1. The US Constitution The Laws of the Land

2. To Refresh Your Memory The Constitution is the supreme law of the land: It describes what the government can do It lists the rights of its citizens It explains how it can be reformed or changed

3. The Structure of the Constitution The Constitution is organized into three sections: Preamble Articles Amendments

4. The Preamble

5. “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.”

6. What does the Preamble mean? With its first three words, “We the People,” the preamble emphasizes that the nation is to be ruled by the people - not a king or dictator, not the president, Supreme Court Justices, members of Congress or state legislators. The Supreme Court held in 1905 (in Jacobson v. Massachusetts) that the preamble is not a source of federal power or individuals’ rights. All rights and powers are set out in the articles and amendments that follow.

7. The Articles We’ll focus on the first three mostly http://www.youtube.com/watch?v=pyqEA PYnhjk&feature=channel

8. An Outline of the Articles Article I --- Congress or legislative branch. Article II --- President or executive branch. Article III --- judges and national courts or judicial branch. Article IV ---how the states relate to each other and the national government. Article V --- how the Constitution can be changed. Article VI --- how the Constitution is the supreme law of the land. Article VII --- the ratification of the document.

9. Article 1—The Legislative Branch The legislative branch is called Congress and is made up of two Houses (parts): The House of Representatives and the Senate.

10. The House States with the largest populations have the most representatives in the House. House members must be at least 25 years old or older to serve. House members are elected to a two year term. There are 435 members in the House of Representatives.

11. The Senate The Senate is the other part of the Congress There are two senators for each state, which means of course there are 100 Senators. Senators must be at least 30 years old. Senators are elected to a six year term.

12. Article 2 --The Executive Branch The executive branch is headed by the president. The president is the commander-in-chief of the armed forces.

13. Presidential Requirements The president is elected to a four year term. The president can only serve two terms. The president must be a citizen by birth The president must be at least 35 years old.

14. (Military ) Chiefs of Staff The Executive Branch The Executive Branch President’s President’s 5Roles Chief Executive Chief Diplomat Commander-in-Chief of the Military Chief of State Legislative leader

15. Article 3---The Judicial Branch The Judicial Branch of the federal government is headed by the Supreme Court. Supreme Court justices are nominated by the president and approved by the Senate. There are 9 Supreme Court justices, who are appointed for life.

16. Checks and Balances How do these branches interact? http://www.youtube.com/watch?v=aO1zrn R6q7g

17. Checks and Balances Powers each branch has that allows them to check up on the other branches Prevents branches from abusing their powers Preserves the separation of powers Requires cooperation between the branches of government

19. Legislative Branch (House and Senate) Can override a presidential veto Can impeach and remove the president Ratifies presidential appointments Authorizes/appropriates funds for legislation Checks on the judiciary Can impeach and remove judges Confirms federal judges

20. Executive Branch (President and Cabinet) Proposes legislation (laws) Vetoes legislation (laws) Makes treaties w/ foreign countries Checks on the judiciary Appoints federal judges Enforces court decisions

21. Judicial Branch (Supreme Court and Lower Courts) Reviews executive decisions Checks on Congress Reviews congressional laws Judicial Review (executive and legislative) Supreme Court Justices appointed for life

24. Briefly….. The framers of the Constitution established a system of checks and balances to prevent any branch government from getting too powerful. Example: Congress has the right to pass bills into law, but the president can veto them, which means the bill does not become a law.

25. 3-2-1 Summary 3 – List the three branches of government and one power each branch has. 2 – List two checks that can be used, which branch uses them, and how the check can be balanced. 1 – List one reason why we should maintain a separation of powers.

26. The Amendments http://www.youtube.com/watch?v=d5 zumFJx950

27. An Amendment Is… A change in the Constitution There have been 27 amendments to the Constitution. The first 10 amendments are called the Bill of Rights.

28. The First Ten… The Bill of Rights was not included in the 1787 Constitution. The first ten amendments (Bill of Rights) were ratified on December 15, 1791.

29. 1 st Amendment Religious and Political Freedom (1791) Freedom of Speech is a basic right in America- verbal or symbolic Religion Press Assembly Redress of Grievances ( right to complain and ask for change) http://www.youtube.com/watch?v=3ezoOtsu7Dg

30. 2 nd Amendment Right to Bear Arms (1791) “ A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Many people now believe this Amendment means: Everyone has the right to own a weapon. http://www.youtube.com/watch?v=RablPaIREkk http://www.youtube.com/watch?v=qyhpeEfvEPs

31. 3 rd Amendment No Quartering Troops in citizens homes (1791) During the American Revolution this was an issue

32. 4th Amendment No unlawful Search and Seizure (1791) Probable cause – the police can search due to probable cause (belief there is a problem or law being broken)

33. 5 th Amendment Rights of Accused Persons (1791) “ No Double Jeopardy” Can’t be tried for the same crime twice No forced confessions: may remain silent A Grand Jury will decide if the government has enough evidence to press charges http://www.hulu.com/watch/219440#i0,p4,s2,d0 Start at 6:00 http://www.hulu.com/watch/219440#i0,p4,s2,d0

34. 6 th Amendment Right to a Speedy, Public Trial (1791) Trial by Jury in Criminal Cases (see WCC) Miranda Rights- Miranda Warning (1966) Gideon v. Wainright- added right to an attorney http://www.sunnylandsclassroom.org/Asset. aspx?id=12 (start at 23) http://www.sunnylandsclassroom.org/Asset. aspx?id=12

35. 7 th Amendment Trial by Jury in Civil Cases (1791) Rules of Common Law Individuals/ groups/ businesses suing each other or the government for damages. Not a Criminal Issue.

