Chapter 7 The Constitution of the United States

introduces the Constitution Chapter 7 – The Constitution of the United States pp. 122-139 The Preamble introduces the Constitution states the source of government’s power and the six purposes of government

Chapter 7 – The Constitution of the United States pp. 122-139 Article I: The Legislative Branch The primary function of the legislative branch is to make laws. This power belongs to Congress, which has two houses. A two-house legislative system is called a bicameral system.

Section 1: Legislative Power of Congress Chapter 7 – The Constitution of the United States pp. 122-139 Section 1: Legislative Power of Congress Section 2: House of Representatives The number of representatives each state receives is determined by its population.

House membership today: 435 Chapter 7 – The Constitution of the United States pp. 122-139 Any direct federal taxation of the states must be distributed according to population. House membership today: 435 A census is taken every ten years to determine the number of representatives

head of the House: Speaker of the House Chapter 7 – The Constitution of the United States pp. 122-139 head of the House: Speaker of the House elected by House members The House has the sole power of impeachment—the filling of charges against a major federal official.

Each state has two senators, who serve six-year terms. Chapter 7 – The Constitution of the United States pp. 122-139 Section 3: Senate Each state has two senators, who serve six-year terms. Originally, state legislatures elected senators. One-third of the senators are up for election every two years.

qualifications of senators Chapter 7 – The Constitution of the United States pp. 122-139 qualifications of senators at least thirty years old citizens for at least nine years residents of the state they represent head of the Senate vice president president pro tempore

Chapter 7 – The Constitution of the United States pp. 122-139 The Senate acts as a trial court for impeachment cases. Two-thirds of the senators must vote for conviction in order to remove the official from office.

Section 4: Congressional Elections Chapter 7 – The Constitution of the United States pp. 122-139 Section 4: Congressional Elections State legislatures have the right to administer congressional elections in their states, but they must follow any regulations established by Congress. Congress is to meet at least once a year.

Each house judges it own elections. Chapter 7 – The Constitution of the United States pp. 122-139 Section 5: Procedure Each house judges it own elections. Each house keeps a journal or record of what it does each day. One house cannot adjourn for more than three days without the permission of the other.

Chapter 7 – The Constitution of the United States pp. 122-139 Section 6: Salary Senators and representatives are public employees paid salaries by the U.S. Treasury. A congressman must give up any other federal offices he holds to become a congressman.

Chapter 7 – The Constitution of the United States pp. 122-139 Section 7: Bills Bills dealing with money must start in the House, but the Senate may make changes if it desires. In order for a bill to become a law, it must be passed by both houses and signed by the president.

The president can veto a bill. Chapter 7 – The Constitution of the United States pp. 122-139 The president can veto a bill. Congress may override the president’s veto with a two-thirds vote of both houses, and the bill becomes law.

Chapter 7 – The Constitution of the United States pp. 122-139 All other acts requiring approval of both houses of Congress (except the decision to adjourn Congress) require the signature of the president or the overriding of his veto by a two-thirds vote of both houses.

Section 8: Enumerated Powers of Congress power to tax Chapter 7 – The Constitution of the United States pp. 122-139 Section 8: Enumerated Powers of Congress power to tax power to borrow money power to regulate trade with foreign nations, within the country, and with the Indians

power to regulate naturalization and bankruptcy laws Chapter 7 – The Constitution of the United States pp. 122-139 power to regulate naturalization and bankruptcy laws power to control the nation’s currency and the standard weights and measurements power to punish those who illegally interfere in the currency system

power to provide needed offices and roads for the postal service Chapter 7 – The Constitution of the United States pp. 122-139 power to provide needed offices and roads for the postal service power to issue copyrights and patents power to establish federal courts other than the Supreme Court

alone has the power to declare war Chapter 7 – The Constitution of the United States pp. 122-139 power to determine what acts committed at sea are crimes and to commit offenders to courts for trial alone has the power to declare war may create an army, but it cannot vote to use money to support the army more than two years ahead of time

power to create a navy and to vote for money to support it Chapter 7 – The Constitution of the United States pp. 122-139 power to create a navy and to vote for money to support it power to make the rules for the armed services may call the state militias (now the National Guard) into service for the national government

Chapter 7 – The Constitution of the United States pp. 122-139 power to organize, arm, and discipline the militias, while the states appoint the officers and train these troops power to make laws for the District of Columbia and for all federal properties such as military installations or bases

“necessary and proper” clause Chapter 7 – The Constitution of the United States pp. 122-139 “necessary and proper” clause lets Congress do what it believes is necessary and proper to carry out any listed power sometimes called the elastic clause

Section 9: Powers Forbidden to the Federal Government Chapter 7 – The Constitution of the United States pp. 122-139 Section 9: Powers Forbidden to the Federal Government Congress could not interfere with slavery until after 1808. It may not take away a person’s right of habeas corpus except in times of extreme danger.

