Transcript United States Constitution

A Guide to Teaching the United
States Constitution
This project was funded by a Robert
H. Michel grant in conjunction with
the Dirksen Congressional Center
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
The Preamble—The Introduction
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)
Constitution
• How the Constitution
is divided:
1. Articles—the
major divisions
2. Sections--divisions of an article
3. Clauses--divisions of a section
Article I---Legislative Branch
• Section One—What is a Congress?
1. Bicameral Legislature---There are two
houses, a Senate and House of
Representatives.
• Section Two---House of Representatives
1. Clause One
 A Representative serves a two year
term
2. Clause Two---What are the Qualifications for a
member of the U.S. House of Representatives?
•25 years old
•7 year citizen of the United States
•Resident of the state one is elected in
3. Clause Three--Who determines the amount of
Representatives each state will receive?
(Congress)
Why does California have more members in the
House of Representatives than Minnesota?
(Discuss the Great Compromise)
What if half of California’s population moved
to Minnesota?
 Reapportionment---Creating new districts
every ten years to adjust for population changes
Reapportionment---How it Works
1. Take a census every ten years
2. Congress totals the number of
Reps. each state will get (that
total must equal 435)
3. Congress will notify the state
legislatures of any changes
4. State legislatures will determine
new district boundaries
5. New districts will allow for new
elections for the House of Reps
Clause Three continued
 Gerrymandering--Redrawing district lines to
favor a political party
 One man – one vote (each district has to have
about the same number of people)
 Seven states with one U.S. Representative: (North
Dakota, Montana, Wyoming, Vermont, Alaska,
Delaware, South Dakota)
4. Clause Four-- What happens if a Representative dies in
office?
 Usually a governor will issue an election to fill the
vacancy
5. Clause Five---Where does the impeachment process start?
 The House of Reps. will start the impeachment process
 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
House Officers - 108th Congress
Speaker of the House (R- John A. Boehner) Controls the discussion of the floor
Majority Leader (R- Eric Cantor) - Helps the
speaker & leads his party
Majority Whip - Helps majority leader
Minority Leader - Serves as a watchdog over the
majority party
Minority Whip -Helps minority leader
Section Three---The Senate
1. Clause One - How is a Senator different from a
member of the House of Representatives?





Senators term is 6 years
1 voter per Senator
2 Senators per state (all states get the same amount)
Originally Senators were chosen by state legislatures
Today chosen by direct election (17th Amendment)
2. Clause Two--Is it possible for both Senators from one state to
be up for re-election at the same time? (No)
All of the members from the first Senate did not get a 6 year
term.
The founding fathers wanted the Senate to have experienced
members so they created a staggered election.
 First class = 2 year term
 Second class = 4 year term
 Third class = 6 year term
 Never will the Senators term from one state be up for reelection at the same time
3. Clause Three - What are the qualifications for a
Senator?
 30 years old
 9 year citizen of the United States
 Be a resident of the state you are elected from
4. Clause Four—
 The Vice-President (Joseph Biden Jr.- D) of the U.S.
is the President of the Senate (very little power and
seldom is seen on the Senate Floor )
 President of the Senate (Joseph Biden Jr.) only votes
if there is a tie
5. Clause Five -Officers of the Senate - 113th Congress
 President of the Pro Tempore (Patrick Leahy) - presides
temporarily when vice-president is not available (very
little power)
 Majority Leader (Harry Reid) - controls the agenda of
the majority party
 Majority Whip () - helps the majority leader
 Minority Leader () - A watchdog function over the
majority party
 Minority Whip () - helps the minority leader
6. Trial of Impeachments - Does the Senate actually serve
as the Jury in impeachment proceedings? (Yes)
 Senate tries impeachments (acts as a jury)
 House of Reps. introduces the Articles of
Impeachment
 House needs a majority (218) vote to bring up
charges
 Senate needs 2/3s majority (67) to convict
7. Clause Seven—What happens if someone is impeached?
 A guilty conviction on the Articles of Impeachment is
removal from office
 A U.S. President cannot be pardoned if found guilty by
2/3s of the Senate (part of the checks and balance system)
Section Four - When Does
Congress Meet in Washington,
D.C.?
1. Clause one - When are the
national elections held?
 At one time federal elections were
not uniform. Some states held them
on different days and months.
