introduction to the united states constitution
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Introduction to the United States Constitution. Introduction to the U.S. Constitution. Written in Philadelphia Original intent was to revise the Articles James Madison was the “Father” of the Constitution 39 men signed it in 1787. Constitution. How the Constitution is divided: - PowerPoint PPT PresentationTRANSCRIPT
Introduction to the United States Constitution
Introduction to the U.S. Constitution
• Written in Philadelphia• Original intent was to
revise the Articles • James Madison was
the “Father” of the Constitution
• 39 men signed it in 1787
Constitution
• How the Constitution is divided:1. Articles—the major divisions2. Sections---divisions of an article3. Clauses---divisions of a section
The PreambleIntroduction to the Constitution
• Two main Questions found in the Preamble:1. Why they are writing it?
(to form a more perfect union)2. What are the goals to be reached?
(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)
• We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.
The PreambleIntroduction to the Constitution
Article I
The Legislative Branch
Article I – The Legislative Branch
• All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives
Article I – The Legislative Branch
• The House of Representatives– Two year terms– Requirements
• Must be 25 years or older• Must be a citizen for 7 years• Must live in the state where
you serve
– 1 Representative for every 30,000 people
• Population will be recounted every 10 years
– Has the sole power of impeachment
Article I – The Legislative Branch• House of Representatives
– 2 Year Term (No Limit)
– 25 Years Old
– 7 Year Citizen
– Resident of state which is represented
– Representatives by Population
Walt
Minnick
Mike
Simpson
Article I – The Legislative Branch
• The Senate– Two Senators for each state (population does not
matter)– Serves for 6 Years (1/3 of the senators will be
elected every two years.)– Requirements
• Must be 30 years or older• Must be a citizen for 9 years• Must live in the state where you serve
– Sole power to try the President for impeachment– The Vice President serves as the President of the
Senate (only votes in the case of a tie in the Senate)
Article I – The Legislative Branch• Senate
– 6 Year Term (No Limit)• Three Classes
– 30 Years Old
– 9 Year Citizen
– Resident of state which is represented
– Only Two Per State
– Vice President will break ties
Mike
Crapo
Jim
Risch
Article I – The Legislative Branch
• Congress must assemble at least once per year
• Must keep a journal of their proceedings
• Congress will be paid for their services– Will be paid out of the
United States Treasury• Cannot serve in more
than one position in the United States while serving in Congress
Article I – The Legislative Branch
• Making Laws– Tax bills may only be started in the House of
Representatives• The Senate must approve those bills
– All bills must be passed in the Senate and the House before it can go to the President
• Bills must pass by over a ½ majority• If a Bill is vetoed, it must be passed again by a ⅔rds
majority.• If the President does not sign or veto a bill within
10 days, it becomes a law
Article I – The Legislative Branch
• Powers of Congress– Collect Taxes– Borrow Money– Regulate Trade– Coin Money– Establish Post Offices– Promote Science– Declare War– Punish Pirates– Raise an Army– Support a Navy– Provide for a Militia
• To Make all laws that are necessary and proper
Article I – The Legislative Branch
• Powers that Congress does not have– No banning of Writs of Habeas Corpus
• Bring to court to be sure they are tried fairly– No Bills of Attainder
• Congress singles out a person without a fair trial– No Ex Post Facto Laws
• After the Fact– No Taxing of goods between states– No taking money from the treasury without the
passing of a law– No granting of Titles of Nobility
Senate
House of Representatives
Article I – The Legislative Branch
Passing
Laws
The Legislative Branch
Article II
The Executive Branch
Article 2 – The Executive Branch
• The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and together with the Vice President, chosen for the same Term, be elected as follows
Article 2 – The Executive Branch
• Electing the President– Each State appoints electors
equal to the number of Senators and Representatives
• No Senator or Representative may become an Elector
– Electors will vote for President• The Person with the most votes
becomes President• The Person with the second most
votes becomes Vice-President
– In the Case of a tie• House chooses President• Senate Chooses Vice-President
• The Election process was changed by the Amendment 12
Article 2 – The Executive Branch
• Requirements– Must be a Natural
Born Citizen• Or a Citizen of the
United States at the time of the Adoption of the Constitution
– Must be at least 35 Years old
– Must be a Resident for 14 Years
Article 2 – The Executive Branch
• What if something happens to the President?– In case of Removal,
Death, Resignation, or Inability to serve, the following shall occur
– The power falls to the Vice-President
• This was later changed by the 25th Amendment
Article 2 – The Executive Branch
• Pay for the President– The President will be
compensated for his time in office
• Currently – President Obama– $400,000 per year
– $50,000 expense account
– $100,000 nontaxable travel account
– $19,000 for entertainment
Article 2 – The Executive Branch
• Past Presidents– George Washington
• $25,000 a year• already a wealthy man,
refused to accept his salary
• He did ask for his living expenses to be covered
– Theodore Roosevelt• spent his entire $50,000
salary on entertaining guests at the White House
– John F. Kennedy • donated his salary to
charities
Article 2 – The Executive Branch
• Powers of the President– Commander in Chief of the
Military– May Pardon people for crimes– Make Treaties– Appoint Ambassadors– Appoint Supreme Court
Justices– Give the State of the Union
Address• Recommend changes in
government to the Congress
Article 2 – The Executive Branch
• The President may be removed from office for the following– Treason– Bribery– High Crimes– Misdemeanors
• How long is the President in office?– Four year terms– 1951—22 Amendment changed it to a
maximum of 2 terms or ten years– FDR served the most years in office (12)
Article II—Executive Branch
Article II—Executive Branch
• How is the U.S. President elected?– Electors—Presidential voters– Electoral college—system used to elect the President,
founders didn’t want a pure form of democracy, wanted a representative democracy
– 538=total number of Presidential electors, must have 270 to become president
– Purpose of the electoral college---give each state somewhat equal representation
• We will discuss the process more in depth at a later date.
