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The U.S. Constitution

Chapter 77th Grade Social Studies

Goals and Principles of the Constitution (1)

Parts of the Constitution

• 1st section=preamble• 2nd section=articles and

amendments

Pt. 1—Goals in the Preamble• The preamble is the opening

statement to the Constitution• “form a more perfect union”—unified

country• “establish justice”—unified system to

settle legal matters• “insure domestic tranquility”—keep

peace and order at home

Pt. 1—Goals in the Preamble• “promote the general welfare”—ensure

the well-being of all citizens• “secure the blessings of liberty”—

guarantees freedom to all people• “provide for the common defense”—

protect the citizens

Pt. 2—Articles and Amendments• Main body includes the articles• Articles outline our government

– Article I: legislative branch– Article II: executive branch– Article III: judicial branch– Article IV: state relationships– Article V: process to amend constitution– Article VI: national supremacy– Article VII: procedure for ratification

Constitutional PrinciplesPopular Sovereignty• Govt. gets authority

from the people, not God

• People should have the right to alter or get rid of govt.

Limited Government• Wanted to avoid

excessive power• Govt. has only the

powers as outlined in Constitution

Constitutional PrinciplesSeparation of Powers• Divided powers

amongst three branches

Checks and Balances• Guards against

abuse of power• Each branch can

limit the power of the other two

Constitutional Principles• Federalism—division of

power between states and feds.– Powers not given to

feds. belong to states (10th amendment)

• Republicanism—citizens elect representatives to rule– Vote according to own

judgment, while still listening to the people

• Individual Rights—Const. must protect these (freedom of speech, religion, right to trial, etc…)

How the Federal Government Works (2)

3 Main Branches

• Legislative—Congress (Article I)

• Executive—President (Article II)

• Judicial—Supreme Court (Article III)

Legislative Branch—The House • House of Representatives & Senate• House of Representatives

– # of reps. based on state population– Each state has at least one

• California has the most (53)• AK, MT, WY, ND, SD, DE, VT have 1

– 435 total representatives– Elected every two years

Legislative Branch—The Senate• Two per state, totaling 100 senators• Elected every six years

– Originally elected by state legislature– 17th amendment—direct election (1913;

corruption)• President of the Senate is the vice

president (tiebreaking vote)• If VP is absent, the president pro

tempore replaces him

Congressional Representation Map

Number of Congressional Districts Per State

Illinois Congressional Districts

Our Congressional District #17

Powers of Congress• Congress makes laws• Laws start as bills• Any appropriations bill (designed to raise $$ for

govt.) must start in the House• Other powers

– Levy taxes– Borrow $$– Coin $$– Establish post offices– Declare war

How a Bill becomes

a Law

1. The Proposal• The bill is proposed by a member of

Congress• May start in either the House or the Senate

(This example will start in the House)• Remember—ALL revenue bills must start

in the House• The bill is numbered and sent to the proper

committee by the Speaker (HR1948 or S2007)

2. The CommitteeThe committee studies the bill,

holds public hearings, and must make a choice!Ignore the bill"Kill the bill (vote it down)#Approve it without changes$Approve it with changes%Completely re-write the bill

3. Debate and Final Vote• The approved bill is returned to the

House for consideration by all• Bill is placed on the House calendar

and rules for debate are approved• On the assigned date, debate takes

place and a vote is taken• If the bill is voted down it is DEAD• If approved, it is sent to the Senate

4. Committee Process Repeated• Senate receives the bill and it is

assigned to committee• Senate committee follows the same

process as the House committee• Senate committee can take the same

actions as the House committee• If committee approves the bill, it is

returned to Senate for consideration

5. Debate and Final Vote (again)• Bill is placed on the Senate calendar and

rules for debate are approved• On the assigned date, debate takes place

and a vote is taken• If bill is voted down, it is DEAD• If approved in the EXACT same form as

the House, it is forwarded to the President• If there are ANY differences it is sent to a

Conference Committee

6. Conference Committee• Most bills are sent to a conference

committee• Conference committees must have an equal

number of Senators and Representatives• They work out the differences• They must send the bill back to each house

for final approval• The resulting bill is sent to the President for

his approval

7. The PresidentThe President has 10 days to decide what to

doThe President has four options to choose from:

! Sign the bill ---- It becomes a LAW"Veto the bill ---- It is sent back to the

house in which it began# President does nothing, Congress still in

session ---- It becomes a LAW without the President’s signature

$President does nothing, Congress not in session ---- Pocket Veto ---- The bill is dead

8. The VETO• President sends bill back to where it

started with written objections to the bill• If that house can pass the bill again by

a 2/3 vote – they send it to the other house

• If the second house passes it with a 2/3 vote the bill becomes a LAW

• This is called an OVERRIDE of the President’s veto

Congress & the States• Full Faith and Credit Clause

–Every state must accept the judgments of other states• Criminals must be return to state of their crimes

• Divorce• Driver’s Licenses

Congress & the States• Must treat citizens of others the same

way it treats it own citizens• Must guarantee a republican form of

government• U.S. government must protect states

from invasion• U.S. government must help put down

domestic violence upon request of the state

States Cannot…• Coin money• Make treaties• Grant titles of nobility• Pass ex post facto laws

– Latin for “after the fact”– Cannot pass a law and be punished for a crime that

wasn’t illegal at the time it occurred– Example: If I didn’t wear my seatbelt yesterday, and

Congress passes a law about it tomorrow, I cannot be punished for not wearing it the day before.

U.S. Capitol Building

The Executive Branch• Leaders are the President and Vice

President• Job of branch is to enforce laws and run

everyday affairs of govt.• Only the President and VP are nationally

elected• Assume office on January 20 following

their election

SealsPresidential Seal Vice Presidential Seal

Requirements!Must be at least 35 years old"Must be a native born citizen (That is, must be a citizen from birth)#Must live within the United States for

at least 14 years$President and Vice President cannot

be from the same state

• The President is limited to 2 terms (22nd amendment)

• President - $400,000 PLUS an expense account

• Vice President - $231,900 plus expenses (as of March 2013)

• If President dies or resigns, VP becomes the President

• President appoints a new Vice President when there is a vacancy (25th Amendment)

• Must be approved by both houses of Congress

Presidential Succession• Vice President • Speaker of the House • President pro tempore • Cabinet, starting with the

Secretary of State

Presidential Responsibilities• President makes treaties with foreign

nations• Appoints ambassadors• Is responsible for setting foreign policy• Is assisted by the Secretary of State

Domestic & Military Policy

• Sets domestic policy• Prepares the national budget• Budget must be approved by Congress• Commander-in-Chief of the Armed

Forces• Can take command of the state militia,

the National Guard

Legislation• President may call both house of Congress

into special session• May recommend bills to Congress• May veto bills passed by Congress • Each year the President must report to the

Congress on the “State of the Union”– Can be a written or an oral report

• President is the leader of his/her political party

AppointmentPresident appoints a great number of

government officers& judges&cabinet members&ambassadors&assorted advisors&agency heads (FBI) (CIA) (FAA)Must be approved by Senate w/ majority

vote

Judicial FunctionsThe President has 3 important judicial

powersThe President may grant:! Pardons (cancel)" Reprieves (delay)# Commutations (reduce)!NO LIMITS --The President’s decision

is final, it can not be overridden

Electoral College'Electoral vote is house members +

senators'The 23rd Amendment gave Washington,

D.C. the same electoral vote as the smallest state

Electoral College(There are 435 Representatives(There are 100 Senators(Electoral Votes = 535(Washington, D.C. gets 3 electoral votes(Total Electoral Vote = 538(Necessary for election = 270

Impeachment Process• President must break a law• The House brings the charges• The Senate conducts a trial• 2/3 of the Senate must vote to convict • If convicted, the prez. must leave office• 2 have been impeached by the House—

Andrew Johnson and Bill Clinton

The White House

Judicial Branch• The Judicial Branch

has 3 levels of courts–Supreme Court–Court of Appeals–District Court

Type to enter text

)1 court, 9 judges

)13 courts, 3 judges

)94 courts, 1 judge

Judicial Branch• ALL judges at ALL levels of U.S. Courts are

appointed by the President • Senate must approve/reject the President’s

choices by majority vote• ALL judges serve for life—why?