National Election Day was set by
Congress (1st Tuesday after the first
Monday of November)
2. Clause Two - So When does Congress Meet?
 Must meet one time a year (Why?)
 1933—20th Amendment established January 3rd as the
meeting date (a two year working period)
Section Five—Rules of
Procedures
1.
Clause One - Can an elected official be removed from
office? (Yes)
 Each House determines the qualifications of their
members
 Brigham Roberts—1901, polygamist from Utah,
The Senate refused to seat him
 Victor Berger—1919, Socialist from Wisconsin,
The House refused to seat him
 Adam Powell—1967, African-American who
allegedly misappropriated federal funds
The House refused to seat him
Powell v McCormack(1969) - SC allowed Powell his
seat in the House of Representatives
2. Clause Two—Does the House and the Senate following the
same proceedings and rules? (No)
 House of Reps and the Senate have different rules
 Filibuster—Delaying a bill through the use of discussion
 Senate has Filibusters, House is more stringent on how they
control debate so they do not
 Strom Thurmond—longest filibuster, 24 hours 18 minutes
 Cloture rule—rule in the Senate that will end a filibuster if
60 Senators agree to vote for the closing of debate
 Censure—punishing a member of Congress, take away
some of their power or seniority
3. Clause Three - Can I get information about how a member of
Congress voted? (Yes)
 Congressional Journal—Published at the end of the
session, contains the bare facts about the session
 Congressional Record—Published daily, includes word
for word what people had to say
 Sunshine Law—All meetings must be open to the public
and all records about the session are open to the public as
well
4. Clause Four - Can the House and the Senate adjourn at different
times?
 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)
Section Six—Privileges and
Restrictions
1.
Clause One - What is the salary and benefits
for a member of Congress?




Compensation—members of Congress will be paid
($150,000 per year)
Congressional immunity-can’t be arrested for
minor crimes when traveling to or from Congress
(breach of peace, treason, felony, are not exempt
from this immunity)
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)
Franking—free mail service
Other Privileges
 Salary
 Travel expense account
 Office in D.C. and their state
 Special allowance for stationary, phone calls, faxes
 Pension
 Some tax exemptions
 15% of salary for speaking engagements
 Unlimited income from book royalties
2. Clause Two - Can a member of Congress also be a federal
judge? (No)
 Separation of Powers—can’t hold two offices at once
from different branches of government
Section 7
Method of Passing Bills
1. Clause One - Where do tax bills start?
All tax bills start in the House.
2. Clause Two - How does a bill become a law?
Procedures vary slightly in each house and all bills must go
through committee work before they get to the floor. Here is a
simple overview:
 First method—passes one house by majority vote, passes
second house by majority vote, goes to president, president
signs it into law
 Second method—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
 Third method-- 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)
3. Clause Three - Can the Congress express their opinion
without creating a formal law? (Yes)
Resolution—a formal expression of opinion or will
 Simple resolution—deals with the matters of one
house
 Concurrent—deals with both houses Joint—deals
with both houses and goes to the president for
approval
Section Eight
Powers Delegated to Congress
1.
Clause One - Why can Congress collect taxes?
 Congress can collect taxes for three purposes:
 Pay off debts
 Provide defense
 Provide for the common welfare
2. Clause Two - Can Congress Borrow Money?
 They can borrow money on the credit of the United
States (selling bonds is one example)
 Debt—Total amount of money that the government
owes ( currently over $6 trillion)
 Deficit—Yearly amount of money that the government
owes
3. Clause Three - Can Congress regulate trade?
 Interstate—Trade between two or more states
 Intrastate—Trade within a state
 Congress can only regulate interstate trade
4. Clause Four—Naturalization and Bankruptcy
 Natural born citizen—born in the United States
 Naturalized citizen—foreigner becoming a citizen by
following rules set by Congress
 Jus soli - “law of land” - if you are born here you are a
citizen
 Jus sanguinis - “law of blood”- if one of your parents is
an American citizen then you are as well
 A naturalized citizen can never be President of the U.S.
