The Constitution
Written in 1787 “Intended to govern now and be adoptive for years to come” – John Marshall All about “POWER” There are 7 articles
Preamble We the People of the United States, in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for a common defense, 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 1 The Legislature Establishes the Legislative Branch There are 10 sections within the Article
Article 1: Section 1 All powers vested in a Congress “The Great Compromise” 535 Members Each representative represents approximately 600,000
Article 1: Section 2 Standards for the House of Representatives Qualifications for being a member for the House of Representatives –25 years of age –Citizen for 7 years –Inhabitant of the state in which you represent –2 years terms
Section 2 Cont’d Provide for the election of the Speaker of the House Impeachment process which takes a 2/3 vote from the Members of the House.
Article 1: Section 3 Role of the Vice President Impeachment Trials Qualifications for being in the Senate –6 Year terms –30 years of Age –Citizens for 9 years –Inhabitant of the state you represent –Election for 1/3 of the members every two years –Vice President is head of the Senate –President Pro-Tempore
Article 1: Section 4 Manner in which elections are held Sessions – at least once a year
Article 1: Section 5 Quorum –A majority of the members present in order to conduct the days business. Rules of conduct – established by the individual house. Congressional records – Public information
Article 1: Section 6 Salary – Paid by the Government Privileged from arrest Can’t have a job in an agency established by congress
Article 1: Section 7 How a Bill becomes a law Veto Power Tax bills - Must originate in the HOR
Article 1: Section 8 Powers listed expressly for Congress Taxation – lay and collect in order to pay debts Credit – To borrow Money Commerce - Regulate foreign Trade Naturalization/Bankruptcy Money – The power to coin money and set the standards of weights and measures Counterfeiting – Provide the punishment
Section 8 Cont’d Post Office – Establish post offices and roads Patents and Copyrights Federal Courts – As they see fit International Law – Piracies War – to declare war on another country Army/Navy – Raise and support Military, and make the rules to govern the Military
Section 8 Cont’d Militia Establishment of land for Washington DC Elastic Clause – “The Necessary and Proper Clause” Which says Congress has the power to pass any law which aides in the governing of the previous laws set forth by this convention
Article 1: Section 9 Powers that are prohibited to congress Slave Trade Habeas Corpus Ex post facto laws Export taxes Titles of Nobility
Article 1: Section 10 No state shall enter into a treaty with another country Keep and maintain war equipment during peace time
Article 2 Establishes the Executive Branch The President All those who work or are appointed by the President Job is to enforce or execute the law
What are great Leaderhship Characteristics?
On a piece of paper write down five great leaders through out history and why you have chosen them Jesus George Washington Abraham Lincoln Adolf Hitler Martin Luther King Jr.
…able reach unthinkable heights
…able to over come a situation that may seem hopeless.
…always leads the pack, instead of following
…Has the Ability to make their presence known
… and is always able to think outside the box.
Article 2: Section 1 Elected to 4 year terms Electoral College Succession – V.P. Salary – Compensated and not increased or decreased during the tenure of office Qualifications –Natural Born Citizen –35 years of age –Lived in the US for 14 years
Article 2: Section 1 Cont’d The Oath of Office “I do solemnly swear that I will faithfully execute the office of the president of the United States, and will to the best of my ability preserve, protect, and defend the constitution of the United States.”
Article 2: Section 2 Military Powers – Commander-in-Chief Pardons and Reprieves Make Treaties Appointment Fill vacancies in the Senate State of the Union Address
Article 3 Judicial Branch Supreme Court and the federal district Courts
Article 3: Section 1 Supreme court – Decides if a law or action is constitutional or unconstitutional Judges are to be paid Congress has the power to create new lower courts as they see necessary
Article 3: Section 2 Judicial power shall extend to all cases – “Original Jurisdiction” Citizens guaranteed a trial by jury
Article 3: Section 3 Established what and how treason would be warranted in a case and the punishment
Article 4 The Relationship between the states and the national Government Relationship between the states and other states Relationship between the states and the people
Article 4: Section 1 Full Faith and Credit Clause Licenses Wedding certificates Public acts Judicial Proceedings
Article 4: Section 2 Citizenship – Citizens of one state shall be entitled to the privileges of citizens of another state Extradition – Criminals return to the state of the crime
Article 4: Section 3 Admission of New States – New states must be formed from new territories Congress has the right to rule or govern other territories that are the property of the United States
Governing of Western Lands 1. Land Ordinance of Northwest Ordinance of 1787
Land Ordinance of 1785
Northwest Ordinance of Congress would appoint a territorial governor and Judges 2. When a territory had 5,000 voting residents, the settlers could write a temporary constitution and elect their own government. 3 When the total population of a territory reached 60,000 free inhabitants, the settlers could write a state constitution, which had to be approved by congress before it granted statehood.
