Transcript The Constitution of the United States of America

The Constitution of the United
States of America
The 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 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.
Article I- Congress
• Sec. 2- Representative Qualifications
– Representative qualifications
• 25 years old
• Seven years living in the U.S.
• Inhabitant of state
• Serve 2 year period
– Each state gets at least one Representative
– Mandate Census taken every ten years
– 3/5 Clause under this section since slavery affects population
Article I- Congress
• Section 3- Senate Qualifications
– Each state receives two senators
– Senators chosen by state legislatures
• 1913 – 17th amendment
– 30 years of age, nine years in U.S., state resident
– Vice President is President of the Senate
– Serve six year term
• Impeachment
– House impeaches, Senate tries impeachments
Article I- Congress – 6th
finished
• Section 7- Passing laws
– Both House and Senate
must approve of bills to
become laws
– Revenue bills must
originate in House
– Vetoes
• Passing bills over
President’s veto
– 2/3 vote required
Article I- Congress
• Section 8- Congressional Powers
– Tax
– Borrow money, pay debt
– Interstate commerce
– Coin money
– Declare war
– Issue patents
Article I- Congress
• The Elastic Clause (Necessary & Proper Clause)
– Article I, Section 8, Clause 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 I- Congress
•
Section 9- Congressional
Prohibitions
–
–
–
–
Bill of Attainder – legislative act that
inflicts punishment without a court
trial
Ex Post Facto Law – law created
after the fact
No Nobility – no titles of nobility
Habeas Corpus cannot be
suspended
Article I- Congress
• Section 10- State Prohibitions
– States may not make treaties or alliances
– Cannot coin money
– Engage in war except for invasion
Article II- The Presidency
• President/ Vice President
• Term of Office
– 4 years, repeating
• Qualifications
– 35 years old
– 14 years resident of U.S.
– Natural born Citizen
Article II- The Presidency
• Electoral College
– Each state shall appoint, in such manner as
the Legislature thereof may direct, a number
of electors, equal to the whole number of
Senators and Representatives to which the
State may be entitled in the Congress
• Today- 538 electoral votes
– 270 needed to win
Article II- The Presidency
• Original Election Procedures
– Vice President was runner up
– Changed after the 1800 presidential election
– 12th Amendment – votes for President and VP
are cast separately
Article II- The Presidency
• Section 2- Presidential Powers
– Commander-in-Chief of military
– Commander of militia
– With Senate approval, the president can
•
•
•
•
Make treaties (2/3 approval)
Nominate ambassadors
Appoint all federal judges
Appoint all federal officers/ department heads
Article II – The Presidency
• Executive Orders
– The President can make binding decisions
• The role of the President is to make quick decisions when the nation
requires it (Congress too slow)
• These orders are limited by Congressional funding & popular opinion
• War
– Congress declares war, but sometimes we go to war without formal
declarations
– President is the C-in-C & the head of state, so this provides the
President with a great deal of say when it comes to military matters
– The President has the power to “repeal sudden attacks.” This has left
room for interpretation as to the powers of the President
– Again, the President cannot do much without the compliance of
Congress who controls the money
Article II- The Presidency
• Section 4- Impeachment
– The President, Vice President, and all civil
officers of the United States, shall be removed
from office on impeachment for, and
conviction of treason, bribery, and other high
crimes and misdemeanors
Article III- Judiciary
• Supreme Court
–
–
–
–
Numbers decided by Congress
President appoints justices
Serve for life
All cases related to the Constitution, laws of the land,
treaties, admiralty and maritime cases
– Judicial review? – Art. 3 “Judicial power extends to all
cases arising under the Constitution, the Laws of the
US and treaties…”
• Inferior Courts
– Congress establishes types of courts
– Today’s system
• Federal District Courts
• Federal Circuit Courts of Appeal
Supreme Court Justices - 2010
• John Roberts – Chief Justice –
GW Bush
• Antoine Scalia – Reagan
• Anthony Kennedy – GHW Bush
• Clarence Thomas – GHW Bush
• Ruth Bader Ginsburg – Clinton
• Stephen Breyer – Clinton
• Samuel Alito – GW Bush
• Sonia Sotomayor – Obama
• Elena Kagan - Obama
Article IV- State Relations
• Section 1- Full Faith and Credit
– Each state must respect the public records
and court decisions of every other state
• Section 2- Privileges and Immunities
– No state may discriminate against residents of
other states- they may not give privileges to
their own citizens that they don’t offer to other
states’ citizens
Article V- Amendments
• Two Proposal Methods
– 2/3 vote of both houses of Congress
– Convention called by Congress at request of
2/3 of State legislatures
• Two Ratification Methods
– ¾ vote of state legislatures
– ¾ vote of state conventions
Article VI- General Provisions
• Supremacy Clause
– Constitution is supreme law of land
– Federal law is superior to state law
– States may not violate the Constitution, an act
of Congress, a treaty, or other federal rules
Article VII- Ratification
• Nine states needed in order to effect
Checks and Balances
• http://www.usconstitution.net/consttop_cnb
.html
Federalism
• Constitution divides power between the federal
government and constituent provinces/states
• Reserved Powers are powers granted to one
level of government only
– Form a military, declare war is federal
– Public schools is a state level
• Concurrent powers are powers that both federal
and state governments possess
– Taxation, pass laws, courts, borrowing money