the united states constitution. a. the declaration of independence what was it? propaganda designed...
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A.A. The Declaration of IndependenceThe Declaration of Independence
What was it? What was it? Propaganda designed to gain support of Propaganda designed to gain support of Europeans (French) and Loyalists Europeans (French) and Loyalists
Who wrote it? Who wrote it? A committee headed by Thomas JeffersonA committee headed by Thomas Jefferson
When: When: 17761776
Why: Why: The Revolutionaries needed more supportThe Revolutionaries needed more support
What it Says:What it Says:
1. Parts - 1. Parts - Philosophy and List of GrievancesPhilosophy and List of Grievances
2. Basic Principles – 2. Basic Principles – Social Contract Theory –Social Contract Theory –
Government is created to serve the Government is created to serve the needs of the people. needs of the people. First formulated by John LockeFirst formulated by John Locke
B. The Articles of ConfederationB. The Articles of ConfederationB. The Articles of ConfederationB. The Articles of Confederation
What was it: First American government
Who wrote it: The Second Continental Congress
When: 1777
Why: Rule by law rather than individuals
Problems with the Articles of Confederation:
1. Unable to collect taxes
2. Unable to regulate interstate trade
3. No Executive to enforce laws
4. No Judiciary to interpret laws
5. 9/13 states needed to pass laws and all needed to Amend the Articles
Could - make peace, appoint officers, and run the post office.
Articles of Confederation1781“League of
Friendship”Each state
independent13 members to
CongressCould make peaceCoin MoneyAppoint Army officersPost officeJohn Hancock -
President
Then came – Shay’s RebellionEx-soldiers and
officers prevented courts from session in Massachusetts.
Continental Congress has no money or troops
Whoops – no state militia either
Raised funds and hired individuals to break up the rebellion
What it was: What it was: Committee that wrote the ConstitutionCommittee that wrote the Constitution
Who was there: Who was there: Delegates from the statesDelegates from the states
When: When: 1787 in Philadelphia, Pennsylvania 1787 in Philadelphia, Pennsylvania
Why they met: Why they met: To revise theTo revise the Articles of ConfederationArticles of Confederation
Who wasn’t there?Who wasn’t there?
The Philadelphia ConventionThe Philadelphia Convention
Basic Principles of the Constitution
Popular SovereigntyBy ConsentLimited GovernmentSeparation of PowersChecks and BalancesFederalism
Basic Principles of the ConstitutionSupreme law of the Land – Constitution takes precedence over state and
Congressional laws
Popular Sovereignty – the power of the government comes from the people. Government can exist only with the consent of the people.
Limited government - government is restricted in what it may do. Each individual has rights that the government may not take away.
Separation of Powers- Power divided equally among the three branches of government
Checks and balances – system of overlapping powers to allow the branches to check on the actions of others.
Federalism – a form of government with a written constitution divides the power between a central government and several local governments – i.e. state and local.
Republic –the people elect representatives to make decisions for them
Federal System – Separation of powers between different levels of government
Delegated Powers – powers directly granted to federal government
Reserved Powers – powers retained for the states
Concurrent Powers – powers shared at state and federal level
Enumerated Powers – powers that are listed in the constitution
The PlansVirginia PlanGovernor Randolph
and MadisonStrong National
government3 BranchesTwo Houses – one
chosen by people and one by the other house
State laws could be vetoed by National Government
Representation based on population – benefit to the larger states.
The New Jersey PlanWilliam Patterson Amend the articles
not replace themGave some
additional powers to the national government but kept one vote per state.
