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 BranchSenate

Number of Senators = 100 , 2 from each stateTerm = 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

• Vice President of U.S. presides over Senate• 1/3 elected every two years• Unlimited terms• Governors of the state can fill vacancy

House of Representatives Number of Representatives = 435 Number from Illinois (2010) - 19Term = 2 yearsQualifications: 25 years old, 7 years a U.S. citizen, resident in district you will represent

• Speaker of the House presides over House of Representatives• Unlimited terms• Special election held if vacancy occurs• 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

TaxesBorrow MoneyRegulate tradeNaturalization and BankruptcyMake MoneyPunish counterfeiting Establish post officesCopyrights and PatentsCreate lower courtsPiracyDeclare warProvide and maintain armed forcesNational GuardOversee 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

Cannot form treaties or alliances with any other states or countriescoin moneyharbor troops in times of peaceengage in wartax imports or exports with the consent of Congress

Powers Denied to the States

Article II—Executive BranchPresident & Vice PresidentTerm

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. President35 years old14 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

TreasonOnly 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 creditEach 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 GOVERNMENTWashington D.C.Congress

House of Representatives = 435Term = 2 yearsQualifications = 25 years old, 7 years a citizen, live in district

Senate = 100Term = 6 yearsQualifications = 30 years old, 9 years a citizen, live in state

STATE GOVERNMENTSpringfield, IllinoisGeneral Assembly

House of Representatives = 118Term = 2 yearsQualifications = 21 years, resident for 2 years in your district

Senate = 59Term = 4 yearsQualifications = 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

Executive Enforces Laws

Judicial Interprets Laws

CongressPresident

Vice-PresidentCabinet

Judges

3 Branches of Federal Government

__________Makes Laws

_________Enforces Laws

__________ Interprets Laws

CongressPresident

Vice-PresidentCabinet

Judges