The Constitution of the United States

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The Constitution of the United States
We the people of the United States, in order to
form a more perfect union, establish justice,
insure sic the domestic tranquility sic,
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 Preamble)
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Preamble

• 1) Explains the purpose of the constitution
• 2) Power for constitution comes from the people
• 3) Government exists to maintain peace,
  provide defense, promote well-being, protect
  liberties
• 4) Power for const. is held in amm. art.

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Three Branches of Government
Judicial
Legislative
Each has equal power and checks and balances over
the other two.
Executive
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Legislative Branch Article
One (All of this will be covered in
detail in Unit 3 Leg Branch)
Legislative Powers (Section 1) House of
Representatives (Section 2) -Election --every
two years -Qualifications -Apportionment --var
ies according to state population -Vacancies -Im
peachment
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Legislative Branch Article One
Senate (Section 3) -Composition and
Term --Two/state --Six years -Classification
and Vacancies --1/3 of the Senate faces
election every two years
--Vacancies may be filled by the State
Governor -Qualifications -President of the
Senate -Impeachment
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Legislative Branch Article One
Bills (Section 7) -Revenuemust be initiated in
the HofR -How a bill becomes a law -Presidential
action --Approval (sign) --Disapproval
(veto) --Over-riding a veto
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Legislative Branch Article One
Enumerated powers (Section 8) -Lay and collect
taxes -Borrow and coin money -Regulate
commerce -Regulate naturalization -Declare war
and maintain an army -Make all laws necessary
and proper . . .

(this is the Elastic Clause that well get into
later)
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Legislative Branch Article
One
Denied Powers (Section 9) -Writ of Habeas Corpus
except during rebellion or invasion, when public
safety may require it --A person
may not be held without being charged
-Bills of attainder --An individual or
group of people cannot be declared
guilty of an act without a trial
-Ex Post Facto --A person may not be
charged with a crime if the act was not illegal
when committed
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Executive Branch
Article Two (All of this will be
covered in detail in Unit 2 Exec Branch)
Organization (Section 1) -Office of the
President -Electoral College
-Qualifications
Powers (Section 2) -Commander in Chief of the
military -Negotiate treaties -Appointment
(judges, ambassadors etc)
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Executive Branch Article Two
Duties (Section 3) -State of the Union
Address -Call special sessions of Congress
-Commission all officers of the United States
Impeachment (Section 4) -The Pres may be
impeached by the HofR for --treason,
bribery, or other high crimes and
misdemeanors
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Judicial Branch
Article Three (All of this will be
covered in detail in Unit 3 Jud Branch)
Courts and Terms (Section 1) -Supreme and
inferior courts -Judges appointed for life
(during good behavior)
Jurisdiction (the right of a court to hear a
case) (Section 2) -USSC Original
jurisdiction over ambassadors, public ministers
and states -USSC Appellate jurisdiction
over laws, treaties, admiralty (maritime), US
and foreign govts or citizens
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Judicial Branch Article Three
Treason (Section 3) -Defined levying war
against the US, adhering to US enemies giving
them aid and comfort -At least two witnesses or
confession in open court -Congress will decide
punishment (if convicted) BUT entire families
may NOT be punished for the actions of one member
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Relations Among the States Article Four
Full Faith and Credit (Section 1) -Each state
shall honor the acts, records and judicial
proceedings of the others
Privileges and Immunities (Section 2) -Citizens
of each state shall be entitled to all
privileges of any state -States have the right
to ask other states to extradite a suspect back
to the scene of the crime
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Relations Among the States Article Four
New States and Territories (Section 3)
-Congress decides how new states will be
admitted to the Union -States may not be
created from other states
Federal Lands -Congress makes laws
regarding federal land
National Govt protects States -From
invasion and domestic violence -By ensuring
a republican form of govt
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Provisions for Amendment Article Five
Two step process proposal and ratification
Proposal -2/3 vote of both houses of
Congress -National convention at the request
of 2/3 of the states (this method has never been
used)
Ratification -3/4 of state legislatures
-Special conventions in ¾ of the states (this
method has never been used)
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National Supremacy and Oath Article Six
Supremacy of National Law (Section 2) -US
Constitution and laws over-ride state
constitutions and laws (This is known as the
Supremacy Clause)
Oaths of Office (Section 3) -Senators,
Representatives, exec and jud officers of both
federal and state govts are bound by oath or
affirmation to support the Constitution -No
religious test shall ever be required to hold
office
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Ratification Article Seven
Nine of the thirteen states must ratify the
Constitution for it to be adopted Any state that
does not ratify it will not be part of the United
States of America
Delaware was the first, New Hampshire the ninth,
Rhode Island the thirteenth
A new Republic was bornbut like any birth, it
wasnt easy. The fight for the Bill of Rights
nearly tore the infant country apart.
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The Bill of Rights Amendments 1 - 10
First AmendmentPower to the People!!
Freedom of (or from) -religion