Favored the smaller states
Great CompromiseBi cameral LegislatureThe Connecticut Plan
Vote 5-4 with two not voting and two absent
65 member House – by populationSenate – two members each state (chosen
by state legislatures)Electoral College4 year term – no bar on number of termsSupreme Court nominated by President and
confirmed by Senate
Anti-Federalists vs FederalistsAnti-Feared to much
power to the elite
-Failed to Protect Freedoms
-State powers over Central government
Federalists- Federalist Papers- representative
form of democracy over direct
- divided among levels of government
- promised to add bill of rights
Madison – Protection against the Tyranny of the MajorityMadison is the
Father of the Constitution
He had some hesistation about strong national government
Protections placed in the constitutionSeparation of PowersChecks and Balances Only the House was
directly elected
Structure of the Constitution Preamble7 ArticlesI Legislative BranchII Executive BranchIII Judicial BranchIV Relations among the StatesV Procedures for AmendmentsVI Debts. Supremacy of National Law, Oaths,VII Ratification of the Constitution
AmendmentsBill of Rights – 1st 10 Amendments27 Amendments
Amendments to the Constitution Amendments 1-10 are the Bill of Rights, which include:
1st – Freedom of religion, speech, press, assembly and petition4th – Protection from unreasonable search and seizure5th – Due Process of Law – right to a fair trial, no double
jeopardy, not to self-incriminate 6th – Speedy and Fair Trial – to have a Jury trial, to know your
accuser, to know the charges against you, to have a defense attorney
8th – No Cruel and Unusual Punishment1oth – Undelegated powers reserved to the states and the
people13th – 15th – Civil War Amendments16th – 19th – Progressive Amendments21st – Prohibition Repealed22nd – No Third Term23rd – District of Columbia can vote in Presidential elections25th – Presidential Succession and Disability26th – Voting Age 18 (1971)
Article IArticle ILegislative BranchLegislative Branch
1.1. Function: - Make the LawsFunction: - Make the Laws2.2. Congressional Joint PowersCongressional Joint Powers
a. Levy and collect taxesa. Levy and collect taxesb. Raise and maintain militaryb. Raise and maintain militaryc. Grant statehoodc. Grant statehoodd.Control national landsd.Control national landse. Regulate interstate tradee. Regulate interstate tradef. Naturalize citizensf. Naturalize citizensg. Declare warg. Declare warh. Control making of currencyh. Control making of currency
SenateSenate
Qualifications for Qualifications for SenatorsSenators
30 years old30 years oldU.S. citizen for 9 yearsU.S. citizen for 9 yearsresident of state resident of state
electedelected
Election by the People Election by the People 6 year term6 year term 2 Members per State 2 Members per State Powers reserved for Powers reserved for
SenateSenateconfirm Presidential confirm Presidential appointmentsappointmentsapprove/reject treatiesapprove/reject treaties Jury for impeachment Jury for impeachment
trialtrial
House of RepresentativesElected by the People2 Year Term Based on Population (435)Powers reserved for the
HouseTaxesBegins impeachmentElects President if Electoral
College fails to do soQualifications
25 years oldU.S. Citizen for 7 yearsResident of the state
elected
Grants Congress the power to make laws “necessary and proper” to run the government
Elastic Clause
Article 1 section section 8 states 18 enumerated powers but the most powerful is the Elastic Clause.
Article IIArticle IIExecutiveExecutive BranchBranch
1.1. Function – Execute the LawsFunction – Execute the Laws2.2. Members:Members:
a.a.PresidentPresident1. Qualifications1. Qualifications
a. 35 years olda. 35 years oldb. Natural-born citizenb. Natural-born citizenc. U.S. resident for 14 yearsc. U.S. resident for 14 years
2. Method of Selection – Electoral 2. Method of Selection – Electoral CollegeCollege3. Term of Office – 4 years- maximum 3. Term of Office – 4 years- maximum of 2 termsof 2 terms
Powers of the President:Powers of the President:
a. Execute laws passed by Congressa. Execute laws passed by Congress
b. Make treaties with advice and consent b. Make treaties with advice and consent of the Senateof the Senate
c. Appoint ambassadors and federal judgesc. Appoint ambassadors and federal judges
d. Suggest measures to Congressd. Suggest measures to Congress
e. Veto lawse. Veto laws
f. Commander-in-Chief of armed forcesf. Commander-in-Chief of armed forces
g.Head of State and Chief Executiveg.Head of State and Chief Executive
h. Pardon and reprieveh. Pardon and reprieve
i. Call special sessions of Congressi. Call special sessions of Congress
Vice PresidentVice President1. Qualifications1. Qualifications
a. 35 years olda. 35 years oldb. Natural-born citizenb. Natural-born citizenc. U.S. resident for 14 c. U.S. resident for 14
yearsyears2. Method of Selection – Electoral 2. Method of Selection – Electoral CollegeCollege3. Term of Office – 4 years- 3. Term of Office – 4 years- maximum of 2 termsmaximum of 2 terms
Duties Duties 1. Head of the Senate – votes in 1. Head of the Senate – votes in case of a tiecase of a tie2. Duties as determined by the 2. Duties as determined by the PresidentPresident
Article IIIJudicial Branch
1.1. Function – Interpret LawsFunction – Interpret Laws2.2. Members – Members –
a. a. Method of Selection – Presidential Method of Selection – Presidential AppointmentAppointment
b. b. Term of office – Life (or Retirement)Term of office – Life (or Retirement)
3.3. Powers – Powers – a. try cases based on the breaking of lawa. try cases based on the breaking of lawb. interpret meaning of lawsb. interpret meaning of laws
4.4. StructureStructurea.a. District Court –District Court – Starting point of most casesStarting point of most casesb.b. Appellate Court – 3 Justice panel – appeals Appellate Court – 3 Justice panel – appeals
onlyonlyc.c. Supreme Court – Original and Appellate Supreme Court – Original and Appellate
jurisdiction – jurisdiction – Highest Court Highest Court in in the Landthe Land
Court Decisions
“The Constitution is what the Supreme Court SAYS it is!”
