Download United States Constitution

Constitution
During war, Continental Congress created a set of laws
called the Articles of Confederation
– Created a national government
– Each state kept their own government.
Because King and British Parliament had trampled on
their rights – the colonists wanted to make sure that
their new nation of states would be created in a way
that no one group or one person could get too much
power!!!!!
They were too cautious - Made new national government
too weak.
Articles were thrown out – Constitution was written!!!!!
Great Compromise
What was the issue?
Compromise
Great Compromise
What was the issue?
Representation of states in federal government
Small states vs. Large states
Compromise
Bicameral Legislature – two houses in Congress
Senate – equal representation
House of Representatives – representation based
on population
3/5th Compromise
What was the issue?
Compromise
3/5th Compromise
What was the issue?
South wanted slaves to count in their
population total = more representation
Compromise
Slaves were 3/5ths of a person.
Election of President
What was the issue?
Compromise
Election of President
What was the issue?
Elite men did not trust poorer, uneducated people to
pick president
Compromise
Electoral college elects president
Electoral college voters are representatives from
state
Bill of Rights
What was the issue?
People were afraid that new government would be
too strong and take away individual freedom the
way the British government had.
Compromise
First ten amendment added in 1791 to
safeguard certain rights.
Government Structure
What was the issue?
Compromise
Government Structure
What was the issue?
Fear of one person or group getting too
much power
Compromise
Three branches of government with
checks and balances
Ratification
• 9 of 13 states
needed to vote to
ratify in special
session to adopt
the Constitution
• Federalists agreed
to add Bill of
Rights to appease
the
Anti – Federalists.
Key Concepts
Define following:
Federalism
Delegated Powers
Reserved Powers
Concurrent Powers
Key Concepts
Define following:
Federalism – government were power is divided amongst
state and national governments
Delegated Powers – delegated to the national government
Reserved Powers – reserved for the state governments
Concurrent Powers – powers shared by national and state
governments
Article I – The Legislative Branch
Senate
Term = 6 years (every two years, 1/3 of seats are up for election)
Qualifications:
30 years old
9 years a U.S. citizen
resident in the state you will represent
House of Representatives
Term = 2 years
Qualifications:
25 years old
7 years a U.S. citizen
resident in district you will represent
Reapportionment – census can change number of representatives from each
state
Each state must have one.
Vacancy
– House = governor holds special election
– Senate = governor appoints
Impeachment
– House – sole power to impeach
• 218 votes needed
– Senate – tries impeachment (acts as jury)
• 2/3 needs to convict – 67 votes
– 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
Elections
–
National Election Day was set by Congress
(1st Tuesday after the first Monday of
November)
Adjournment
–
–
Adjourn—to stop meeting
Consent—Need consent of the other house if
you are going to adjourn for more than three
days (law making process would stop if only
one house adjourns, usually joint
adjournment)
Privileges and Restrictions
- Congressional immunity-can’t be arrested for minor
crimes when traveling to or from Congress
- 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)
How does a bill become a law?
1st - passes one house by majority vote, passes
second house by majority vote, goes to
president, president signs it into law
2nd -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
3rd - 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
Pocket Veto - What if Congress adjourns and a bill has not
been signed by the President?
Passes one house by majority vote, passes second house by
majority vote, goes to president, delays action for ten days
excluding Sundays, within that time Congress adjourns,
BILL DOES NOT BECOME A LAW (Reagan had 8 pocket
vetoes)
Powers Delegated to Congress
ENUMERATED
Taxes
Borrow Money
Regulate trade
Naturalization and Bankruptcy
Make Money
Punish counterfeiting
Establish post offices
Copyrights and Patents
Create lower courts
Piracy
Declare war
Provide and maintain armed forces
National Guard
Oversee D.C.
Necessary and Proper (Elastic Clause)
Powers Denied to the Federal Government
Habeas corpus - You have the right to test the legality of your
detention - judge is not concerned with guilt or innocence
No ex post facto – laws made after the fact
No titles of nobility
Powers Denied to the States
Cannot
form treaties or alliances with any other states or countries
coin money
harbor troops in times of peace
engage in war
tax imports or exports with the consent of Congress
Article II—Executive Branch
President & Vice President
Term
Four year terms
1951—22 Amendment changed it to a maximum of 2 terms or ten
years
Election
Electoral college—system used to elect the President, founders didn’t
want a pure form of democracy, wanted a representative
democracy
Qualifications U.S. President
35 years old
14 year resident
natural born citizen
Powers of the President
Military Powers
- President is the head of the military Commander in Chief
- President can grant pardons to criminals who
have committed federal crimes
Treaties and Appointments
- President needs approval by the U.S. Senate to
create certain and specific treaties and
appointments
Article III—Judicial Branch
- Judicial powers—the power to hear cases
- Federal Judges are appointed by the President and
approved by the Senate
Jurisdiction—power and right to apply law
How does a case reach the Supreme Court?
1)Original—a case is first heard by the SC
2)Appellate—cases that are appealed by a
lower court (Most cases come to the SC
through appellate jurisdiction)
About 75 are heard each year
Treason
Only crime defined in the Constitution (helping a nation’s
enemies or carrying out war against your country)
2 ways of being convicted:
1. Confession in court room
2. Having two witnesses testify against you
Treason can only happen during time of war
Maximum penalty is death
Espionage, Sabotage, conspiracy to overthrow the
government are all similar to treason but happen during
times of peace
Article IV—Relations Among the
States
Full faith and credit
Each state shall respect legal action of another state (marriage
licenses, speed limits, fines, drivers license)
Only Congress can admit states
Congress will make all laws for all U.S. territories.
Article V
Methods of Amendments
1st Method - need 2/3 of Congress to PROPOSE an
Amendment
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
 1st Ten Amendments were a package deal, 18 and 21
cancel each other out, leaves 15 separate Amendments
that went through the process
Article Seven--Ratification
Section One—
 Convention—calling of delegates from each state to
ratify the Constitution
 Must have nine states to approve the Constitution
FEDERAL GOVERNMENT
Washington D.C.
Congress
House of Representatives = 435
Term = 2 years
Qualifications = 25 years old, 7 years
a citizen, live in district
Senate = 100
Term = 6 years
Qualifications = 30 years old, 9 years
a citizen, live in state
STATE GOVERNMENT
Springfield, Illinois
General Assembly
House of Representatives = 118
Term = 2 years
Qualifications = 21 years, resident
for 2 years in your district
Senate = 59
Term = 4 years
Qualifications = 21 years, resident
for 2 years in your district
Ratified!
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
3 Branches of Federal Government
Legislative
Makes Laws
Congress
Executive
Enforces Laws
President
Vice-President
Cabinet
Judicial
Interprets Laws
Judges
3 Branches of Federal Government
__________
Makes Laws
Congress
_________
Enforces Laws
President
Vice-President
Cabinet
__________
Interprets Laws
Judges