A Guide to Teaching the United States Constitution

Introduction to the U.S. Constitution Written in Philadelphia Original intent was to revise the Articles James Madison was the “Father” of the Constitution 39 men signed it in 1787

The Preamble—The Introduction to the Constitution Two main Questions found in the Preamble: 1. Why they are writing it? (to form a more perfect union) 2. What are the goals to be reached? (establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)

Constitution How the Constitution is divided: 1. Articles—the major divisions 2. Sections---divisions of an article 3. Clauses---divisions of a section

Article I---Legislative Branch Congress: Bicameral Legislature There are two houses, a Senate and House of Representatives.

House of Representatives Serve 2 year terms Qualifications: 25 years old • 7 year citizen of the United States • Resident of the state one is elected in

What determines the amount of Representatives each state will receive? Census (happens every 10 years) The number of people in each state are counted Congress totals the number of Reps. each state will get (that total must equal 435)

Clause Five---Where does the impeachment process start? The House of Reps. will start the impeachment process Andrew Johnson---First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction Richard Nixon---Resigned before official impeachment could take place Bill Clinton---Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

House Officers Speaker of the House Majority Leader Majority Whip Controls the discussion of the floor Majority Leader Helps the speaker & leads his party Majority Whip Helps majority leader Minority Leader Serves as a watchdog over the majority party Minority Whip Helps minority leader

The Senate Clause One - How is a Senator different from a member of the House of Representatives? Senators term is 6 years 2 Senators per state (all states get the same amount) Originally Senators were chosen by state legislatures Today chosen by direct election (17th Amendment)

What are the qualifications for a Senator? 30 years old 9 year citizen of the United States Be a resident of the state you are elected from

Officers of the Senate President of the Pro Tempore presides temporarily when vice-president is not available (very little power) Majority Leader controls the agenda of the majority party Majority Whip helps the majority leader Minority Leader A watchdog function over the majority party Minority Whip helps the minority leader

Trial of Impeachments Senate tries impeachments (acts as a jury) House of Reps. introduces the Articles of Impeachment House needs a majority (218) vote to bring up charges Senate needs 2/3s majority (67) to convict

Elections At one time federal elections were not uniform. Some states held them on different days and months. National Election Day was set by Congress (1st Tuesday after the first Monday of November)

Rules House of Reps and the Senate have different rules Filibuster—Delaying a bill through the use of discussion Strom Thurmond—longest filibuster, 24 hours 18 minutes Cloture rule—rule in the Senate that will end a filibuster if 60 Senators agree to vote for the closing of debate Censure—punishing a member of Congress, take away some of their power or seniority

Privileges and Restrictions Clause One - What is the salary and benefits for a member of Congress? Compensation—members of Congress will be paid ($150,000 per year) Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity) Franking—free mail service

Method of Passing Bills Where do tax bills start? All tax bills start in the House.

How does a bill become a law? Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview: First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law

Powers of Congress Article I, Section 8 of Constitution lists 27 expressed powers of Congress Include power to declare war, levy taxes, regulate commerce and currency

Congress's other expressed powers are wide-ranging, including: The power to establish rules of naturalization The power to make rules for bankruptcies The power to punish counterfeiters The power to set up a national post office The power to provide for copyrights and patents The power to organize all federal courts below the Supreme Court The power to punish pirates The power to make rules to regulate the conduct of the armed forces The power to govern the federal capital (Washington, DC) The power to acquire lands from the states for use by the federal government

Section 8 Clause Eighteen—Necessary and Proper Clause Congress has the power to establish any rules they deem necessary and proper Also called the Elastic Clause—expands the powers of Congress Called Implied Powers

Powers Denied to the Federal Government Habeas corpus - “you have the body” - You have the right to test the legality of your detention The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

Congress cannot pass a bill of attainder (legislative act against a named person) Eg: Congress makes a law that says Mike Sims is a thief and will serve 25 years in prison - This is Unconstitutional!! Congress cannot pass an ex post facto law (after the fact) Eg: Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th