Preamble the introduction the introduction First purpose: shows the authority, or right to rule, the new government First purpose: shows the authority, or right to rule, the new government Second purpose: states the new gov’t is being formed to Second purpose: states the new gov’t is being formed to –Create a nation where states work together –Set up and enforce fair laws –Keep peace w/n the country –Protect the country against attack –Ensure the well-being of the people –Make sure future citizens remain free
Article 1, Sections 1-6 Article 1 sets up Congress Article 1 sets up Congress Section 2: House of Representatives Section 2: House of Representatives –Lower house of Congress –Members elected every 2 yrs. –# of representatives each state has is based on population –Qualifications 25 yrs. Old A U.S. citizen for seven yrs. Lives in the state where he/she was elected
Article 1, Sections 1-6 cont. Section 2: reps. Choose a Speaker of the House; he/she becomes the leader of the House Section 2: reps. Choose a Speaker of the House; he/she becomes the leader of the House The House is given the power of impeachment. The House is given the power of impeachment. –It can bring official charges of wrongdoing against officials in other branches of gov’t including the president. –The Senate has power to hold the trial in impeachment.
Article 1, Sections 1-6 cont. Section 3: Senate Section 3: Senate –Upper house of Congress –Each state has 2 senators –Senators are elected directly by the people –Serve 6 yr. terms –Every 2 years, 1/3 of the Senate seats are up for election –Qualifications 30 yrs. Old A U.S. citizen for 9 yrs. Live in the state that elected him/her
Article 1, Sections 1-6 cont. Section 4: Congress shall meet at least once every year Section 4: Congress shall meet at least once every year Section 5: establishes how Congress shall conduct business, including Section 5: establishes how Congress shall conduct business, including –The quorum, or min. # of reps. that need to be present for an official meeting to be held –The power to set rules for meetings –The keeping of records of meetings –Rules for adjournment (ending meetings)
Article 1, Sections 1-6 cont. Section 6: establishes how senators and reps. are paid. Section 6: establishes how senators and reps. are paid. –No senator or rep can be arrested while attending meetings in Congress –They cannot be punished for anything said during debate –Senators and reps cannot hold any other office in the U.S. gov’t while serving in Congress
Article 1, Sections 7-10 Section 7: explains how new laws are passed Section 7: explains how new laws are passed –A bill may be introduced in either the House or the Senate. Bills regarding raising money can only be introduced in the House. –Bill must be approved by a majority vote in both houses. –To become a law, the president must approve the bill. The president also has the power to veto a bill. –The bill can still become a law if 2/3 of both houses vote to override the veto. –This ensures that neither the president or the Congress has too much power.
Article 1, Sections 7-10 cont. Section 8: specific powers of Congress are called enumerated powers. They include the power to tax, to borrow money, and to set up courts. Section 8: specific powers of Congress are called enumerated powers. They include the power to tax, to borrow money, and to set up courts. –Clauses give Congress control over the military –Clause 17 gives Congress legislative control over the District of Columbia, the seat of the federal gov’t –Clause 18-the elastic clause-gives Congress the power to do what is “necessary and proper” to carry out its powers; called elastic because it can be used to expand the powers of Congress.
Article 1, Sections 7-10 cont. Section 9: tells what powers Congress does not have. Ex: gov’t cannot take away a citizen’s right to a fair trial Section 9: tells what powers Congress does not have. Ex: gov’t cannot take away a citizen’s right to a fair trial Section 10: tells what powers the states do not have. Ex: cannot exercise powers given to Congress in Section 8; cannot tax imports or exports Section 10: tells what powers the states do not have. Ex: cannot exercise powers given to Congress in Section 8; cannot tax imports or exports
Article 2: The Executive Section 1: The Presidency Section 1: The Presidency 1.1: creates offices of president and vice- president; terms are for 4 yrs.; President is leader of executive branch—chief duty is to carry out the laws of the nation 1.1: creates offices of president and vice- president; terms are for 4 yrs.; President is leader of executive branch—chief duty is to carry out the laws of the nation 1.2: Electoral College: Legislature appoints electors, who cannot be Senators/Reps.; elector numbers equal the # of senators and reps for that state; D.C has 3 electors; electors generally vote for the candidate who has received the most votes in that state, but they are not required to do so. 1.2: Electoral College: Legislature appoints electors, who cannot be Senators/Reps.; elector numbers equal the # of senators and reps for that state; D.C has 3 electors; electors generally vote for the candidate who has received the most votes in that state, but they are not required to do so.
Article 2: The Executive cont. 1.3: created original rules for electing the president 1.3: created original rules for electing the president 1.4: Congress can determine when electors are chosen and when they cast their votes 1.4: Congress can determine when electors are chosen and when they cast their votes 1.5: Qualifications for president 1.5: Qualifications for president –A natural-born citizen: a citizen born in the U.S. or a commonwealth of the U.S. or to parents who are U.S. citizens living outside the country –35 yrs. Old –A resident of the U.S. for 14 yrs.
