the united states constitution · •we the people of the united states, in order to form a more...

The United States

Constitution

U.S. Constitution

– Constitution Overview

– Article 1 – Legislative Branch

– Article 2 – Executive Branch

– Article 3 – Judicial Branch

– Article 4 – The States

– Article 5 – Amendments

– Article 6 – Debts, Supremacy, Oaths

– Article 7 – Ratification

What is a Constitution?

• Constitution – the

basic principles and

laws of a nation,

state, or social

group

What is a Constitution?

• The Constitution of the United States describes the powers and duties of the government and guarantees certain rights to the people

The U.S. Constitution

• The U.S. Constitution was written in 1787, ratified in 1788, and went into effect in 1789

• It is the oldest written constitution of any major government in the world


• The convention to draft the constitution was held in 1787 in Philadelphia, in what is now known as Independence Hall

• 12 of 13 states sent delegates to the Constitutional Convention

Independence Hall in Philadelphia

The U.S. Constitution • George Washington was unanimously

selected as president of the convention


• The U.S. Constitution replaced the Articles of Confederation, which had created a weak and ineffective central government

U.S. Constitution Overview

• With approximately 4,500 words, the U.S. Constitution is also the shortest written constitution of any major world government


• There are some misspellings in the Constitution, most notably “Pennsylvania” being misspelled in the list of signatories


• The U.S. Constitution is composed of a preamble and seven articles

• A preamble is an introductory statement


• Since the adoption of the Constitution, there have also been 27 amendments, or changes, made to it

• The first ten amendments were passed together and are known as the Bill of Rights


• Articles of the Constitution:

– Article 1 – Legislative Branch

– Article 2 – Executive Branch

– Article 3 – Judicial Branch

– Article 4 – The States

– Article 5 – Amendments

– Article 6 – Debts, Supremacy, Oaths

– Article 7 – Ratification

The Preamble • The preamble explains the purposes of the

Constitution

• It also defines the powers of the new government as originating from the people

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 defence, 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 One – The Legislative Branch

Article One, Section One

• Legislative powers will be vested in a Congress of the United States

• Congress shall be made up of two houses:

– The House of Representatives

– The Senate

Article One, Section Two

• All members of the House of Representatives are elected every two years

• Members of the House of Representatives must:

– Be at least 25 years old,

– Have lived in the U.S. for seven years

– Live in the state they are elected from


• The number of representatives a state gets is determined by its population

• Today, there are 435 members in the House of Representatives


• If there are vacancies in the House of Representatives, elections must be held

• Members of the House of Representatives choose their officers


• The House of Representatives can vote to impeach public officials (if an official is impeached, the impeachment trial takes place in the Senate)

• Impeach – to accuse a public official of misconduct

Andrew Johnson, one of two U.S. Presidents to have been impeached

Article One, Section Three

• Each state has two senators

• Initially, senators were chosen by state legislatures – The 17th amendment in

1913 changed this to make senators elected directly by the people

• Senators serve six-year terms

The United States Senate


• Since there are 50 states, there are 100 U.S. senators

• Not all senators are elected at the same time

• Approximately one-third of the senate is elected every two years



• Senators must:

– Be at least 30 years old

– Have lived in the United States for nine years

– Live in the state they are elected from



• The Vice President of the United States is the presiding officer of the Senate, but may only vote to break ties

• Other than the vice president, the Senate chooses its own officers Seal of the Vice President

of the United States


• If the House of Representatives votes to impeach an official, the Senate conducts the impeachment trial

• At least two-thirds of senators must vote guilty in order to convict an official

President Bill Clinton, one of two presidents to have been impeached


• The senate can only remove officials from office and bar them from holding future office

• Removed officials may still be subject to criminal trials

President Bill Clinton, one of two presidents to have been impeached

Impeached Officials

• Two presidents, Andrew Johnson and Bill Clinton, have been impeached, but neither was convicted

• Richard Nixon likely would have been impeached and convicted, but he resigned before this could happen

President Richard Nixon

Article One, Section Four

• Federal elections are conducted by individual states

• Congress shall assemble at least once per year

Article One, Section Five

• Both the House and the Senate can decide if their members are qualified to serve and if they have been elected properly


• In both houses, a quorum is necessary to do official business

• Quorum – the minimum number of members that must be present to make meetings valid

• To have a quorum in the House or Senate, over half of the members must be present


• Both the House and Senate can set their own rules and can also expel members with a two-thirds vote

• In the history of the U.S. Congress, 20 members have been expelled, almost all of which were Southern sympathizers during the American Civil War

John C. Breckinridge was a former vice president and senator from Kentucky when he was expelled from Congress for his support of the Confederacy


• Each house of Congress keeps an official journal of their proceedings

• Today, proceedings are also videotaped and deposited at the National Archives


• Neither house may adjourn for more than three days without the permission of the other house

