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United States Constitution 101

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1 United States Constitution 101
An Introduction & Overview to the US Constitution United States Constitution 101

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3 What is the US Constitution?
The supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States. It provides the framework for the organization of the United States Government.

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5 US CONSTITUTION The Constitution of the United States is only 4543 words—7762 if you count the Amendments—and originally fit on just four large sheets of paper.  MAKING THE CONSTITUTION WAS A SWEATY, SMELLY AFFAIR.

6 US CONSTITUTION THE INTENT WAS NOT TO CREATE A NEW CONSTITUTION.
The delegates didn't come to Philadelphia intending to write a new constitution—they came to tweak the Articles of Confederation, the original constitution written in 1777 (and later ratified in 1781). 

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8 US CONSTITUTION SOME FRAMERS WANTED TO LIMIT THE SIZE OF THE ARMY.
According to Jonathan Elliot's Debates, Elbridge Gerry was concerned that "there was no check here against standing armies in time of peace" and proposed that "there should not be kept up in time of peace more than __ thousand troops"

9 US CONSTITUTION SOME FRAMERS WANTED TO LIMIT THE SIZE OF THE ARMY.
According to Madison’s notes, "George Washington sarcastically agreed with this proposal as long as a stipulation was added that no invading army could number more than 3000 troops!"

10 US CONSTITUTION BENJAMIN FRANKLIN HAD TO BE CARRIED TO THE CONVENTION
81-year-old Benjamin Franklin was in awful pain. He had gout and could barely stand. Instead of walking, he arrived at Independence Hall on at least the first couple of days carried by four prisoners from the Walnut Street jail, who ferried him around the city in a sedan chair.

11 US CONSTITUTION AMERICA'S FARMERS WERE WOEFULLY MISREPRESENTED.
Of the 55 delegates who attended the Constitutional Convention, 34 were lawyers. Nearly all of them had previously held some kind of public office.

12 US CONSTITUTION THE ELECTORAL COLLEGE MAY HAVE BEEN JUST AS CONTROVERSIAL THEN AS IT IS NOW. It took 60 separate ballots for the delegates to finally accept the Electoral College. proponents believed it was the best compromise between those who wanted to choose the president via direct popular vote and those who wanted a Congressional vote. Since then, there have been more than 500 propositions to reform or eliminate the Electoral College.

13 US CONSTITUTION WRITING IT COST $30.
In other words, $30 in 1780 is equivalent in purchasing power to about $ in 2018, a difference of $ over 238 years. The 1780 inflation rate was 12.30%. The inflation rate in 2018 was 2.44%.

14 US CONSTITUTION Gouverneur Morris I, who wrote the Preamble to the Constitution and is responsible for much of the document's wording; and Jacob Shallus, the Pennsylvania General Assembly assistant clerk who actually held the pen. (Shallus was paid $30—about $900 today—for lending his penmanship.)

15 US CONSTITUTION IT'S RIDDLED WITH PECULIAR SPELLINGS.
When the Constitution was written, English spellings had not yet been standardized. As a result, the document contains odd spellings, British spellings, and peculiar words that might look odd today but were acceptable at the time. 

16 US CONSTITUTION NOT EVERY FOUNDING FATHER SIGNED IT.
Thomas Jefferson never signed the Constitution because he was busy serving as the Minister to France in Paris. John Adams, who was serving as Minister to Great Britain, never signed it either

17 US CONSTITUTION NOT EVERY FOUNDING FATHER SIGNED IT.
A handful of founding fathers, such as George Mason, Elbridge Gerry, and Edmund Randolph were present for the signing but refused to touch the document. Samuel Adams, Patrick Henry, and John Hancock—whose signature was such a standout on the Declaration of Independence—simply did not attend. (When Henry was asked why he declined to attend the convention, he supposedly said, "I smelt a rat.")

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20 US CONSTITUTION RHODE ISLAND HATED THE CONSTITUTION SO MUCH IT ALMOST STARTED A CIVIL WAR. The state opposed a strong central government and had to make 11 attempts to ratify the Constitution Eleven of 13 states ratified the Constitution in the months after signing, and North Carolina finally signed in November 1789. That left Rhode Island—which never sent a delegate to the Constitutional Convention—as the last holdout.

