The U.S. Constitution

• Written in Philadelphia, 1787• James Madison was the

“Father” of the Constitution

ConstitutionHow the Constitution is divided:•Preamble: Intro

•Articles: The major divisions (7)– Sections: Divisions of an article

•Clauses: Divisions of a section

•Amendments: Changes to the Constitution» 27 total

– Bill of Rights: First 10 Amendments

6 Basic Principles of the Constitution1. Popular Sovereignty (The people rule)2. Limited Government (The government only has

as much power as the people give it)3. Separation of Powers (Government is divided to

prevent misuse of power)4. Checks and Balances (Each branch of

government can restrain the other two)5. Judicial Review (Federal courts make sure the

government does not violate the Constitution)6. Federalism (power is divided between the federal

and state governments)

The Preamble—The IntroductionWe 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.

The Preamble—The Introduction2 main questions found in the Preamble:

The Preamble—The Introduction2 main questions found in the Preamble:

1. Why are they are writing it?

The Preamble—The Introduction2 main questions found in the Preamble:

1. Why are they are writing it?To form a more perfect union

The Preamble—The Introduction2 main questions found in the Preamble:

1. Why are they are writing it?To form a more perfect union

2. What are the goals to be reached?

The Preamble—The Introduction2 main questions found in the Preamble:

1. Why are they are writing it?To form a more perfect union

2. What are the goals to be reached?• Establish justice (fairness, equality)• Insure domestic tranquility (peaceful home front)• Provide for the common defense (a military)• Promote the general welfare (for the good of all) • Secure the blessings of liberty to ourselves and our posterity (secure liberty for us and future generations)

Article I—Legislative Branch• Section 1—What is a Congress?

1. Bicameral Legislature: 2 houses•House of Representatives•Senate

Article I—Legislative Branch• Section 2—House of Representatives

– Term Limit = 2 year term– Qualifications =

•25 yrs old•7 year citizen of the U.S.•Resident of that state

– Number of people in districts = roughly same•Determined by U.S. census→every 10 years

House Officers - 115th Congress • Speaker of the House (Rep. Paul Ryan)

• Presiding Officer/Controls the discussion of the floor• Elected by whole HoR• Leader of the majority party (Currently Republicans)• 2nd in line to succeed the President

• Majority Leader (Rep. Kevin McCarthy)• Represents Majority party on the House floor - Helps

the speaker • Currently Republicans

• Minority Leader (Rep. Nancy Pelosi)• Represents minority party on the House floor

• Currently Democrats• Serves as a watchdog over the majority party

Article I—Legislative Branch

• Section 2—House of Representatives• What happens if a Rep dies in office?

– Usually the state’s governor will issue an election to fill the vacancy

Article I—Legislative Branch• Section 2—House of Representatives

– Main duties:•Pass bills•Start revenue bills•Sole power to Impeach•Selects President if no majority in Electoral College

Article I—Legislative Branch• Section 2—House of Representatives• The impeachment process:

– To call someone to trial•Charges brought by HoR

–Need majority vote–(Trial held in Senate)–Andrew Johnson: 1st U.S. Pres. impeached

» One vote shy of conviction–Richard Nixon: Resigned before official

impeachment could take place–Bill Clinton: Impeached →found not guilty

Article I—Legislative Branch• Section 3—The Senate

– Term Limit = 6 year term– Qualifications =

•30 years old•9 year citizen of the U.S.•Resident of that state

– 2 Senators per state– Re-elections are staggered

•i.e… never up for re-election at the same time

Senate Officers - 115th Congress• Presiding Officer = Vice Pres. (Mike Pence)

– Only when tie vote• President Pro Tempore = (Orrin Hatch)

– Presiding officer daily, w/o V.P., little actual power– Customarily most senior Senator in the majority party

• Majority Leader = (Mitch McConnell)– Rep. of majority party (Republican)– Sets agenda of the party

• Majority Whip = John Cornyn– Assists Majority Leader

• Minority Leader = Chuck Schumer– Rep. of minority party– A watchdog function over the majority party

