is a tie  The president pro tempore leads the Senate in his absence

10 Section Six—Privileges and Restrictions 1.Clause One - What is the salary and benefits for a member of Congress?  Compensation—members of Congress will be paid ($150,000 per year)  Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity)  Slander—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)  Franking—free mail service

11 2.Clause Two - How does a bill become a law? Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview:  First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law  Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law  Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law

12 Section Eight Powers Delegated to Congress 1.Clause One - Why can Congress collect taxes?  Congress can collect taxes for three purposes: Pay off debts Provide defense Provide for the common welfare

13 Current US deficit http://www.deficitsdomatter.org/?gclid= CMCz9aarhpYCFQE0xgodRHEVFQhttp://www.deficitsdomatter.org/?gclid= CMCz9aarhpYCFQE0xgodRHEVFQ

14 2.Clause Two - Can Congress Borrow Money?  They can borrow money on the credit of the United States (selling bonds is one example)  Debt—Total amount of money that the government owes ( currently over $9 trillion)  Deficit—Yearly amount of money that the government owes 3.Clause Three - Can Congress regulate trade?  Interstate—Trade between two or more states  Intrastate—Trade within a state  Congress can only regulate interstate trade

15 11.Clause Eleven  Only Congress can declare war—power to many people as opposed to one  Marque and Reprisal—allowing pirates (Treaty of Paris outlaws this)  War Powers Resolution (1973) - Attempted to limit presidential power of war

16 17.Clause Seventeen—Who controls the District of Columbia?  Washington, in the District of Columbia, is a federal city under the control of Congress  Since 1973, people of the city elect their own officials 18.Clause Eighteen —Necessary and Proper Clause (Elastic Clause)  Congress has the power to establish any rules they deem necessary and proper  Elastic Clause—expands the powers of Congress

17 Section Ten Powers Denied to the States 1.Clause One - Can Minnesota create an alliance with Canada? (No)  States cannot form treaties or alliances with any other states or countries  States cannot coin money

18 Article II—Executive Branch Section One—President & Vice President 1.Clause one—How long is the President in office?  Four year terms  1951—22 Amendment changed it to a maximum of 2 terms or ten years  FDR served the most years in office (12)  Grover Cleveland served 2 nonconsecutive terms (22nd & 24th President of the United States)

19 2. Clause Two - How is the U.S. President elected?  Electors—Presidential voters  Electoral college—system used to elect the President, founders didn’t want a pure form of democracy, wanted a representative democracy  538=total number of Presidential electors, must have 270 to become president  Purpose of the electoral college---give each state somewhat equal representation

20 3.Clause Three—former method of electoral college (changed by 12 th Amendment)  Thomas Jefferson and Aaron Burr each had the same number of electoral votes (73)  Tie would go to the House of Representatives and each state gets one vote, still have to get a majority Election of 1860Popular VotesElectoral Lincoln1, 866,352180 Douglas1,375,15712 Breckenridge847,95372 Bell589,58139

21 Close Elections in History Popular Votes Electoral Votes Hayes (1876) 4,033,950185 Tilden (1876)4, 284,855184 Bush (2000)50,456, 169271 Gore (2000)50, 996, 116266 4.Clause 4 - When does the Electoral College vote?  Official ballot for President is cast by the Electoral College  Electoral College—cast votes on the first Monday after the second Wednesday in December

22 5.Clause Five—What are the qualifications for U.S. President?  35 years old, 14 year resident, natural born citizen  1 st seven presidents were not natural born  1 st natural born was Martin Van Buren  Youngest—Teddy Roosevelt=42  Youngest elected—John Kennedy=43  Oldest—Ronald Reagan=69 6.Clause Six - Changed by the 25th Amendment  The amendment provides for involuntary removal of the President from his power.

23 Section Two Powers of the President 1.Clause One—What are the Military Powers?  President is the head of the military - Commander in Chief  President can grant pardons to criminals who have committed federal crimes 2.Clause Two—Treaties and Appointments  President needs approval by the U.S. Senate to create certain and specific treaties and appointments 3.Clause Three - What if an ambassador dies when the Senate is in recess?  The President can fill position by temporarily

24 Section Four--Impeachment  President, Vice President, and all civil officers can be impeached  Can only be impeached for three things: treason, bribery, or other high crimes and misdemeanors.  Judges are civil officers that are the most often convicted of impeachment  Members of the Congress are expelled by their own house, they do not go through the formal impeachment process

25 Article III—Judicial Branch Section One—Federal Courts 1.Clause One - Who interprets the law?  Judicial branch interprets the law (Courts)  Legislative makes the law (Congress)  Executive enforces the law (President)  Judicial powers—the power to hear cases  Federal Judges are appointed by the President and approved by the Senate

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27 Supreme Court Chief Justice John Roberts (2005) Thurgood Marshall – first African American justice (Clarence Thomas is today) Sandra Day O’Connor- first woman to sit (Ruth Ginsburg is today)

28 2.Clause Two - How does a case reach the Supreme Court?  SC has two kinds of jurisdiction: a. Original—a case is first heard by the SC b. Appellate—cases that are appealed by a lower court (Most cases come to the SC through appellate jurisdiction)  About 75 are heard each year

29 Article V Methods of Amendments 1 st Method - need 2/3 of Congress to PROPOSE an Amendment 2 nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used)  Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention.  Over 4000 proposed Amendments since the early 1800s  Only 27 have been ratified  1 st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process

30 Article VI—General Provisions Section One - Could the new government evade debts owed as a result of the Revolutionary War?  New government can’t evade old debts Section Two - Is the federal law the supreme law of the land?  Yes - State law cannot override a federal law Section Three—all officers, state and federal, must take an oath to support the U.S. Constitution  Can’t have a religious requirement has part of the Oath

31 Article Seven--Ratification Section One—  Convention—calling of delegates from each state to ratify the Constitution  Must have nine states to approve the Constitution

32 CLOSURE Constitution was finished September 17, 1787 55 total delegates during the convention 42 were present on the final day but only 39 people signed the Constitution The following two years provided debate for ratification The United States Constitution took effect April 30, 1789 when George Washington was sworn in as President

33 Federal Government Federal government deals with matters that affect the whole country –Defense –Transportation –Postal Delivery –Federal Taxes

34 Federal Government Executive Branch Executive Branch carries out national laws The President is head of the Executive Branch Commander in Chief of nation’s army Elected to a four year term Approves the laws that congress makes Proposed national budget Can veto a bill

35 Federal Government Legislative Branch Legislative branch makes laws for the nation Two parts of the Legislative Branch –U.S. Senate –U.S. House of Representatives

36 Federal Government Judicial Branch Judicial Branch interprets and applies national laws Make up of the court system Highest is the Supreme Court - appointed for life terms Lowest levels are Justice of Peace Gets its powers from Article III of the Constitution

37 State Government State Government deals with matters within their own state –Schools –State Roads –State Taxes –State Police

38 What is a Citizen? Two kinds of citizens Native-born citizens –Born here –Children of American citizens born while visiting other countries Naturalized citizens –Have to be at least 18 –From other countries –Lived here 5 years to qualify –3 years if they’re married to an American citizen

39 Citizen’s Rights Countries protect their citizens and give them rights Naturalized and Native- born citizens have the same rights, except one Naturalized citizens can’t run for president Citizens can vote Freedom of Religion Freedom of Speech Freedom of the Press

40 Citizen’s Responsibilities Duty to obey the law Vote in elections To pay taxes If the country is at war, citizens may be called to serve in the armed forces Serve on a jury if called


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