 Bankruptcy—courts declare bankruptcy
5. Clause Five - Can a bank make money? (No)
 Congress will make money
 Congress will set up our weights and measures
 1831—English system (foot-pound-mile)
 1866—if states wanted to, they could go on the metric
system
 We are the only large country not on the metric system
6. Clause Six  Congress will punish counterfeiters
 Minting edge - lip on penny and nickel
7. Clause Seven - Mail Service
 Federal government will establish a mail service
8. Clause Eight
 Congress promotes inventions
 Copyrights—Secures rights of ownership for the life of the
owner (publications and literature)
 Patents—Secures the rights of inventors generally for 20
years
9. Clause Nine
 Congress establishes and abolishes courts
10. Clause Ten
 Congress can punish for crimes committed on
the water
11. Clause Eleven
 Only Congress can declare war—power to many
people as opposed to one
 Marque and Reprisal—allowing pirates (Treaty of
Paris outlaws this)
 War Powers Resolution (1973) - Attempted to limit
presidential power of war
12. Clause Twelve
 Congress controls the power of the purse regarding the
military
 Can’t allow stock piling of money
13. Clause Thirteen
 Congress can maintain a navy
14. Clause Fourteen
 Congress establishes rules for the military
 Court martial - Court proceedings that
follow military laws
15. Clause Fifteen
 Congress governs state militias (National Guard)
 National guard can be deployed for three reasons:
 Execute laws of the union
 Suppress insurrections (riots)
 Repel invasions
16. Clause Sixteen
 Congress allows the states to appoint National Guard
officers and train their own soldiers
17. Clause Seventeen—Who controls the District of Columbia?
 Washington, in the District of Columbia, is a federal city
under the control of Congress
 Since 1973, people of the city elect their own officials
18. Clause Eighteen—Necessary and Proper Clause
 Congress has the power to establish any rules they
deem necessary and proper
 Elastic Clause—expands the powers of Congress
Section Nine—Powers Denied to
the Federal Government
1.
Clause One - What about the issues of slavery?
 Congress stopped the importation of slaves in 1808
 Use the word “such persons” as opposed to “slaves”
2. Clause Two - Can I be thrown in jail for having blue eyes?
(No)
 Habeas corpus - “you have the body” - You have the
right to test the legality of your detention - judge is not
concerned with guilt or innocence
 The writ can be suspended in times of rebellion,
invasion, or the public safety requires it (Abraham
Lincoln during Civil War)
3. Clause Three
 Congress cannot pass a bill of attainder (legislative act
against a named person)
Congress makes a law that says Mike Sims is a thief and
will serve 25 years in prison - This is Unconstitutional!!
 Congress cannot pass an ex post facto law (after the fact)
Betty Boone sells fireworks on July 4th - On July 10th,
Congress passes a law that makes it illegal to sell fireworks
and tries to punish Betty for what she did on July 4th
4. Clause four
 Congress cannot put a direct tax on an individual (16th
amendment overrides this)
5. Clause five
 Congress cannot tax an export
6. Clause Six
Import taxes must be the same at all ports.
7. Clause Seven
 Congress controls the federal budget
8. Clause Eight - Can I receive a title of Duke or
Earl of the U.S.?
 Titles of nobility will not be granted
 Any gifts from foreign countries must
approved by Congress
Section Ten
Powers Denied to the States
1.
Clause One - Can Minnesota create an alliance with
Canada? (No)
 States cannot form treaties or alliances with any
other states or countries
 States cannot coin money
2. Clause Two
 States can not tax imports or exports with the consent of
Congress
3. Clause Three
 States can not harbor troops in times of peace
 States can not engage in war
Article II—Executive Branch
Section One—President &
Vice President
1. Clause one—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)
 Grover Cleveland served 2 nonconsecutive terms
(22nd & 24th President of the United States)
2. Clause Two - 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
3. Clause Three—former method of electoral college
(changed by 12th Amendment)
 Thomas Jefferson and Aaron Burr each had the same
number of electoral votes (73)
 Tie would go to the House of Representatives and
each state gets one vote, still have to get a majority
Election of 1860
Popular Votes
Electoral
Lincoln
1, 866,352
180
Douglas
1,375,157
12
Breckenridge
847,953
72
Bell
589,581
39
Close Elections in History
Popular Votes
Electoral Votes
Hayes (1876)
4,033,950
185
Tilden (1876)
4, 284,855
184
Bush (2000)
50,456, 169
271
Gore (2000)
50, 996, 116
266
4. Clause 4 - When does the Electoral College vote?
 Official ballot for President is cast by the Electoral College
 Electoral College—cast votes on the first Monday after the
second Wednesday in December
5. Clause Five—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
6. Clause Six - Changed by the 25th Amendment
 The amendment provides for involuntary removal of the
President from his power.