Article 2: The Executive cont. 1.6: succession—what happens if the president cannot complete his/her term; vice-president takes over; Congress decides if neither can complete the term 1.6: succession—what happens if the president cannot complete his/her term; vice-president takes over; Congress decides if neither can complete the term 1.7: sets president’s salary; cannot be changed during president’s term of office 1.7: sets president’s salary; cannot be changed during president’s term of office 1.8: establishes the oath of office 1.8: establishes the oath of office 2.1: makes president commander-in-chief of the armed forces 2.1: makes president commander-in-chief of the armed forces 2.2: gives president power to appoint ambassadors, federal judges, and other officers of the U.S. gov’t 2.2: gives president power to appoint ambassadors, federal judges, and other officers of the U.S. gov’t
Article 2: The Executive cont. Section 3: other duties of the president; includes the requirement to give Congress “information of the State of the Union;” this speech is delivered every year Section 3: other duties of the president; includes the requirement to give Congress “information of the State of the Union;” this speech is delivered every year Section 4: explains that the president and other officers can be removed from office if impeached or convicted of other crimes, including treason, bribery, and other serious offences Section 4: explains that the president and other officers can be removed from office if impeached or convicted of other crimes, including treason, bribery, and other serious offences
Article 3: The Judiciary Section 1: sets up judicial branch of the gov’t with the Supreme Court as the highest court in the nation. Section 1: sets up judicial branch of the gov’t with the Supreme Court as the highest court in the nation. Judges serve for life unless they are found guilty of misbehavior Judges serve for life unless they are found guilty of misbehavior Section 2: federal courts’ jurisdiction (authority) over these types of cases Section 2: federal courts’ jurisdiction (authority) over these types of cases –Ambassadors/other pubic officials –Issues related to shipping –The U.S. gov’t –Disagreements btw 2 or more states –Disagreements btw citizens of different states Section 3: defines the crime of treason
Articles 4-7 Article 4: State relations Article 4: State relations –states must honor one another’s laws, records, and court rulings –citizens of any of the states are citizens of the whole nation –allows for extradition for criminals who escape to other states –process for forming new states –Congress can regulate any property/territory of the U.S. –Guarantees that states will have a republican form of gov’t
Articles 4-7 cont. Article 5: Amending the Constitution Article 5: Amending the Constitution –Proposing: at least 2/3 vote of both houses of Congress OR 2/3 state legislatures call for a national convention –Ratifying: at least ¾ approval of state legislatures or ¾ approval at a state convention –This process ensures that it is not too easy to accept and approve every change that is brought to Congress.
Articles 4-7 cont. Article 6 Article 6 –The new federal gov’t assumes responsibility of all debts incurred before the ratification of the Constitution –Laws of federal gov’t are laws of the nation; if there is a conflict, the federal laws take precedence over state laws –Senators and reps must take an oath to support the Constitution; no religious test shall ever be required to hold public office in the U.S. Article 7: the Constitution will go into effect as soon as nine states voted to accept it. (9 was more than 2/3)
The Bill of Rights Importance: guarantees our individual freedoms and protects citizens from gov’t interference Importance: guarantees our individual freedoms and protects citizens from gov’t interference 1 st : basic civil liberties: freedom of religion, speech, the press, assembly, and to petition 1 st : basic civil liberties: freedom of religion, speech, the press, assembly, and to petition 2 nd : gov’t cannot prevent people from having weapons 2 nd : gov’t cannot prevent people from having weapons 3 rd : during peacetime, citizens cannot be forced to let soldiers stay in their homes 3 rd : during peacetime, citizens cannot be forced to let soldiers stay in their homes 4 th : people’s right to privacy; search warrants 4 th : people’s right to privacy; search warrants
Bill of Rights cont. 5 th : an official accusation must be issued before a citizen can be held for a serious crime; prevents double jeopardy; guarantees due process of law, or fair treatment; citizens can refuse to testify when their own testimony might incriminate them 5 th : an official accusation must be issued before a citizen can be held for a serious crime; prevents double jeopardy; guarantees due process of law, or fair treatment; citizens can refuse to testify when their own testimony might incriminate them 6 th : guarantees the right to a speedy and public trial, the right to know the charges and to have a lawyer to help defend themselves in court 6 th : guarantees the right to a speedy and public trial, the right to know the charges and to have a lawyer to help defend themselves in court 7 th : ensures a trial by jury 7 th : ensures a trial by jury
Bill of Rights cont. 8 th : limits the fines and punishments the gov’t can impose 8 th : limits the fines and punishments the gov’t can impose 9 th : guarantees that rights are not denied to the people simply b/c they have not been mentioned in the Constitution 9 th : guarantees that rights are not denied to the people simply b/c they have not been mentioned in the Constitution 10 th : establishes the reserved powers-powers not specifically given to the nat’l gov’t, as long as they are not specifically denied to the states, are reserved for the states and the people 10 th : establishes the reserved powers-powers not specifically given to the nat’l gov’t, as long as they are not specifically denied to the states, are reserved for the states and the people