36. 8 th Amendment Limits of Fines and Punishment (1791) NO Excessive Bail No Excessive Punishments: To date the death sentence is not cruel. Each state decides the method for the state. Current methods used throughout the USA Lethal Injection, Electric chair, Hanging, Gas Chamber, Firing Squad. The Federal Government will only use Lethal Injection for Federal Death Sentences http://www.youtube.com/watch?v=EghKqUdBsyc http://www.youtube.com/watch?v=qDO6HV6xTmI

37. 9 th Amendment Rights of People (1791) You have more rights than are written down The Right of Privacy ( Implied) The right to travel freely with out government papers (custom) http://www.youtube.com/watch?v=XtEtJ_5r R_4 http://www.youtube.com/watch?v=XtEtJ_5r R_4

38. 10 th Amendment Powers of State and People (1791) The Federal Government is limited in that some powers are reserved for the states and the people. This is a states rights amendment

39. Bill of Rights Review http://www.youtube.com/watch?v=1qpZ5- 4hcxk http://www.youtube.com/watch?v=1qpZ5- 4hcxk

40. 11 th Amendment States cannot be sued by another State or foreign country or by citizens of other States or by its own residents. Repealed part of Article III section II of the Constitution.

41. 12 th Amendment Election of the President and Vice President Changes part of Article II section 1 Each elector in the Electoral College casts two ballots now: one for President and one for Vice President. (Before, the person with the 2nd highest number of votes was elected Vice President)

42. A Quick Clip http://www.youtube.com/watch?v=FaPlIcQ w_dg http://www.youtube.com/watch?v=FaPlIcQ w_dg

43. What do we know about the EC? http://www.funtrivia.com/playquiz/quiz2050 425c048.html http://www.funtrivia.com/playquiz/quiz2050 425c048.html

44. 13 th Amendment Forbids slavery or involuntary servitude in the United States, except as punishment for a crime.

45. 14 th Amendment Defines citizenship as all persons who are born or naturalized in the U..S.. and the State which they live. No State shall deprive a U..S.. Citizen of life, liberty or property, without due process of law. No State shall deny to any person equal protection off the laws. Removes the 3/5 clause from Article I Section I

46. 15 th Amendment No one shall be denied the right to vote because of race, color, or “previous condition of servitude.”

47. 16 th Amendment Creates Income Tax

48. 17 th Amendment Senators elected by popular vote instead of State legislatures If vacancy occurs, Governor must call a special election. The Governor may appoint a replacement for the remainder of the term if the State Legislature had authorized that step.

49. 18 th Amendment Prohibition of Intoxicating Liquors

50. 19 th Amendment Women’s vote – Right to vote cannot be denied on the basis of sex.

51. 20 th Amendment Changes date for start President’s/VP’s term and moved start of Congress’ term to earlier date (Lame Duck Amendment)

52. 21 st Amendment Repeal of the 18th Amendment (End of Prohibition)

53. 22 nd Amendment Two term limit for President If President succeeded to the Presidency in the last half of the previous presidency, maximum term limit 10 years.

54. 23 rd Amendment Added Presidential Electors for the District of Columbia. Maximum the same number of Electors for the least populous State (3)

55. 24 th Amendment No one may be denied the right to vote in any federal election for reason of not paying any poll tax or other tax.

56. 25 th Amendment Provision for presidential succession Provided for the replacement of the Vice President when there is a vacancy

57. Succession Order Part 1 The Vice President Joseph BidenJoseph Biden Speaker of the House Nancy PelosiNancy Pelosi President pro tempore of the Senate 1 Robert ByrdRobert Byrd Secretary of State Hillary Rodham ClintonHillary Rodham Clinton Secretary of the Treasury Timothy GeithnerTimothy Geithner Secretary of Defense Robert GatesRobert Gates Attorney General Eric HolderEric Holder Secretary of the Interior Ken SalazarKen Salazar Secretary of Agriculture Tom VilsackTom Vilsack

58. Secretary of Commerce Gary LockeGary Locke Secretary of Labor Hilda SolisHilda Solis Secretary of Health and Human Services Kathleen SebeliusKathleen Sebelius Secretary of Housing and Urban Development Shaun DonovanShaun Donovan Secretary of Transportation Ray LaHoodRay LaHood Secretary of Energy Stephen ChuStephen Chu Secretary of Education Arne DuncanArne Duncan Secretary of Veterans Affairs Eric ShinsekiEric Shinseki Secretary of Homeland Security Janet NapolitanoJanet Napolitano

59. 26 th Amendment Voting age reduced from 21 to 18

60. 27 th Amendment Limits Congress’ control over its wages by delaying implementation of any increase until after the next regular election.

61. 3-2-1 Summary 3 – List the three amendments that lift restrictions placed on your ability to vote. Why are these amendments important? 2 – List two amendments that list your rights if you are charged with a crime. 1 – Give one example of how the constitution shows that it is open to correct itself.