Article II—Executive Branch
• What are the qualifications for U.S. President?
35 years old, 14 year resident, natural born citizen
1st seven presidents were not natural born
1st natural born was Martin Van Buren
Youngest—Teddy Roosevelt=42
Youngest elected—John Kennedy=43
Oldest—Ronald Reagan=69
The Executive Branch
Article III
The Judicial Branch
Article 3 – The Judicial Branch
• The judicial Power of the United States, shall be vested in one supreme Courts, and in such inferior Courts as the Congress may from time to time ordain and establish.
Article 3 – The Judicial Branch
• The Judges– Judges will serve as long as they show good behavior– Appointed by President– Approved by Senate– Serve for Life (with some acceptions)
• Compensation– US District Court judges - $165,200/year
• The same as members of Congress.– Chief Justice’s - $212,000/year
• The same as the vice president and the speaker of the House– Federal appeals court judges - $175,100/year– Supreme Court Justices - $203,000/year
Article 3 – The Judicial Branch• Judicial Power
– Extends in all cases that have to do with
• The Constitution• U.S. Laws• Treaties• Ambassadors• Public Ministers• U.S. Conflicts• Controversies between 2 or
more states• Between State and Citizen• Between Citizens of
different states• Between Citizens of States
and Foriegners
Article 3 – The Judicial Branch
• Judicial Jurisdiction– Cases affecting
Ambassadors and Public Ministers
• Supreme Court
– All other cases• Appellate Court• Then the Supreme
Court
Article 3 – The Judicial Branch
• Cases of Treason– The Court will try people
for treason– No Person shall be
convicted on Treason unless
• On the Testimony of two or more Witnesses
• On Confession in Open Court
– Congress has the power to declare the Punishment of Treason
Article 3 – The Judicial BranchWho are the Supreme Court
Justices• Seated
– Justice Anthony M. Kennedy– Justice John Paul Stevens– Chief Justice John G.
Roberts– Justice Antonin G. Scalia– Justice David H. Souter
• Standing– Justice Stephen G. Breyer– Justice Clarence Thomas– Justice Ruth Bader Ginsburg – Justice Samuel A. Alito, Jr
Article III—Judicial BranchChecks & Balances
1. Clause One - Who interprets the law? Judicial branch interprets the law
(Courts) Legislative makes the law
(Congress) Executive enforces the law
(President) Judicial powers—the power to hear
cases Federal Judges are appointed by
the President and approved by the Senate
The Judicial Branch
Article IV
States Rights
Article 4 – States Rights
• Full faith and Credit shall be given in each State to the Public Acts, Records, and judicial Proceedings of every other State.– And the Congress may
by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Article 4 – States Rights
• Citizens in one state have the same rights as they do in other states.
Article 4 – States Rights
• People who commit a crime in one state and flee to another, must be returned to the State where they committed the crime.
Article 4 – States Rights
• No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, …shall be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
• This was changed by the 13th Amendment
Article 4 – States Rights
• New States may be admitted to the Union by the following…– No new state shall be
formed within the boundaries of another state
– Two states may not come together to form another state.
Article 4 – States Rights
• Protecting Rights– Guarantee every state
a Republican Form of Government
– Protect from Invasion– Protect from Domestic
Violence
Article V
Amending the Constitution
Article 5 - Amendments
• ⅔rds of both Houses may propose Amendments to the Constitution– Or ⅔rds of all states
• ¾ths must approve.• No Changes may be
made before 1808 on the issue of slavery– This is now Obsolete
• No state shall be deprived of its equal suffrage in the Senate
Article V Methods of Amendments
1st Method - need 2/3 of Congress to PROPOSE an Amendment
2nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used) 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
Amending the Constitution
Article VI
The Constitution is the Supreme Law of the Land
Article 6 – Supreme Law
• All debts gained before the Constitution must still be paid
• The Constitution is the Supreme Law of the Land
Article 6 – Supreme Law
• All government official must take an Oath or Affirmation to support the Constitution
• No religious test shall ever be required to hold public office
Article VI—General Provisions
Section One - Could the new government evade debts owed as a result of the Revolutionary War? New government can’t evade old debts
Section Two - Is the federal law the supreme law of the land?
Yes - State law cannot override a federal law
Section Three—all officers, state and federal, must take an oath to support the U.S. Constitution
Can’t have a religious requirement has part of the Oath
The Supreme Law
Article VII
Ratification of the Constitution
Article 7 – Ratification
• Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Article 7 – Ratification
• DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth IN WITHNESS whereof We have hereunto subscribed our Names.
The SignersG. Washington-Presid. and deputy from Virginia
Ratification• The Constitution was adopted by a convention of the
States on September 17, 1787– Ratified by the state on the following dates:
• Delaware – December 7, 1787• Pennsylvania – December 12, 1787• New Jersey – December 18, 1787• Georgia – January 2, 1788• Connecticut – January 9, 1788• Massachusetts – February 6, 1788• Maryland – April 28, 1788• South Carolina – May 23, 1788• New Hampshire – June 21, 1788
– Ratification was complete on June 21, 1788– Subsequently ratified by:
• Virginia – June 25, 1788• New York – July 26, 1788• North Carolina – November 21, 1789• Rhode Island – May 29, 1780• Vermont – January 10, 1791
Article Seven--Ratification
Section One— Convention—calling of delegates from each state to ratify the Constitution Must have nine states to approve the Constitution
The Ratification Process
CLOSURE
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