7. Clause Seven - Can the Congress decrease the President’s
salary midway through the term? (No)
 Can not increase or decrease during the term
 Can not receive any other salary from the federal
government during the term
 Pays taxes on the income
 2001 - Salary doubled to $400,000/ year
8. Clause Eight - The Presidential Oath
 Any judge can swear a president into office, most
common is the Chief Justice of the Supreme Court
 Calvin Coolidge—Sworn in by his father - a Justice of
the Peace
 LBJ—sworn in on Air Force One by a Dallas judge
 “So help me God.”---Washington added this to Oath
Section Two
Powers of the President
1. Clause One—What are the Military Powers?
 President is the head of the military Commander in Chief
 President can grant pardons to criminals who
have committed federal crimes
2. Clause Two—Treaties and Appointments
 President needs approval by the U.S. Senate to
create certain and specific treaties and
appointments
3. Clause Three - What if an ambassador dies when the
Senate is in recess?
 The President can fill position temporarily
Section Three
What are the Duties of the
President?
State of the Union Address - The President explains
the condition of the country - usually in January
President can convene and adjourn Congress in the
event of a special circumstance
Main job is to see that the laws are faithfully
executed
Section Four--Impeachment
 President, Vice President, and all civil officers can
be impeached
 Can only be impeached for three things: treason,
bribery, or other high crimes and misdemeanors.
 Judges are civil officers that are the most often
convicted of impeachment
 Members of the Congress are expelled by their own
house, they do not go through the formal impeachment
process
Article III—Judicial Branch
Section One—Federal Courts
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
Who are the US Supreme Court
Justices?
• Click to find out!
Section Two—Jurisdiction of the
Federal Courts
1.
Clause One—Jurisdiction
 Jurisdiction—power and right to apply law
 Plaintiff—one who brings charges
 Defendant—one being charged
 Criminal case—when government is
plaintiff (California vs. O.J. Simpson)
 Civil case—between two or more people
(O. J. Simpson vs. Goldman family)
2. Clause Two - How does a case reach the Supreme Court?
 SC has two kinds of jurisdiction:
a. Original—a case is first heard by the SC
b. Appellate—cases that are appealed by a lower court
(Most cases come to the SC through appellate
jurisdiction)
 Thousands of cases are brought to the SC each year
 About 75 are heard each year
 Writ of Certiorari—an order from a higher court to a
lower court to see the records and proceedings of a
previous case
3. Clause Three—Conduct of Trials
 Guarantees a trial by jury in federal courts
 Extradition—returning a fugitive to the state in which the
crime was committed
Section Three--Treason
1.
Clause One - What is treason?
 Only 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
2. Clause Two - What is the penalty for treason?
 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
Section One—Official Acts
1.
Clause One - I live in Minnesota do I have to follow the
rules of North Dakota? (Yes - full faith and credit)
 Each state shall respect legal action of another state
(marriage licenses, speed limits, fines, drivers license)
Section Two—Privileges of
Citizens
1.
Clause One - Can I buy a lake home in
Minnesota if I live in Illinois? (Yes)
 State cannot discriminate against you
because you are a citizen of another state
2. Clause Two—Extradition
 Bringing back a fugitive (interstate rendition)
 “shall”—tradition, custom, and the courts have
interpreted this to mean “may”
 Governors can refuse to return a fugitive
3. Clause Three—Fugitive slaves (nonexistent) - Changed by
amendment after the Civil War.
 “persons” refer to slaves
 If a slave escapes from a slave state to a free state, the
slave is not free
Section Three—New States
1.
Clause One - How does a state become admitted to the
Union?
 Only Congress can admit states
2. Clause Two  Congress will make all laws for all U.S. territories
Section Four Guarantees of the State
 The federal government guarantees each state a
republic
Republic—Representative democracy where we elect
officials to represent our concerns
The government will protect us from invasions
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
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
Article Seven--Ratification
Section One—
 Convention—calling of delegates from each state to
ratify the Constitution
 Must have nine states to approve the Constitution
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