1. The Living Constitution
Chapter 5
Section 4

2. 5 Purposes of Constitution
Establish Legitimacy
Create Appropriate Structures
Describe and Distribute Power
Limit Government Powers
Allow for Change

3. Preamble
We the people of the United States,…, do ordain and establish this Constitution for the United States of America
Sets forward six concepts behind the constitution

4. Article I: The Legislature
Section 1: Splits the Legislature into 2 houses
Section 2: The House of Representatives
Section 3: The Senate

5. Cont. Section 4: Congressional Elections
Section 5: Rules and Procedures
Section 6: Payment and Privileges
Section 7: How a bill becomes a Law

6. Cont. Section 8: Powers Granted to Congress
Section 9: Powers Denied Congress
Section 10: Powers Denied the States

7. Article II: The Executive
Section 1: The Presidency
A. Terms of Office – 4 years
B. Electoral College – Vote for president
C. Qualifications – Natural Born Citizen, 35
D. Succession – Vice President
E. Salary - > $500k
F. Oath of Office – Said before entrance

8. Cont. Section 2: Powers of the President
A. Military Powers – President is Commander in Chief, Can require opinion of Executive Departments, Can grant pardons and reprieves except in the case of impeachment

9. Cont. Section 2: Powers of the President B. Treaties, Appointments
C. Vacancies

10. Cont.
Section 3: Presidential Duties
Section 4: Impeachment

11. Article III: The Judiciary
Section 1: Federal Courts and Judges
- Establishes Supreme Court
Section 2: The Court’s Authority
1. General Authority
2. Supreme Court
3. Trial by Jury

12. Cont.
Section 3: Treason
1. Definition
2. Punishment

13. Article IV: Relations Among States
Section 1: State Acts and Records
Section 2: Rights of Citizens
A. Citizenship
B. Extradition

14. Cont. Section 3: New States A. Admission B. Congressional Authority
Section 4: Guarantees to the States

15. Article V: Amending the Constitution
There are now 27 amendments to the constitution
There are 2 methods for proposing and ratifying amendments

16. Article VI: Supremacy of the National Government
Section 1: Valid Debts
Section 2: Supreme Law
Section 3: Loyalty to Constitution

17. Article VII: Ratification
Approval of 9 of the 13 states
39 delegates of the 55 which attended signed the Constitution

18. The Bill of Rights Proposed by Congress September 25, 1789
Ratified December 15, 1791

19. Amendment I Freedom of Religion, Speech, Press, and Assembly (1791)
The first amendment protects the civil liberties of individual citizens

20. Amendment II Bearing Arms (1791)
Does it really mean the right to carry weapons?

21. Amendment III Quartering Troops (1791)
People have a right to privacy in their own homes
Based on Colonists grievances to Britain during American Revolution

22. Amendment IV Searches and Seizures (1791) Protects Privacy
Must be a reasonable cause for search
Evidence seized illegally cannot be used in court

23. Amendment V Rights of Accused Persons (1791)
- Person must be indicted by jury
- Double jeopardy
- Military Law
- Martial Law
- Person can refuse to answer questions that may incriminate them

24. Amendment VI Right to a Speedy, Fair Trial (1791) - Impartial Jury
- Evidence is presented
- Witnesses from both sides
- Government must provide a lawyer

25. Amendment VII Civil Suits (1791) - $20 Amendment
- Jury trial is provided for in Civil Case

26. Amendment VIII Bail and Punishment (1791)
- Bail cannot be to set to high
- No cruel and unusual punishment can be inflicted

27. Amendment IX Powers Reserved to the People (1791)
- People’s rights are not limited to those found in the constitution

28. Amendment X Powers Reserved to the States (1791)
- Protects states and people from a powerful federal government
- States that the people and states retain all power except for those specified

29. Amendment XI Suits Against States (1795)
- Lawsuits against a state cannot be tried in federal court
- Stems from Chisholm v. Georgia

30. Amendment XII Election of President and Vice-President (1804)
- Changes Article II, Section 1, Clause 3
- States that voters are to cast separate ballots for President and Vice President

31. Amendment XIII Abolition of Slavery (1865) - Act which ended slavery
- Prohibits the binding of a person to service due to debt
- Congress had the Power to Enforce by legislation

32. Amendment XIV Rights of Citizens (1868)
- Penalized Southern states that refused to grant all citizens the right to vote
- Kept Confederate leaders form serving in government
- War debts had to be paid

33. Amendment XV The Right to Vote (1870) - No longer left to states
- Poll taxes would still be paid at some places
- Congress was given power to reinforce amendment by legislation

34. Amendment XVI Income Tax (1913)
- Supreme Court had previously stated that income taxes were unconstitutional
- This amendment authorized a tax based on a direct basis

35. Amendment XVII Direct Election of Senators (1913)
- Power to Elect Senators was given to each to the people
- State must empower a person to fill a vacancy if necessary

36. Amendment XVIII Prohibition of Alcoholic Beverages (1919)
- Prohibited the production, transport, or sale of alcoholic beverages
- repealed by the 21st

37. Amendment XIX Women Suffrage (1920)
- This gave all women the right to vote
- Congress had power to enforce legislation

38. Amendment XX “Lame-Duck” Amendment (1933)
- Section 1: shortened length of time between election & inauguration
- Section 2: a new congressional session begins on Jan. 3
- Section 3: V-Pres. takes office if president dies before inauguration
- Section 7: Ratification by states is 7 years

39. Amendment XXI Repeal of Prohibition (1933)
- Ratified by state conventions rather than state legislatures
- It nullified the 18th amendment

40. Amendment XXII Limit on Presidential Terms (1951)
- President can only serve two terms

41. Amendment XXIII
Presidential Electors for the District of Columbia (1961)
- People in Washington, D.C. now had the right to vote for president
- They cast three electoral votes

42. Amendment XXIV Abolition of the Poll Tax (1964)
- Poll taxes could no longer be used in Presidential or Congressional Elections
- In 1966, Supreme Court banned them in state elections

43. Amendment XXV Presidential Disability and Succession (1967)
- Replacing the President & Vice-President
- Replacing President with Consent
- Replacing President w/o Consent

44. Amendment XXVI Eighteen-Year-Old Vote (1971)
- Previously, one must be 21 to vote
- Vietnam played a large role on this

45. Amendment XXVII Restraint on Congressional Salaries (1992)
- Any increase in salaries of members of Congress will take place in the next session of Congress