Article I—Legislative Branch• Section 3—Senate

– Main duties:•Pass bills•Approve treaties•Approve some Pres. Appointment•“Jury” of Impeachment trial

Article I—Legislative Branch• Section 3—Senate• The impeachment process:

•(Charges brought by HoR) •Senate tries impeachments (serves as the Jury)

–Need 2/3 Majority to convict (67)–If convicted:

»Removal from office»Cannot be pardoned (part of the checks

and balance system)»No U.S. President has been convicted

Article I—Legislative Branch• Section 4—Elections and Meeting

– National Election Day = 1st Tuesday after the first Monday of November

– Must meet at least one time a year•20th Amendment = January 3rd first day of new session

Article I—Legislative Branch• Section 5—Rules of Procedures

– Each House determines member qualifications– Members can be removed or punished

•Censure: Less harsh way of punishing–Ex: Take away some power or seniority

– HoR and Senate have different rules•Ex:

–Filibuster: Delaying a bill through the use of discussion

»Only in Senate, HoR has rules on debate length Cloture rule—End filibuster = 60 Sen. agree

Article I—Legislative Branch• Section 5—Rules of Procedures• How did members votes?

– Congressional Record: Published daily, includes every word said

– Congressional Journal: Published at the end of the session = basic facts

– Sunshine Law: All meetings and records = open to the public

• To Adjourn → Need consent from other house if greater than 3 days – (law making process would stop if only one house

adjourns, usually joint adjournment)

Article I—Legislative Branch• Section 5—Rules of Procedures

–Separation of Powers → Can’t hold two offices at once from different branches of government

•i.e… Can’t be a Senator (Legis. Branch) and the Sect. of Education (Exec. Branch)

Article I—Legislative Branch• Section 6—Privileges and Restrictions• Salaries:

– HoR & Senate elected member salary = $174,000

– Senate Leadership•Majority & Minority Party Leaders = $193,400

– House Leadership•Speaker of the House = $223,500•Majority & Minority Leaders = $193,400

Article I—Legislative Branch• Section 6—Privileges and Restrictions

– Travel expense account– 2 Offices→ 1=D.C. and 1=their state– $$$ for stationary, phone calls, faxes– Retirement Pension– Some tax exemptions– Pd. 15% of salary, for speaking engagements (+$26,000)– Unlimited income from book royalties– Congressional immunity→ can’t be arrested for minor

crimes when traveling to or from Congress– Not liable for Slander (saying something that is not true)

• Done so that speech is not limited or censored➢ Franking (free mail service)

Article I—Legislative Branch

Members attending, going to or returning from either House are privileged from arrest, except for treason, felony or breach of the peace.

Article I—Legislative Branch• Section 7—Method of Passing Bills

– All tax (Revenue) bills MUST start in the House– Procedures vary slightly in each house

Article I—Legislative Branch• Section 7—Method of Passing Bills• Method #1:• Idea for law → Bill written → Committee work → • Committee votes to send to floor for general vote →

• “NO” = Dies • “YES” (Majority = ½ +1) = Sent to floor for vote →

• Floor vote →• “NO” = Dies • “YES” (Majority = ½ +1) = Sent to other house →

• Other house floor vote → • “NO” = Dies • “YES”(Majority = ½ +1)=Sent to Pres. to be signed into law →• President = • “YES” → Signs it into law OR• Keep Bill for 10 days → If congress IN session = Bill becomes

law w/o Pres. signature

Article I—Legislative Branch• Section 7—Method of Passing Bills• Method #2:• Passes both houses w/ majority vote →• Sent to Pres. to be signed into law → Pres. can =

• “Veto” = Bill not signed into law by Pres. OR• “Pocket veto” <Keeps bill for 10 days, doesn’t sign,

Congress NOT in session> = Bill not law• Sent back to house it started →• Floor vote →

• NO = Dies • YES (2/3) = Sent to other house →

• Other house floor vote → • NO = Dies • YES (2/3) = Bill become law

Article I—Legislative Branch• Section 7—Method of Passing BillsWhat happens if:• The second house committee does a “Markup” (Amends

and rewrites proposed legislation) on the bill, then votes it through on the floor?• Result: b/c HoR and Senate approved different versions

of the bill, before it can go to the President:– Sent to Joint Conference Committee to make

different versions in unified version– Unified version of bill then voted on again by each

house

Article I—Legislative Branch• Section 8—Powers Delegated to Congress• What can Congress collect taxes for?