21 US CONSTITUTION When the Bill of Rights was drafted, James Madison proposed 19 amendments (the House sent 17 of them to the Senate, which were consolidated into the 12 amendments that went to the states). The first two, however, were not ratified immediately. THE FIRST AMENDMENT WAS ORIGINALLY THIRD. The first amendment set "out a detailed formula for the number of House members, based on each decennial census“ Today we would have had up to 8,000 members in Congress Proposed second was Congressional compensation (27th)

22 US CONSTITUTION FOR DECADES, IT WAS UNCLEAR IF THE VICE PRESIDENT WAS SUPPOSED TO SUCCEED THE PRESIDENT.

23 US CONSTITUTION According to Article II, Section 1: "In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President." While this section states that the Vice President inherits the powers and duties of the presidency, it does not state that he or she should assume the office of the presidency itself President William Henry Harrison became the first president to die while in office in 1841, Vice President John Tyler began referring to himself as the President

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26 US CONSTITUTION THE 25TH AMENDMENT HAS BEEN INVOKED THREE(ISH) TIMES (ALL FOR COLON TREATMENTS)

27 US CONSTITUTION THE 25TH AMENDMENT HAS BEEN INVOKED THREE(ISH) TIMES (ALL FOR COLON TREATMENTS) SECTION 3 of the 25th Amendment allows the President to hand power over to the Vice President if he feels "unable to discharge the powers and duties of his office.“ President George W. Bush invoked the amendment twice—making Dick Cheney "Acting President"—while he was undergoing colonoscopies.

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29 US CONSTITUTION/ELECTORAL COLLEGE
The U.S. Constitution contains very few provisions relating to the qualifications of Electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. As a historical matter, the 14th Amendment provides that state officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are disqualified from serving as Electors. This prohibition relates to the post-Civil War era.

30 US CONSTITUTION/ELECTORAL COLLEGE
The National Association of Secretaries of State (NASS) has compiled a brief summary of state laws about the various procedures, which vary from state to state, for selecting slates of potential electors and for conducting the meeting of the electors. The document, Summary: State Laws Regarding Presidential Electors, can be downloaded from the NASS website.

31 US CONSTITUTION THE CONSTITUTION PROHIBITS STATES FROM CHANGING THE STRUCTURE OF THEIR GOVERNMENT. According to Article IV, Section 4, also called the Guarantee Clause, the "United States shall guarantee to every State in this Union a Republican Form of Government." In other words, if a state ever attempted to radically change its structure of government—if Vermont wanted to become a monarchy, or if Oklahoma decided to give feudalism a test drive, or if Delaware changed to a full-blown dictatorship—these changes would be considered unconstitutional.

32 US CONSTITUTION The chance of Article V being changed, however, is slim. Over the past two centuries, more than 11,600 amendments to the Constitution have been proposed Of those, only 33 have been sent to the states for ratification. Of those, only 27 have been approved. Rounded down, the percent chance of getting an amendment passed is, in fact, zero. YOU DON'T ALWAYS KNOW HOW YOUR CONGRESSPERSON VOTES

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34 BEN FRANKLIN Benjamin Franklin is the only founding father to have signed all four of the key documents establishing the U.S.: the Declaration of Independence (1776), the Treaty of Alliance with France (1778), the Treaty of Paris establishing peace with Great Britain (1783) and, the U.S. Constitution (1787).