Article 4: Section 4 The United States Will Guarantee to all states the right to a republic form of government
Article 5 ¾ of the states to ratify an Amendment Bill of Rights Ratified in 1789
Amendment #1 Freedoms Amendment Speech Assembly Religion Petition Press
Amendment #2 Right to bear and maintain arms Militias Firearms Cornerstone of freedom for Citizens
Amendment #3 Quartering Amendment Government can not require citizens to house soldiers Because of the Intolerable acts
Amendment #4 Searches and Seizures amendment Can not search your property with a search warrant and or probable cause
Amendment #5 Rights of the accused Grand Jury indictment Double Jeopardy Testify against yourself Due Process Property taken without just compensation
Amendment #6 Speedy and Public trial Impartial Jury of peers Confronted with witnesses Assistance of Counsel
Amendment #7 Civil Court Cases Cases exceeding $20 can be tried by a jury
Amendment #8 Excessive Bail and Punishment The punishment must fit the crime
Amendment #9 All rights given in the constitution are not limited to the rights listed in the constituion and rights acquired outside the constitution can be taken from the people by the constitution
Amendment #10 Powers that are delegated to the United States are reserved to the states and the people
Amendment # Law suits against states by another state of people from another state are people from a foreign country are to be heard by the federal courts
Amendment # Election of Executives If not a majority the House chooses Pres Senate Chooses VP
Amendment # Abolished Slavery
Amendment # Civil Rights Amendment Section 1 –All persons Born or naturalized a guaranteed equal protection under the Constitution Section 2 –Rep-representatives are apportioned based on population of their respective areas they represent Section 3 –Cannot work for government if committed a crime against the government or committed treason Section 4 –All debts claimed during insurrection shall be void Section 5 –Congress has the power to enforce this amendment
Amendment # Male Suffrage All males over the Age of 21 regardless of previous condition of servitude are guaranteed the right to vote
Amendment # Income Tax Congress has the power to lay and collect taxes on income
Amendment # Direct Election of Senators Every State shall have two senators and be elected by the entire state
Amendment # Prohibition The sell, manufacture, and consumption of alcohol is illegal
Amendment # Women’s Suffrage Any female over the age of 21 regardless of previous condition of servitude has the right to vote
Amendment # Term ending dates for President and Congress Presidents term ends on the 20 of Jan. Congress begins on the 3 rd of Jan.
Amendment # Repeals Prohibition Makes the sale manufacture and consumption of alcohol legal and can now be regulated and taxed by the government
Amendment # Presidential Terms Two terms or ten years
Amendment # District of Columbia Voting rights
Amendment # Abolition of Poll Tax State can not charge a tax for the sole purpose of voting thereby discrimination against the poor to keep them from voting
Amendment # Disability and Succession President Dies President declares himself unfit for service Vice President and a majority of the cabinet feel the president is unfit they can submit to the speaker of the house a letter removing the president until he is fit again
Amendment # Age Suffrage Lowered the voting age to 18 years old
Amendment # Set congressional pay and the time constraints for which the pay can be increased
Article 6 The supreme law of the Land National Government must Conform to the Constitution The constitution is the highest law in the land When there is a conflict between state law and constitution, the constitution over rules the state law.
Article 7 Ratification Signers of the Constitution: Delaware – George Reed, Gunning Bedford, John Dickinson, Richard Bassett, and Jacob Bacon Maryland – James McHenry, Dan of St. Thomas Jenifer, and Daniel Carroll Virginia – John Blair, James Madison
Signers Cont’d North Carolina – William Blount, Richard Dobbs Spraight, and Hugh Williamson South Carolina – John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, and Pierce Butler Georgia – William Few, Abraham Baldwin New Hampshire – John Langdon, Nicholas Gilman Massachusetts – Nathaniel Gorham, Rufus King
Signers Cont’d Connecticut – William Samuel Johnson, Roger Sherman New York – Alexander Hamilton New Jersey – William Livingston, David Brearley, William Patterson, and Jonathan Dayton Pennsylvania – Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clyner, Thomas FitzSimons, Jared Ingorsoll, James Wilson, Gouveneur Morris