– 3 Purposes:•Pay off debts•Provide defense•Provide for the common welfare

• Can Congress Borrow Money?– They can borrow money on the credit of the

United States•Deficit Yearly amount of money the government owes

Article I—Legislative Branch• Section 8—Powers Delegated to Congress• Trade:

• Regulate Interstate Trade (between states)

• Define Citizenship:– “Natural born” citizen =

• Born on U.S. land = You are U.S. citizen• At least one parent U.S. citizen = You are a U.S.

citizen – “Naturalized” citizen = You become a U.S. citizen

by following rules set by Congress

Article I—Legislative Branch• Section 8—Powers Delegated to Congress• Currency:

– Makes money for nation•Congress will punish counterfeiters

• Weights & Measures:– Est. use of English system (Foot, pound, mile)

• Postal Service:

Article I—Legislative Branch• Section 8—Powers Delegated to Congress• Promotes inventions:

– Copyrights– Patents

• Punish for crimes committed on water• War:

– Only Congress can declare war– Determines war spending

Article I—Legislative Branch• Section 8—Powers Delegated to Congress• Military:

– Navy– Rules for military– Congress governs state militias (National Guard)

• National guard can be deployed for three reasons:– Execute laws of the union– Suppress insurrections (riots) – Repel invasions

• Allows the states to appoint National Guard officers and train their own soldiers

Article I—Legislative Branch• Section 8—Powers Delegated to Congress• Washington D.C.

• Elastic Clause:– Congress has the power to establish any rules

they deem necessary and proper•This expands the powers of Congress

Article I—Legislative Branch• Section 9—Powers Denied to Congress• Legal Proceedings:

– Can’t imprison with no reason• Writ of Habeas corpus (Doc. telling of charges)

– You must be told why being held/what charged w/» Can suspend = National Security/Public Safety

– No Bill of Attainder (legislative act against a named person)

– No Ex Post Facto law (after the fact)• i.e…Can’t make a law to punish someone for something they did, before it was against the law

Article I—Legislative Branch• Section 9—Powers Denied to Congress• Tax:

– Can’t put a direct tax on an individual– Can’t tax an export– Import taxes can’t differ at different ports

• Can’t grant titles of nobility

Article I—Legislative Branch• Section 10—Powers Denied to the States• States cannot:

• Form treaties or alliances w/ other states or countries

• Coin own money• Tax imports or exports without consent of

Congress• Harbor troops in times of peace• Engage in war

Article II—Executive Branch• 4 Parts:

1) The Office of the President2) The Cabinet3) The Executive Agencies4) The Independent (Regulatory) Agencies

Article II—Executive Branch• Section 1—The Office of the President• Qualifications:

– Must be at least 35 years old• Trivia:

– Youngest: » Serving = (T. Roosevelt (42) = assumed

presidency after McKinley died)» Elected = JFK (43)

– Oldest:» Elected = D. Trump (70)

– Resident of U.S. for 14 years– Natural Born Citizen

• :1st 7 president were not natural born– M. Van Buren = 1st

Article II—Executive Branch• Section 1—The Office of the President• Term Limit:

– Term = 4 years– Maximum Length Can Serve: 2 Terms OR

10yrs (whatever comes first)•22nd Amendment sets term limit = No tyranny/dictator

–FDR = Elected 4 times (Served 12 years)– Trivia:

•G. Cleveland served 2 non-consecutive terms = 22nd & 24th Pres of U.S.

Article II—Executive Branch• Section 1—The Office of the President• How is the U.S. President elected?

– General Election: Citizens of each state vote on 1st Tuesday after 1st Monday in Nov.

•Candidate w/ majority of popular vote receives that state’s Electoral votes

– Electoral College System = Casts the “Official” ballot for President

•Cast votes on 1st Mon. after 2nd Wed. in Dec.•# State’s Electors = # of HoR + # of Sen.