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36 What are the basic principals of the Constitution?
Popular Sovereignty Government power resides in the people Limited government Government is not all powerful, can only do what the people let it. Separation of Powers Helps prevent one branch from becoming too powerful Checks and Balances Federalism Division of power among national and state governments

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39 KEY CLAUSES Commerce Clause Confrontation Clause [6TH AMENDMENT] Commander-in-Chief Clause [Article II Section 2] Due Process Clause [5TH AMENDMENT] Due Process Clause of the Fourteenth Amendment Equal Protection Clause of the Fourteenth Amendment Full Faith and Credit Clause General Welfare Clause [Article I, section 8] Necessary and Proper Clause [Article I, Section 8] Search and Seizure Clause [4TH AMENDMENT] Takings Clause [Eminent Domain] Grand Juries Clause [5TH AMENDMENT] Supremacy Clause [Article VI, Paragraph 2]   

40 What are the Checks and Balances?

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42 Who Wrote It? James Madison is considered “the father of the Constitution.” His important contributions: The Virginia Plan Separation of Powers Bill of Rights

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44 Why was it written? After the Revolutionary War, the Articles of Confederation set up the structure of the US Government. The federal government was extremely weak and this created many problems such as: No separation of powers – only unicameral legislature. Weak central government – states had most power. Congress did not have the power to tax – this means they could not get their finances in order.

45 Why was it written? More problems with the Articles of Confederation:
In order to change the Articles, all thirteen states had to approve of the changes. This made it essentially impossible to make any changes. For any major laws to pass they had to be approved by 9 or the 13 states which was difficult. Congress did not have the power to regulate commerce which caused competition between states. It also caused diplomatic issues when states refused to pay for goods their received from other nations.

46 Why was it written? Shays’ Rebellion:
An uprising of farmers in Massachusetts – led by Daniel Shays. Helped convince leaders that a strong central government was needed. "A scene at Springfield, during Shay's Rebellion, when the mob attempted to prevent the holding of the Courts of Justice."—E. Benjamin Andrews, 1895

47 When was it written? May 25th to September 17th, 1787 Philadelphia
Intention was to revise Articles of Confederation Ended up replacing the Articles and creating a new government Called the “Constitutional Convention.”

48 What were the important outcomes of the Constitutional Convention
Virginia Plan: Separation of powers Bicameral legislature based on population Federal government had increased powers New Jersey Plan: Unicameral legislature where every state received equal representation. Great Compromise: Hybrid of VA and NJ Plans: Bicameral legislature: House of Reps based on population Senate based upon equal representation Three-Fifth’s Clause: Slaves count as 3/5’s of a person for representation purposes & taxes.

49 Ratification Debate Needed 9 of 13 states to ratify or official approve of the Constitution before it went into effect. A huge debate emerged between two sides: Federalists Anti-Federalists

50 Federalists v. Anti-Federalists
Supported the Constitution and a strong central government Alexander Hamilton, James Madison, John Jay [Publius] Federalist Papers – series of articles written in defense of the Constitution Anti-Federalists: Supported a weaker central government – felt too much power was taken away from the states Opposed the Constitution Wanted a Bill of Rights included Samuel Adams, Patrick Henry

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52 Ratification Officially adopted after ratified by New Hampshire.
Once the new government convened, they added a Bill of Rights to the Constitution.

53 Structure of the Constitution
Preamble: Statement of purpose Articles: I: Legislative Branch II: Executive Branch III: Judicial Branch IV: Relations Among the States V: Amendment Process VI: Federal Power VII: Ratification Amendments: 27 Total 1st ten are the Bill of Rights

54 Article I: Legislative Branch
Bicameral: Senate 2 Senators for each state House of Representatives Based on population Reps serve for 2 year terms Senators serve for 6 year terms Important Powers: Make laws Set taxes Declare war Override Vetoes Borrow money Regulate international and national trade Print money

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56 Article II: Executive Branch
President and Vice President are elected to 4 year terms Qualifications: At least 35 years old 14 year resident of the US Natural born citizen Elected by the Electoral College Important powers: Commander-in-Chief Grant pardons Make treaties Appoint federal officers Ensure laws are executed

57 Article III: Judicial Branch
Supreme Court judges serve for life unless impeached. Judicial power rests with US Supreme Court and other courts created by Congress Important Powers: Decides cases of Constitutional law and federal law Cases involving ambassadors go straight to Supreme Court Judicial Review comes later (1803 – Marbury v. Madison)

58 USC ARTICLE IV Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. It also details the mechanism by which new states are permitted to enter the nation and the federal government's obligation to maintain law and order in the event of an "invasion" or other breakdown of a peaceful union.