• This was included to prevent one house from blocking proposed laws by refusing to meet

Article One, Section Six

• Senators and representatives shall be compensated for their services (although exactly how much is not specified)

Congressional Salaries Today

• Member of the House of Representatives or Senate – $174,000

• Majority and minority leaders – $193,400

• Speaker of the House of Representatives – $223,500


• Except for treason, felonies, or breaches of the peace, members of Congress cannot be arrested while in session

• This was intended to protect members of Congress from possible oppression from the executive branch/president


• A member of Congress may not hold office in another branch of government while they are serving in Congress

• Members of Congress may not accept any newly created offices or increases in salary that occurred during the term they were elected

President Obama had to resign his seat in the Senate when he was

elected president in 2008

Article One, Section Seven

• For a bill to become a law, it must be passed by both houses of Congress and signed by the president (or Congress must override presidential vetoes)

• Bill – a proposed law that has not yet been passed or enacted

• Veto – the right to reject bills passed by the legislature

President Obama signing a bill into law


• All tax bills must originate in the House of Representatives

• Once Congress passes a bill, the president has 10 days to sign it or veto it

• If the president does not sign or veto the bill after 10 days, it becomes law

President Obama signing a bill into law


• If the president vetoes a bill, Congress can override the veto with a two-thirds vote in both houses

• Any orders, resolutions, or votes passed by Congress must be passed in the same manner as bills

Article One, Section Eight

• Congress has the power to:

– Collect taxes

– Provide for the nation’s defense and welfare

– Borrow money


• Congress has the power to (continued): – Regulate commerce with

foreign nations and among the states

– Determine how immigrants can become citizens

– Pass uniform bankruptcy laws

New American citizens taking an oath of allegiance


• Congress has the power to (continued):

– Coin money and issue paper currency

– Set punishments for people who counterfeit money

– Establish post offices



– Grant copyrights and patents to authors and inventors

– Create courts inferior to the Supreme Court

– Punish piracy or other felonies committed at sea

The Illinois Supreme Court in Springfield, IL



– Declare war

– Raise an army

– Provide a navy

– Regulate the military



– Call forth militias to stop insurrections and invasions

– Govern the nation’s capital

– Make any laws necessary to carry out their powers

Article One, Section Nine

• Limits on Congress:

– The writ of habeas corpus cannot be suspended, except for cases of rebellion or invasion

– Habeas corpus requires the government to justify before a court the reasons for imprisoning someone

Abraham Lincoln controversially suspended the writ of habeas corpus

during the Civil War


• Limits on Congress (continued):

– No bill of attainder may be passed (a legislative act declaring a person or group guilty of a crime and punishing them)

– No ex post facto laws shall be passed (a law that declares an act illegal after it has been committed)



– Cannot tax exports

– Cannot favor one state over another when regulating trade

– Cannot spend money for unspecified purposes (the executive branch cannot spend money for purposes Congress has not specified)



– No titles of nobility can be granted

– No major gifts may be accepted

George III, King of Great Britain during the American

Revolution

Article One, Section Ten

• States may not:

– Sign treaties

– Coin money

– Pass bill of attainder or ex post facto laws

– Grant titles of nobility

Article One, Section Ten

• States may not (continued)

– Interfere with international trade

– Charge taxes for using ports

– Enter into agreements with each other, or with foreign governments

Article Two – The Executive Branch

Article Two, Section One

• The executive power is held by the President of the United States of America

• The president serves four year terms

Article Two, Section One • Presidents are elected by the electoral college

• The number of electoral votes each state receives is equal to the number of senators and representative the state has in Congress


• Originally, electors voted for two candidates

• Whoever had the most votes was elected president, and whoever had the second most votes was elected vice president

• In 1804, this procedure was changed by the 12th amendment so that the president and vice president run together

Thomas Jefferson


• Congress determines when presidential elections take place

• Today, presidential elections are held on the Tuesday after the first Monday in November


• To be president, you must:

– Be at least 35 years old

– Have lived in the U.S. for 14 years

– Be a natural born citizen (or a citizen at the time of the adoption of the Constitution)


• If the president dies, resigns, or becomes unable to carry out their duties as president, the vice president then becomes president

• It is up to Congress to determine who would be next in line for the presidency after the vice president William Henry Harrison, the first

U.S. President to die while in office

Presidential Line of Succession Today

• 1. Vice president • 2. Speaker of the House • 3. President pro tempore of

the Senate • 4. Secretary of State • 5. Secretary of the Treasury • 6. Secretary of defense • 7. Attorney General • 8. Secretary of the Interior • 9. Secretary of Commerce