–538 Pres. Electors (3 = D.C.)»→ Need 270 Elector votes to win

Article II—Executive Branch• Section 1—The Office of the President• How is the U.S. President elected?

– Electoral College System •Why?

–Founders = didn’t trust average citizens to make educated choice (wanted a rep. democracy rather than pure democracy)

•Tie? Jefferson & Burr)–HoR votes + Each state gets 1 vote

»Still have to get majority

Tilden (1876)

Hayes (1876)

Close Votes in History

4,033,950

4,284,855

Popular Vote

Electoral Vote

185

184

Gore (2000)

Bush (2000)

Close Votes in History

50,456,169

50,996,116

Popular Vote

Electoral Vote

271

266

Article II—Executive Branch• Section 1—The Office of the President• Benefits:

– President: • Salary = $400,000 per year (since 2001)

– Can’t during term:» Change amount » Receive other Federal Government salary

– Must pay income taxes• Other :

– $50,000 a year expense account– $100,000 a year non-taxable travel (personal travel)– $19,000 per year entertainment– Secret Service protection for Lifetime– Retirement pension

– Vice President:• Salary = $230, 700/yr

Article II—Executive Branch• Section 1—The Office of the President• Presidential Oath:

– Can be administered by any judge• Most common = Chief Justice of the SCOTUS

– Trivia:• C. Coolidge = sworn in by his dad (Justice of Peace)

• LBJ = sworn in by Dallas judge on Air Force One• “So help me God” = G. Washington added to oath

Article II—Executive Branch• Section 2—The Powers of the President

– Commander in Chief– Grant pardons to Federal criminals– Can make treaties (w/ Senate approval)– Makes appointments (w/ Senate approval)

•i.e… Supreme Court Judges, Cabinet members

Article II—Executive Branch• Section 2—The Powers of the President

– The President’s Cabinet: •Role = to advise the President•16 people = V.P. + 15 Executive Departments

–Secretaries of: » Agriculture, Commerce, Defense, Education,

Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs

» Attorney General–Under each Deptartment = various

Agencies

Article II—Executive Branch• Section 3—The Duties of the President

– Main Duty = Make sure law are executed faithfully

•i.e… Executive Branch = Enacts laws– Once per year, must give “State of the Union

Address” (Shares condition of the country to Congress)

•Usually in January– Can convene/adjourn Congress in event of

special circumstances

Article II—Executive Branch• Section 4—Impeachment• President, Vice President, and all civil officers can

be impeached, for 3 Reasons:– A) Treason– B) Bribery– C) High Crimes and misdemeanors

Article III—Judicial Branch• Section 1—Federal Courts

– Main Duty: Interpret Laws– Supreme Court: Supreme Law of the Land

•Appointed by President•Confirmed by Senate•Lifetime appointment•Salary:

– Chief Justice: $255,500– Assoc. Justice: $244,400

Chief Justice

• John G. Roberts, Jr.

Associate Justices• Elena Kagan (BO)

• Sonia Sotomayor (BO)

• Samuel Anthony Alito, Jr. (GWB)

• Stephen G. Breyer (BC)

Associate Justices• Ruth Bader Ginsburg (BC)

• Clarence Thomas (GHWB)

• Anthony M. Kennedy(RR)

• Neil Gorsuch (DT)

Article III—Judicial Branch• Section 2—Jurisdiction of Federal Courts

– Jurisdiction: power and right to apply law•2 kinds:

–Original: Case 1st heard by SCOTUS–Appellate: Case appealed up through lower

courts–SCOTUS hears ~75 cases/year

Article III—Judicial Branch• Section 3—Treason

(Helping a nation’s enemies or carrying out war against your country)

•Only can happen during time of war–Considered “Espionage,” “Sabotage,” or

“conspiracy” during times of peace•Only crime defined in the Constitution•2 ways of being convicted:

–Confess in court room–Have 2 witnesses testify against you

Checks & Balances• Making 3 branches of government = built a system of

“Checks and balances”– No branch of government is too powerful.