It cannot levy a direct tax that is not equal for all citizens. Chapter 7 – The Constitution of the United States pp. 122-139 It cannot pass a bill of attainder, which permits punishment without a trial, or an ex post facto law, which makes a law retroactive. It cannot levy a direct tax that is not equal for all citizens. It cannot tax the exports of the states.

Chapter 7 – The Constitution of the United States pp. 122-139 Congress cannot give preference to any port or state through its laws, and it cannot tax trade between states. Money from the treasury can be spent only if Congress approves, and a record of income and expenditures must be published.

Chapter 7 – The Constitution of the United States pp. 122-139 The U.S. cannot grant titles of nobility, nor can its officials accept titles or honors from foreign countries without the permission of Congress.

Section 10: Powers Denied to the States Chapter 7 – The Constitution of the United States pp. 122-139 Section 10: Powers Denied to the States forbidden to keep troops or ships (except a state militia), make alliances with foreign powers, or declare war may respond to attacks if invaded

Chapter 7 – The Constitution of the United States pp. 122-139 Article II: The Executive Branch The primary function of the executive branch is to carry out the nation’s laws.

Section 1: The President and Vice President Both serve four-year terms Chapter 7 – The Constitution of the United States pp. 122-139 Section 1: The President and Vice President Both serve four-year terms The president is still elected by the Electoral College. The Senate and House oversee the counting of the electors’ votes.

Congress determines the time for the president’s election. Chapter 7 – The Constitution of the United States pp. 122-139 Congress determines the time for the president’s election. The President must be (1) a natural-born citizen, (2) at least thirty-five years of age, and (3) a resident of the U.S. for at least fourteen years.

Presidential Succession Chapter 7 – The Constitution of the United States pp. 122-139 Presidential Succession the vice president the Speaker of the House of Representatives the president pro tempore of the Senate members of the president’s cabinet in order of the creation of their departments

The President’s salary stays the same throughout his term. Chapter 7 – The Constitution of the United States pp. 122-139 The President’s salary stays the same throughout his term. The Constitution dictates the president’s oath of office. George Washington added the words “so help me God” to the end of the oath, and that addition has become a tradition.

Section 2: Presidential Powers Commander of the armed forces Chapter 7 – The Constitution of the United States pp. 122-139 Section 2: Presidential Powers Commander of the armed forces May call the opinion of his cabinet May grant reprieves and pardons May make treaties must be approved by a two-thirds majority of the Senate

Chapter 7 – The Constitution of the United States pp. 122-139 May appoint ambassadors, ministers, consuls, judges, and other officers as allowed by Congress with approval of the Senate Can fill vacancies in offices without Senate approval if the Senate is out of session

Section 3: Presidential Responsibilities Chapter 7 – The Constitution of the United States pp. 122-139 Section 3: Presidential Responsibilities Gives the State of the Union address Can suggest that Congress pass certain legislation

Can convene both houses Can intervene on adjournment Chapter 7 – The Constitution of the United States pp. 122-139 Can convene both houses Can intervene on adjournment Receives ambassadors

The Process of Impeachment Chapter 7 – The Constitution of the United States pp. 122-139 Section 4: Impeachment The Process of Impeachment The president can be impeached for aiding an enemy; giving or accepting money, gifts, or favors illegally; serious crimes; or bad behavior.

Chapter 7 – The Constitution of the United States pp. 122-139 Article III: The Judicial Branch The primary function of the judicial branch is to interpret the law.