-speech
-press
-assembly -petition
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The Bill of Rights Amendments 1 - 10
2 3 deal with the military
Second Amendment A well-regulated militia being
necessary to the security of a free state, the
right of the people to keep and bear arms shall
not be infringed.
Third Amendment -No quartering of troopsthis
means you dont have to give up your sofa to a
soldier who will eat you out of house and home!
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The Bill of Rights Amendments 1 - 10
4 8 Protect us from the Cops and Courts
Fourth Amendment
-No search and
seizure without probable cause
Fifth Amendment -Due process

-Eminent Domain
--You cant be held without being indicted
--You cant be tried twice
for the same offense --You
dont have to testify against yourself or your
spouse --You cant be jailed without being
convicted
--The govt cant take your property without
providing just compensation
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The Bill of Rights Amendments 1 - 10
Sixth Amendment -Criminal Proceedings

--speedy trial by jury
--know the charges
against you
--question witnesses
--have legal
representation
Seventh Amendment -In civil cases, you have the
right to a trial
Eighth Amendment -No excessive bail

-No cruel and unusual
punishment
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The Bill of Rights Amendments 1 - 10
9 10 -- anything not already covered!!
Ninth Amendment -Your rights are not limited to
those already addressed within the
Constitution
Tenth Amendment -Any powers not delegated to the
national government, nor denied to government,
are reserved to the states, or to the people
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Amendments 11 - 27

• The remaining 17 amendments can be divided into
  four main categories
• --it makes them easier to remember

Activity Using your text, complete your
amendment chart by listing the correct amendments
in the proper block by describing IN YOUR OWN
WORDS what each one says.
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Reverse Supreme Court Decisions
11th Amendment (1789) -A state cannot be sued
by a citizen of another state or foreign country
in federal court 14th Amendment (1868)
-Defines US citizenship (gave blacks
citizenship) -States may not deprive citizens
of rights 16th Amendment (1913) -Provides for
a federal income tax
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Extend Popular Sovereignty
15th Amendment (1870) 19th Amendment
(1920) 23rd Amendment (1961) 24th Amendment
(1964) 26th Amendment (1971)
--Black (men) get the vote
--Women get the vote
--Residents of Washington, DC get electors and
can vote in presidential elections
--Eliminates poll taxes
--18 year olds get the vote
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Elected Officials
12th Amendment (1804) 17th Amendment
(1916) 20th Amendment (1933) 22nd Amendment
(1951) 25th Amendment (1967) 27th Amendment
(1992)
--electors cast separate ballots for Pres VP
(no longer a winner runner-up)
--provides for direct election of US Senators
--moved inauguration date from 4 Mar to 20 Jan
--presidential term limits
--presidential succession and incapacitation
--Congressional pay raises dont take effect
till after next election
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Changing Social Values
13th Amendment (1865) 18th Amendment
(1919) 21st Amendment (1933)
--abolished slavery
--prohibition
--repealed prohibition