59 ARTICLE IV Subsection I: Full Faith and Credit
Subsection II: Privileges and Immunities Subsection III: New States Subsection IV: Republican Form of Government

60 Other Important Articles:
Article V: Amendments: Amendments are proposed when 2/3 of House and Senate deem it necessary Amendments are proposed when 2/3 of states deem it necessary Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of states Article VI: Federal Power Supremacy Clause: Federal law is supreme to state law No religious tests for public office

61 Important Amendments: Bill of Rights
Freedom of religion, of speech, of the press, to assemble, and to petition Right to bear arms No quartering of soldiers No unreasonable search and seizure Indictments; Due process; Self-incrimination; Double jeopardy, and rules for Eminent Domain. Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel Right to trial by jury in civil cases No excessive bail & fines or cruel & unusual punishment There are other rights not written in the Constitution All rights not given to Federal Government belong to states and people.

62 Other Important Amendments: Reconstruction Amendments
13th Amendment abolished slavery 14th Amendment Due process and equal protection under the law All persons born in US are citizens 15th Amendment Right to vote regardless of race, color, or previous servitude

63 Other Important Amendments:
18th Amendment Prohibition of alcohol 19th Amendment: Women’s suffrage 21st Amendment: Repeals prohibition 22nd Amendment: Presidential term limits 24th Amendment: Prohibits poll taxes for voting 26th Amendment: lowers voting age to 18

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67 Impeachment Impeachment: The first step in removing an officer from office Article II, Section 4: The President, Vice-President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Article I, Section 3, Clause 6 and 7: Process of Impeachment.

68 Presidential Impeachments
Andrew Johnson 1868 Bill Clinton 1998 Richard Nixon 1974

69 Presidential Impeachments
Thus far in the history of the United States there been three Presidential impeachment proceedings -- in 1868 against President Andrew Johnson for his removal of Secretary of War Edwin Stanton in violation of the Tenure of Office Act against President Richard Nixon for the Watergate cover-up (106 years after Johnson) against President Bill Clinton for lying under oath and obstruction of justice (24 years after Nixon).

70 Modern Impeachment Procedure:
 Impeachment resolutions made by members of the House of Representatives are turned over to the House Judiciary Committee which decides whether the resolution and its allegations of wrongdoing by the President merits a referral to the full House for a vote on launching a formal impeachment inquiry.  The entire House of Representatives votes for or against a formal impeachment inquiry, needing only a simple majority (a single vote) for approval. 

71 Modern Impeachment Procedure:
If approved, the House Judiciary Committee conducts an investigation to determine (similar to a grand jury) if there is enough evidence to warrant articles of impeachment (indictments) against the President. The Committee then drafts articles of impeachment pertaining to specific charges supported by the evidence. The Committee votes on each article of impeachment, deciding whether to refer each article to the full House for a vote.

72 Modern Impeachment Procedure:
 If the House Judiciary Committee refers one or more articles of impeachment, the entire House of Representatives votes on whether the article(s) merit a trial in the Senate, needing only a simple majority for approval. If the full House approves at least one article of impeachment, the President is technically impeached and the matter is referred to the U.S. Senate. The House then appoints members of Congress to act as managers (prosecutors).  The trial of the President is held in the Senate with the Chief Justice of the U.S. Supreme Court presiding. The President can be represented by anyone he chooses.

73 Modern Impeachment Procedure:
 The entire Senate may conduct the trial or it or it may be delegated to a special committee which would report all the evidence to the full Senate.  The actual trial is conducted in a courtroom-like proceeding including examination and cross-examination of witnesses. During questioning, Senators remain silent, directing all questions in writing to the Chief Justice. After hearing all of the evidence and closing arguments, the Senate deliberates behind closed doors then votes in open session on whether to convict or acquit the President. The vote to convict must be by a two thirds majority, or 67 Senators. If this occurs, the President is removed from office and is succeeded by the Vice President. The Senate's verdict is final and there is no right of appeal.


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