Constitution

Which question from your handout goes with which section of the Preamble of the US Constitution? Secure the Blessings of Liberty for our Posterity, Promote the General Welfare, Establish Justice, Form a more perfect Union, Insure Domestic Tranquility, Secure the Blessings of Liberty to Ourselves, and Provide for the Common Defense

Exit Ticket – In journals What decisions would the colonists have to make about forming a new government out of 13 colonies which, until 1776, had basically been running themselves independently?

During war, Continental Congress created a set of laws called the Articles of Confederation –Created a national government –Each state kept their own government. Because King and British Parliament had trampled on their rights – the colonists wanted to make sure that their new nation of states would be created in a way that no one group or one person could get too much power!!!!! They were too cautious - Made new national government too weak. Articles were thrown out – Constitution was written!!!!!

Great Compromise What was the issue? Compromise

Great Compromise What was the issue? Representation of states in federal government Small states vs. Large states Compromise Bicameral Legislature – two houses in Congress Senate – equal representation House of Representatives – representation based on population

3/5 th Compromise What was the issue? Compromise

3/5 th Compromise What was the issue? South wanted slaves to count in their population total = more representation Compromise Slaves were 3/5ths of a person.

Election of President What was the issue? Compromise

Election of President What was the issue? Elite men did not trust poorer, uneducated people to pick president Compromise Electoral college elects president Electoral college voters are representatives from state

The Electoral College and the Constitution

Bill of Rights What was the issue? People were afraid that new government would be too strong and take away individual freedom the way the British government had. Compromise First ten amendment added in 1791 to safeguard certain rights.

Government Structure What was the issue? Compromise

Government Structure What was the issue? Fear of one person or group getting too much power Compromise Three branches of government with checks and balances

Ratification 9 of 13 states needed to vote to ratify in special session to adopt the Constitution Federalists agreed to add Bill of Rights to appease the Anti – Federalists.

Key Concepts Define following: Federalism Delegated Powers Reserved Powers Concurrent Powers

Key Concepts Define following: Federalism – government were power is divided amongst state and national governments Delegated Powers – delegated to the national government Reserved Powers – reserved for the state governments Concurrent Powers – powers shared by national and state governments

Article I – The Legislative Branch Senate Number of Senators = 100, 2 from each state Term = 6 years (every two years, 1/3 of seats are up for election) Qualifications: 30 years old, 9 years a U.S. citizen, resident in the state you will represent Vice President of U.S. presides over Senate 1/3 elected every two years Unlimited terms Governors of the state can fill vacancy House of Representatives Number of Representatives = 435 Number from Illinois (2010) - 18 Term = 2 years Qualifications: 25 years old, 7 years a U.S. citizen, resident in district you will represent Speaker of the House presides over House of Representatives Unlimited terms Special election held if vacancy occurs Reapportionment – census can change number of representatives from each state Each state must have one.

Powers Delegated to Congress ENUMERATED 1.Taxes 2.Borrow Money 3.Regulate trade 4.Naturalization and Bankruptcy 5.Make Money 6.Punish counterfeiting 7.Establish post offices 8.Copyrights and Patents 9.Create lower courts 10.Piracy 11.Declare war 12.Provide money for armed forces 13.Maintain Navy 14.Rules for naval forces National Guard 17.Oversee D.C. 18.Necessary and Proper (Elastic Clause)

Vacancy –House = governor holds special election –Senate = governor appoints Impeachment –House – sole power to impeach 218 votes needed –Senate – tries impeachment (acts as jury) 2/3 needs to convict – 67 votes –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

Elections –National Election Day was set by Congress (1 st Tuesday after the first Monday of November) Adjournment –Adjourn—to stop meeting –Consent—Need consent of the other house if you are going to adjourn for more than three days (law making process would stop if only one house adjourns, usually joint adjournment)

Privileges and Restrictions - Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress - Slander—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)

Article II—Executive Branch President & Vice President Term = 4 years 1951—22 Amendment changed it to a maximum of 2 terms or ten years Qualifications U.S. President 35 years old 14 year resident natural born citizen President – Barack Obama Vice-President – Joseph Biden Assume Duties – January 20 th Sick, Dies, Resigns = Vice –President takes over Impeached = Chief Justice of the Supreme Court ***President selects new Vice-President if position becomes vacant (dies, resigns, impeached)

Powers of the President Military Powers - President is the head of the military - Commander in Chief - President can grant pardons to criminals who have committed federal crimes Treaties and Appointments - President needs approval by the U.S. Senate to create certain and specific treaties and appointments

How does a bill become a law? 1 st - passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law 2 nd -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 3 rd - 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

 Pocket Veto - What if Congress adjourns and a bill has not been signed by the President? Passes one house by majority vote, passes second house by majority vote, goes to president, delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW (Reagan had 8 pocket vetoes)

Powers Denied to the Federal Government Habeas corpus - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence No ex post facto – laws made after the fact No titles of nobility Cannot form treaties or alliances with any other states or countries coin money harbor troops in times of peace engage in war tax imports or exports with the consent of Congress Powers Denied to the States

Article III—Judicial Branch - Judicial powers—the power to hear cases - Federal Judges are appointed by the President and approved by the Senate Jurisdiction—power and right to apply law How does a case reach the Supreme Court? 1)Original—a case is first heard by the SC 2)Appellate—cases that are appealed by a lower court (Most cases come to the SC through appellate jurisdiction) About 75 are heard each year

Treason Only crime defined in the Constitution (helping a nation’s enemies or carrying out war against your country) 2 ways of being convicted: 1. Confession in court room 2. Having two witnesses testify against you Treason can only happen during time of war Maximum penalty is death Espionage, Sabotage, conspiracy to overthrow the government are all similar to treason but happen during times of peace

Article IV—Relations Among the States Full faith and credit Each state shall respect legal action of another state (marriage licenses, speed limits, fines, drivers license) Only Congress can admit states Congress will make all laws for all U.S. territories.

Article V Methods of Amendments 1 st Method - need 2/3 of Congress to PROPOSE an Amendment Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention.  Over 4000 proposed Amendments since the early 1800s  Only 27 have been ratified  1 st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process

Article Seven--Ratification Section One—  Convention—calling of delegates from each state to ratify the Constitution  Must have nine states to approve the Constitution

FEDERAL GOVERNMENT Washington D.C. Congress House of Representatives = 435 Term = 2 years Qualifications = 25 years old, 7 years a citizen, live in district Senate = 100 Term = 6 years Qualifications = 30 years old, 9 years a citizen, live in state STATE GOVERNMENT Springfield, Illinois General Assembly House of Representatives = 118 Term = 2 years Qualifications = 21 years, resident for 2 years in your district Senate = 59 Term = 4 years Qualifications = 21 years, resident for 2 years in your district

Ratified! Constitution was finished September 17, total delegates during the convention 42 were present on the final day but only 39 people signed the Constitution The following two years provided debate for ratification The United States Constitution took effect April 30, 1789 when George Washington was sworn in as President

3 Branches of Federal Government Legislative Makes Laws Congress Executive Enforces Laws President Vice-President Cabinet Judicial Interprets Laws Judges

3 Branches of Federal Government __________ Makes Laws Congress _________ Enforces Laws President Vice-President Cabinet __________ Interprets Laws Judges