Presidential Line of Succession Today

• 10. Secretary of Labor

• 11. Secretary of Health and Human Services

• 12. Secretary of Housing and Urban Development

• 13. Secretary of Transportation

• 14. Secretary of Energy

• 15. Secretary of Education

• 16. Secretary of Veterans Affairs

• 17. Secretary of Homeland Security

Presidential Succession

• Eight presidents have died in office: – William Henry Harrison (1841)

– Zachary Taylor (1850)

– Abraham Lincoln (1865)

– James Garfield (1881)

– William McKinley (1901)

– Warren G. Harding (1923)

– Franklin D. Roosevelt (1945)

– John F. Kennedy (1963)

• The line of succession has never gone past the vice president Franklin D. Roosevelt


• The president shall be compensated for his services

• How much is not specified

• The president’s salary can not increase or decrease while he is in office

• The president cannot accept any other pay

Presidential Salary

• Today, the president’s salary is $400,000 per year

• The president also receives:

– A $50,000 expense account

– A $100,000 travel account

– $19,000 for entertainment


• Presidents must take an oath of office

– “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.”

Article Two, Section Two

• Powers of the President:

– Commander in Chief of the military

– Can grant reprieves and pardons

President George W. Bush delivering a speech aboard the USS Abraham Lincoln

Article Two, Section Two

• Powers of the President (continued): – Can make treaties with

foreign countries, but two-thirds of the Senate must approve

– Can enter into “executive agreements” without Senate approval

– The president must have major judicial and executive position nominations approved by the Senate

Pictured are David Lloyd George of Great Britain, Vittorio Orlando of Italy, Georges

Clemenceau of France, and Woodrow Wilson of the U.S. in Versailles following

World War One

Article Two, Section Three

• Once per year, the president shall deliver a State of the Union message to Congress

• The president can also call Congress into session if needed

President Obama delivering a State of the Union Address in 2011

Article Two, Section Four

• The president, vice president, or other civil officers can be removed from office if impeached and convicted

President Richard Nixon, who resigned before he could be impeached

Article Three – The Judicial Branch

Article Three, Section One

• Judicial power in the United States is vested in one Supreme Court

• Courts inferior to the Supreme Court may be established

The nine Supreme Court justices in 2010

Article Three, Section One

• Supreme Court justices serve life terms

• Their salaries cannot be reduced while they are in office

The nine Supreme Court justices in 2010

Article Three, Section Two

• In order to make rulings, the court must have a litigant – a person or group who has suffered wrongdoing

Homer Plessy

Article Three, Section Two

• The Supreme Court has original jurisdiction over cases involving ambassadors, ministers and consuls and in cases where a state is a party

• In all other cases, the Supreme Court has appellate jurisdiction

Article Three, Section Two • Anyone accused of a crime has the right to a

trial by jury

Article Three, Section Three

• Congress has the power to declare the punishment for treason

• There must be at least two witnesses or a confession to convict a person of treason

Benedict Arnold

Article Four – Relations Among the States

Article Four, Section One

• Each state must recognize the laws and records of other states

• Examples include:

– Birth certificates

– Driver’s licenses

Article Four, Section Two

• States must treat the citizens of other states equally

• If a person is wanted for a crime and apprehended in another state, the state that apprehends them must return them to the state where they are wanted

Article Four, Section Three

• Congress can add newly settled or acquired areas as states

• Congress is in charge of public lands within states, and also governs territories Old Faithful geyser in Yellowstone National Park,

which was established by Congress in 1872

Article Four, Section Four

• States are guaranteed:

– A republican form of government

– Protection against invasion and domestic violence

Article Five – Amending the Constitution

Article Five

• To amend the constitution:

– Both houses of Congress must pass a proposal with a two-thirds vote

– Three-fourths of states must ratify the amendment by votes in the state legislature or by special conventions within the states

• This method of amending the Constitution has been used for every amendment so far

– Only the 21st Amendment was ratified by conventions in the states instead of votes by the state legislatures

Article Five

• The Constitution also enables amendments to be passed if:

– Two-thirds of the states petition for a national convention to propose amendments and

– Three-fourths of the states ratify the proposed amendments

• This method has not yet been used

Article Six – Debts, Supremacy, and Oaths

Article Six

• When the Constitution was written, the newly created federal government assumed the debts of the government it replaced

Alexander Hamilton, the first Secretary of the Treasury

Article Six

• The Constitution is the supreme law of the land

• This is known as the “supremacy clause,” and states that the Constitution and federal laws take precedence over state laws

Article Six

• Federal and state officials must take an oath to uphold and defend the Constitution

• No religious test can ever be required of any public official

John Roberts being sworn in as Chief Justice of the Supreme Court in 2005

Article Seven – Ratification

Article Seven – Ratification

• Article Seven text: – “The Ratification of the

Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same”

• The Constitution would go into effect when 9 of the 13 states voted to ratify

The Constitution

• The Constitution would be ratified on June 21, 1788

• Eventually, all 13 of the original states voted to ratify the Constitution

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