Necessary and Proper clause, Judicial Review, and interpreting the Constitution
Checks and BalancesExecutive
J udicial Legislative
Appoi
nts Ju
stices
Can Veto B
ills
Calls Special sessions
of CongressCan O
verride Veto by 2/3 M
ajority
Can Impeach and Try
President
Senate approves Treaties
and Presidential
appointments
Can Declare Laws UnconstitutionalSenate Approves
appointments to Judicial Branch
Article VAmending the Constitution
To Propose an Amendment: 2/3 Vote in Both Houses of Congress…National Convention Called by Congress
when Requested by 2/3 of the State Legislatures (never been done)
…Amending the Constitution
To Ratify an Amendment:3/4 of State Legislatures (38 today)
…
3/4 of State Ratifying Conventions (done once for the 21st amendment)
“ Informal Amendment”TJ said that each generation should have their own constitution….The constitution is a living document.Precedent and CustomElastic Clause Court interpretation of the LawJudicial review
More Terms to know and where are they found in the constitutionAnti Federalists view of the constitutionShay’s RebellionFull Faith and Credit Clause Necessary and Proper ClauseBill of attainderEx Post Facto LawWrit of Habeas CorpusNecessary and Proper Clause
The Illinois ConstitutionWritten in 1970, it is patterned after the U.S. Constitution
Part One: BranchesA. Executive Branch
1. Function: Execute the Laws
2. Membersa. Governor – Chief Executive
b. Lieutenant Governor – Assists the Governor
c. Treasurer – Controls money spent by the state
d. Comptroller – Controls money coming into the statee. Attorney General – Chief legal officer for the statef. Secretary of State – Controls all legal record for the state
Illinois Legislative Branch – General Assembly
1. Function: Create the Laws
2. Members
a. House of Representatives1. Term of Office: 2 Years
2. Number of Members 2 per district – 118 total
b. Senate1. Term of Office: 4 years
2. Number of Members: 1 per district – 59 total
Judicial Branch1. Structure
a. Circuit Court – Original jurisdiction – Divided into different courts for different functions
b. Appellate Court – Hears appeals – 3 judge panel
c. Supreme Court – 7 judge panel – serve for 10 years
2. Method of Selection: Election (different from Federal)
3. Term of Office: 4 years
U.S. vs. Illinois ConstitutionSimilarities
Three branches of government with a separation of powers
Structure – Preamble, Articles, Bill of Rights and Amendments Bicameral legislature System of Checks and Balances
Differences IL elects judges and Cabinet Different terms for senators; different legislative names Voters in IL must approve an amendment No term limit on governor in Illinois
Voting ProceduresAt least 18 years oldCan only vote in your home precinctIf you cannot be in your polling place on election day, you can
request an absentee ballot in advanceIf you do not vote for over 4 years, your registration is
cancelledWe use an Australian ballot, which lists all of the candidates
for an office on the same ballot
United States FlagThe U.S flag should be flown above the flags of states and
cities. It should be flown at the same level as other nations’ flags.
Flag symbols – 50 stars to represent the 50 states and 13 states to represent the original 13 states.