Section 1: Supreme Court and Inferior Courts Chapter 7 – The Constitution of the United States pp. 122-139 Section 1: Supreme Court and Inferior Courts Section 2: Cases that the Federal Courts Must Decide

Chapter 7 – The Constitution of the United States pp. 122-139 Section 3: Treason To be convicted of treason, the accused must either confess to it or have two people who saw it testify in an open court. The punishment extends only to the life of the person himself, not his family.

Article IV: Interstate Relations Chapter 7 – The Constitution of the United States pp. 122-139 Article IV: Interstate Relations

Section 1: Full Faith and Credit Among States Chapter 7 – The Constitution of the United States pp. 122-139 Section 1: Full Faith and Credit Among States Section 2: Mutual Duties of States Section 3: New States Section 4: Republican Form of Government and Protection

Chapter 7 – The Constitution of the United States pp. 122-139 Article V: Amending the Constitution Two-thirds of both houses of Congress or two-thirds of the states in convention propose amendments.

Chapter 7 – The Constitution of the United States pp. 122-139 Article VI: Constitutional and National Supremacy The United States Constitution is the supreme law of the nation. All national and state officers promise to support the Constitution.

Chapter 7 – The Constitution of the United States pp. 122-139 Article VII: Ratifying the Constitution Nine of the thirteen states had to ratify the Constitution to start the new form of government.

Amendments to the Constitution Chapter 7 – The Constitution of the United States pp. 122-139 Amendments to the Constitution

Problems of the Civil War era Amendments 13–15 Progressive Amendments Chapter 7 – The Constitution of the United States pp. 122-139 The Bill of Rights Amendments 1–10 Problems of the Civil War era Amendments 13–15 Progressive Amendments Amendments 16–19

Amendment I: Five Freedoms Chapter 7 – The Constitution of the United States pp. 122-139 Amendment I: Five Freedoms religion, speech, press, assembly, and petition Amendment II: The Right to Bear Arms Amendment III: No Quartering of Troops

Amendment IV: No Unreasonable Searches Chapter 7 – The Constitution of the United States pp. 122-139 Amendment IV: No Unreasonable Searches Amendment V: Rights of the Accused Amendment VI: Rights of the Accused in Criminal Trials

Amendment VII: Rights of Citizens in Civil Trials Chapter 7 – The Constitution of the United States pp. 122-139 Amendment VII: Rights of Citizens in Civil Trials Amendment VIII: Cruel, Unusual, and Unjust Punishments

Amendment IX: Unlisted Rights Chapter 7 – The Constitution of the United States pp. 122-139 Amendment IX: Unlisted Rights Amendment X: Unlisted Rights Go to States or to the People Amendment XI: Suing States (1798) Amendment XII: Separate Ballots for President and Vice President (1804)

Amendment XIII: Slavery (1865) abolished slavery Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XIII: Slavery (1865) abolished slavery Amendment XIV: Citizenship (1868) Amendment XV: Black Voting Rights (1870)

Amendment XVI: Income Tax (1913) Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XVI: Income Tax (1913) Amendment XVII: Direct Election of Senators (1913)

Amendment XVIII: Prohibition (1919) Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XVIII: Prohibition (1919) forbidding the manufacture, sale, or transportation of liquor Amendment XIX: Women’s Suffrage (1920)

Amendment XX: Lame Duck Amendment (1933) Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XX: Lame Duck Amendment (1933) The dates for starting terms for the president, senators, and representatives to take office were changed.

Amendment XXI: Repeal of Prohibition (1933) Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XXI: Repeal of Prohibition (1933) Amendment XXII: Presidential Terms (1951) Amendment XXIII: Voting for Washington, D.C. (1961)

Amendment XXIV: No Poll Tax (1964) Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XXIV: No Poll Tax (1964) Amendment XXV: Presidential Succession (1967) If the vice-presidency becomes vacant, the president can appoint a new vice president with the approval of both the House and the Senate.

Chapter 7 – The Constitution of the United States pp. 122-139 The president can transfer his duties to the vice president when he is unable to perform them. Example: when he is undergoing surgery and is under anesthetic and therefore unable to make decisions

Amendment XXVI: Eighteen-Year-Old Vote (1971) Chapter 7 – The Constitution of the United States pp. 122-139 Amendment XXVI: Eighteen-Year-Old Vote (1971) Amendment XXVII: Congressional Pay Raises (1992) Any vote for a pay increase for senators and representatives cannot take effect until after the next election.