• Each branch = restrained by other 2 branches• Ex:

– POTUS can veto law passed by Congress » Congress can override veto with 2/3 vote

from both houses– Congress passes laws

» SCOTUS can declare a law unconstitutional – SCOTUS appointed by POTUS.

» Appointments approved by Congress

Article IV—Relations Among the States

Section One—Official Acts1. Clause One - Do you still have to follow the

rules from Florida even though you’re from Illinois? (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 Michigan 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 - 2/3 of Congress to PROPOSE an Amendment2nd 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 ratify an Amendment. This is

done by state legislatures or a special ratifying convention.➢ Over 4000 proposed Amendments ➢ Only 27 have been ratified➢ First 10 Amendments were a package deal, 18 and 21

cancel each other out, leaving 15 separate Amendments that went through the process

Article VI—General ProvisionsSection One - Could the new government evade debts owed as a result of the Revolutionary War?➢ New government can’t evade old debtsSection 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, 178755 total delegates during the convention42 were present on the final day but only39 people signed the ConstitutionThe following two years provided debate for ratificationThe United States Constitution took effect April 30 , 1789 when George Washington was sworn in as President

The Bill of Rights

• Constitution did not say enough about the rights of the people → In 1791 Congress added the first 10 amendments to the Constitution

7.------------- 8. ------------ 9.-------------10.------------

Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free

exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people

peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment 1• Gives Rights/Freedom:

– Religion– Press– Speech– Assemble (peacefully)– Petition the Government

Amendment 2

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.

Amendment 2• The Right to Keep and Bear Arms

Amendment 3

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed

by law.

Amendment 3• In peacetime, a citizen cannot be required to

quarter (house or feed soldiers) if he does not want to do so

• In wartime, any requirement to quarter soldiers must follow the law

Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon

probable cause, supported by Oath or affirmation, and particularly describing the place

to be searched, and the persons or things to be seized.

Amendment 4• Protects people from unreasonable search and

seizure

Amendment 5No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment

or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia,

when in actual service in time of War or public danger; nor shall any person be subject for the same

offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a

witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor

shall private property be taken for public use, without just compensation.

Amendment 5• Due process of law• Person can’t be tried twice for the same crime

– Double Jeopardy

1

2

Amendment 5• Court cannot require a person to testify against

himself – “I plead the 5th”

• Must be indicted (Formally charged) by a grand jury for a capital crime (a crime that is punishable by death) Ex: murder is a capital crime

Amendment 5• Military will have their own trials

Amendment 5• Gov’t must pay the owner if it takes private

property for public use

+ =

Amendment 6In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein

the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause

of the accusation; to be confronted with the witnesses against him; to have compulsory

process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment 6• Gives a person in a criminal prosecution, the

right to:– A speedy trial by jury– Legal counsel – Be confronted by the witnesses against him

Amendment 7

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right

of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to

the rules of the common law.

Amendment 7• Gives a person in a civil case, the right to:

– A trial by jury

Amendment 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishments inflicted.

Amendment 8• Prohibits:

– Excessive bail – Cruel and unusual punishment

Amendment 9

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10

The powers not delegated to the United States by the Constitution, nor prohibited by it to the

States, are reserved to the States respectively, or to the people.

Amendment 9• People have non-enumerated rights

– Doesn’t have to be named in the Constitution for pple to have that right

Amendment 10• Gives states all powers that the Constitution

does not give to the Fed. Gov’t or forbid to the states

CIVIL WAR AMENDMENTS13th, 14th, & 15th

Amendment 13• Jan.1865• Former slaves are now free• No slavery allowed in the U.S. and

territories“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Amendment 14• June 1866• All former slaves are citizens• All born or naturalized citizens are entitled

to due process of law

Amendment 15• Feb.1869• All males 21 years or older are eligible to

vote regardless of former conditions of servitude, race, or creed

Amendment 19• Aug. 1920• To vote shall not be

denied or abridged by the United States, or by any State, on account of sex.

Amendment 26• July 1971• Set new minimum voting age =18yrs old