The Judicial Branch• Led by the Supreme Court• Primary power= judicial review

– Determines if laws are constitutional (legal)• Evolved over time—Const. doesn’t state

number of judges• Judges known as justices—currently 9• The “main justice” is known as the Chief

Justices…8 other associate justices• Salaries= $213,900 and $223,500 for Chief

Justice

Supreme Court• Supreme Court is the “court of last resort”• NO appeal from their decisions• Guilt or innocence cannot be appealed• Will never overrule a jury’s decision• Disputes between Congress and Prez. can

be taken directly to the Supreme Court

Court of Appeals• Listens to appeals from District Courts• Each Appeals courtroom has 3 judges• 13 total Appeals Courts• Relieves pressure on Supreme Court• Make decisions by majority vote• NO cases start at this level

District Courts• There are 94 U.S. District Courts• Each District Court courtroom has 1 judge• District Courts are the trial courts of the judicial

branch• Almost ALL court cases begin in the District

Courts

Changing the Constitution (3)

Amendments)Two part process)Proposal and Ratification)Proposal

! 2/3 vote in both houses of Congress )OR"Legislatures of 2/3 of the states call for a

convention to consider amendments (34)—never used

Amendments

)Ratification! Approved by 3/4 of state legislatures

(38))OR"Approved by special conventions in 3/4

of states (38)

Rights—Mine & Yours

• Your rights and mine are different• ALL rights have LIMITS—your rights

stop when another person’s begin

1st Amendment**(Freedom of Religion(Freedom of Speech(Freedom of the Press(Right to Assemble Peaceably(Right to Petition

2nd 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.”

3rd Amendment

( No quartering of soldiers in private

homes.

4th Amendment

( No unreasonable search or seizure

( Search warrant required

5th Amendment**(Grand Jury indictment(No Double Jeopardy(No self-incrimination— “plead the

5th”(Due process required(No confiscation of property

without just compensation

6th Amendment**(Speedy, public trial(Impartial jury(Tried in state where crime was

committed(Informed of charges(Confront witnesses(Summons/Subpoena(Attorney

7th Amendment( Right to a trial by

jury

8th Amendment(No excessive bail(No excessive fines(No cruel or unusual punishment

9th Amendment( The people retain any

rights not listed in the Constitution.

10th Amendment( Powers not given to the

U.S. govt. are retained by the states or the people.

11th Amendment (1795)

( Individuals can not sue a state in federal courts.

12th Amendment (1804)

(Changed the election procedure for President and Vice President

(Requires separate ballots in the Electoral College for President and Vice President

13th Amendment** (1865)

(Abolished Slavery

14th Amendment** (1868)

(All persons born/naturalized in United States are citizens

(Laws can not take away a person’s rights

(Guarantees equal protection of the laws

15th Amendment** (1870)

(Citizens can not be deprived of the right to vote on

account of race, color, creed, or previous condition of

servitude.

16th Amendment** (1913)

(Established the Income Tax

17th Amendment** (1913)

(Provided for the direct election of United States Senators

(Allows the governor to appoint someone to fill vacancies until the next election

18th Amendment** (1919)

( Prohibition of Alcoholic Beverages

19th Amendment** (1920)

*Women gain the right to Vote

20th Amendment (1933)

(Moved presidential inauguration from March 4th to January 20th

(Moved first meeting of Congress to January 3rd each year

21st Amendment** (1933)

(Repealed the 18th Amendment

(Ended Prohibition

22nd Amendment** (1951)

( Limited the President to two terms in office.

23rd Amendment (1961)

( Gave the citizens of Washington, D.C. the right

to vote in presidential elections.

(3 electoral votes)

24th Amendment (1964)

( Abolished the poll tax

25th Amendment** (1967)

(Allows the President to fill vacancies in the vice presidency by appointment

(Appointments must be approved by the Congress

(Deals with the problem of presidential disability

26th Amendment** (1971)

( Lowered the voting age to 18

nationwide.

27th Amendment (1992)

( Members of Congress can not receive a pay raise until they have been re-elected