1. A Guide to Teaching the United States Constitution

2. 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

3. The Preamble—The Introduction to the Constitution
Two main Questions found in the Preamble:
1. Why they are writing it?
(to form a more perfect union)
2. What are the goals to be reached?
(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)

4. Constitution How the Constitution is divided:
1. Articles—the major divisions
2. Sections---divisions of an article
3. Clauses---divisions of a section

5. Article I---Legislative Branch
Congress:
Bicameral Legislature
There are two houses, a Senate and House of Representatives.

6. House of Representatives
Serve 2 year terms
Qualifications:
25 years old
• 7 year citizen of the United States
• Resident of the state one is elected in

7. What determines the amount of Representatives each state will receive?
Census (happens every 10 years)
The number of people in each state are counted
Congress totals the number of Reps. each state will get (that total must equal 435)

8. 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

9. House Officers Speaker of the House Majority Leader Majority Whip
Controls the discussion of the floor
Majority Leader
Helps the speaker & leads his party
Majority Whip
Helps majority leader
Minority Leader
Serves as a watchdog over the majority party
Minority Whip
Helps minority leader

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

11. 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

12. Officers of the Senate
President of the Pro Tempore
presides temporarily when vice-president is not available (very little power)
Majority Leader
controls the agenda of the majority party
Majority Whip
helps the majority leader
Minority Leader
A watchdog function over the majority party
Minority Whip
helps the minority leader

13. Trial of Impeachments
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

14. Elections
At one time federal elections were not uniform. Some states held them on different days and months.
National Election Day was set by Congress (1st Tuesday after the first Monday of November)

15. Rules House of Reps and the Senate have different rules
Filibuster—Delaying a bill through the use of discussion
Strom Thurmond—longest filibuster, 24 hours 18 minutes
Cloture rule—rule in the Senate that will end a filibuster if 60 Senators agree to vote for the closing of debate
Censure—punishing a member of Congress, take away some of their power or seniority

16. Privileges and Restrictions
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)
Franking—free mail service

17. Method of Passing Bills
Where do tax bills start?
All tax bills start in the House.

18. 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

19. Powers of Congress
Article I, Section 8 of Constitution lists 27 expressed powers of Congress
Include power to declare war, levy taxes, regulate commerce and currency

20. Congress's other expressed powers are wide-ranging, including:
The power to establish rules of naturalization
The power to make rules for bankruptcies
The power to punish counterfeiters
The power to set up a national post office
The power to provide for copyrights and patents
The power to organize all federal courts below the Supreme Court
The power to punish pirates
The power to make rules to regulate the conduct of the armed forces
The power to govern the federal capital (Washington, DC)
The power to acquire lands from the states for use by the federal government

21. Section 8 Clause Eighteen—Necessary and Proper Clause
Congress has the power to establish any rules they deem necessary and proper
Also called the Elastic Clause—expands the powers of Congress
Called Implied Powers

22. Powers Denied to the Federal Government
Habeas corpus - “you have the body” - You have the right to test the legality of your detention
The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

23. Congress cannot pass a bill of attainder (legislative act against a named person)
Eg: Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!!
Congress cannot pass an ex post facto law (after the fact)
Eg: Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th