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Transcript
United States Government and Citizenship Chapter 4: American Government Section 1: A Constitutional Government By Dallin F. Hardy “The Constitution on which our Union rests shall be administered by me according to the safe and honest meaning contemplated by the plain understanding of the people of the United States at the time of its adoption—a meaning to be found in the explanations of those who advocated, not those who opposed it…. These explanations are preserved in the publications of the time.” Thomas Jefferson Constitutional Republic A state where officials are elected as representatives of the people, and must govern according to existing constitutional law that limits the government's power over citizens Established A limited government People are the source of governmental power United States of America United States Constitution Oldest written constitution still in operation in the world Became a model for other countries Restricts and limits the exercise of government of Federal government State government A Written Constitution A contract between Government People “Government of laws and not of men.” Simple & concise “Our peculiar security is in the possession of a written Constitution.” Thomas Jefferson “The Founders said what they meant and meant what they said.” Constitution: Outline of Government Branches of power Offices Qualifications Tenure Power Duties Jurisdictions Restrictions Limitations “No legislative act, therefore, contrary to the Constitution, can be valid…” Alexander Hamilton “…To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master, the representatives of the people are superior to the people themselves, that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.” Alexander Hamilton “It is impossible for a man of pious reflection not to perceive in it a finger of that Almighty hand which has been so frequently and signally extended to our relief in the critical stages of the revolution.” James Madison Overview of the Constitution Articles 1-7 Preamble Gouveneur Morris Established Wrote the Constitution Preamble Goals Purposes “We the People…” Responsible for the preservation of the Constitution Preamble “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.” United States Constitution Preamble “We the People of the United States, (1)in Order to form a more perfect Union, (2)establish Justice, (3)insure domestic Tranquility, (4)provide for the common defence, (5)promote the general Welfare, and (6)secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” United States Constitution Article I: Powers of Congress Article 1 Section 1 “All legislative Powers herein granted shall be vested in a Congress of the United States…” Constitution pg. 1 Legislate To make laws Executive and Judicial branches Cannot make law Congress Bicameral House of Representatives Lower House 435 Members Senate Upper House 100 Members Article 1 Section 2 House of Representatives Elected every 2 Years Direct election Must be 25 7 years citizen Must be from the represented state Proportional to population “The number of Representatives shall not exceed one for every thirty Thousand…” United States Constitution pg. 2 House of Representatives Should have 10,333 members For 310,000,000 Americans Senate Elected Every 6 Years By the State legislatures Must be 30 9 Years citizen Must be from the represented state 2 Senators for each state State representation in Washington D.C. President of the Senate Vice-President Article 1 Section 5 Congressional Record Article 1 Section 5 “Each House shall keep a Journal of its Proceedings, and from time to time publish the same…” United States Constitution pg. 4 Article 1 Section 7 Bills of Revenue Article 1 Section 7 “All Bills for raising Revenue shall originate in the House of Representatives…” United States Constitution pg. 5 House of Representatives controls the purse strings of government How to Make A Law A Law Must pass both houses of Congress by a majority vote House of Representatives Senate President can Sign or veto Constitutional Law Legislative Executive Makes law Puts them into operation Judicial Individual cases Article 1 Section 8 Enumerated Powers Article 1 Section 8 United States Constitution pgs. 6-7 “Congress shall have power to…” 18 points 1. “To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.” 2. “ To borrow Money on the credit of the United States…” 3. “To regulate Commerce with foreign Nations, and among the several States…” 4. “To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States…” 5. “To coin Money, regulate the Value thereof, and of foreign coin, and fix the Standard of Weights and Measures…” 6. “To provide for the Punishment of counterfeiting the Securities and current Coin of the United States…” 7. “To establish Post Offices and post Roads.” 8. “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” 28 Years of copyright protection 9. “To constitute Tribunals inferior to the supreme court…” 10. “To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations…” 11. “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water…” 12. “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years…” 13. “To provide and maintain a Navy…” 14. “To make Rules for the Government and Regulation of the land and naval Forces…” 15. “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions…” 16. “To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress…” 17. “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And” 18. “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Article 1 Section 9 “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” “No Bill of Attainder or ex post facto Law shall be passed.” Article 1 Section 10 Prohibitions on States “No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.” “…but gold and silver Coin a Tender in Payment of Debts…” “Gold and silver are fairly stable commodities that allow of no sudden increase or diminution, and in consequence a specie currency does not readily lend itself to speculative juggling. But a paper system has no natural limitations.” Thomas Jefferson Article II: The Powers of the President Article II Section 1 President of the United States 4 year terms Vice-President 4 year terms Electing the President Electoral College Made up of electors from each state Equal to the states number of Senators Members of the House of Representatives Kept the office of the President in check People not allowed to elect the President Electors Appointed by State legislatures Voted without regard to outside influence Electoral Votes Not cast for a specific position Highest number of votes President Second highest President/Vice-President Vice-President Ties Go to the House of Representatives President Elected every 4 Years Electoral college Must be 35 14 Years a resident Natural born citizen Vice-President Same qualifications Becomes President upon the death of the current President Constitutional Oath Given by President Congress “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will, to the best of my Ability, preserve, protect, and defend the Constitution of the United States.” Presidential Oath “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.” Congressional Oath Oath Breaking Perjury Treachery Article II Section 2 Commander In Chief Over Armed forces Militia Treaties Made by the President Confirmed by 2/3rds of the Senate Presidential Appointments Confirmed by the Senate Ambassadors Supreme Court Judges Office of the President Figurehead Has become Elected Monarch Article II Section 3 State of the Union At the beginning of each session of Congress Recommend legislation Can call in a special session of Congress Can close Congress for a specified time if there is a disagreement in Congress on the date of adjournment Article II Section 4 Impeachment For Treason Bribery High Crimes and Misdemeanors Article III: The Powers of the Supreme Court Federal Judges Appointed by the Confirmed by the President Senate Serve for life Oversee Constitutionally based cases Original Intent Decisions to affect individual case Congressional Direction Congress can limit jurisdiction of the Supreme Court Judicial Impeachment Judges Can be removed Article IV: The States How to Make New States Federal territories Run by the Federal government Applied for statehood States Not run by the Federal government Sovereign entities “Republican Form of Government” Article 4 Section 4 United States Constitution pg. 15 Established the form of government for each state States cannot be Democratic Totalitarian Dictatorial Tyrannical Article V: Amending the Constitution Amendment Process The only way to change the Constitution Federal government cannot ignore parts that it does not like Declaration of war Coining gold and silver 10th Amendment “If in the opinion of the people…the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates.” “But let there be no change by usurpation; for though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed.” Farewell Address by George Washington Con-con Another Constitutional Convention Article 5 2/3rds of the states 34 States 32 states have approved con-con resolutions 10 have rescinded “…no State, without its Consent, shall be deprived of it’s equal Suffrage in the Senate.” Article V Nullifies the 17th Amendment Threat to State’s rights Direct election of the Senators Ratified by 36 of 48 states Opposed by Utah Article VI: The Constitution Standing Tall We Pay Our Debts Represents Responsibility Integrity “Supreme Law of the Land” United States Constitution Supremacy Clause No Religious Tests “…but no religious test shall ever be required as a qualification to any office or public trust under the United States.” United States Constitution pg. 16 Article VII: How to Ratify the Constitution Ratification 9 of the 13 states Each state voted on the Constitution States created the Federal government Only has delegated sovereignty “Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord… United States Constitution Pg. 16