The Constitution James MadisonAlexander Hamilton

I. Separation of Powers The powers of the Federal Government are divided between three branches Executive Branch Legislative Branch Judicial Branch

Federal Government Organization

Duties of Executive Branch The Executive Branch has the power to enforce the laws.

President and Vice President

Powers of the Executive Branch President may recommend laws. President may call special sessions of Congress. President may veto bills. President may pardon all federal offenders. President may appoint all federal judges. Commander in Chief of the Armed Forces

Executive Organization

Duties of the Legislative Branch Legislative Branch makes the laws.

Legislative Branch Olympia J. Snowe

Powers of The Legislative Branch Senate may reject treaties. May impeach or remove President from office. Senate may refuse to confirm presidential appointments. May override President’s vetoes. Proposes Amendments to Constitution May refuse to confirm judicial appointments. May impeach and remove federal judges. Creates lower federal courts and sets judges’ salaries. Declare War

House of Representatives Lower House Each Congressman represents a district of about 450,000 voters. Speaker of the House is the Presiding Officer of the House Terms for Congressman are 2 Years There are 435 Members of the House All Congress members run every 2 years All revenue (taxation) bills must begin in the house They are very accountable to the people.

Senate Upper House Each State has 2 Senators Senators terms are for 6 years Only 1/3 of the Senators run every 2 years Vice President is the Presiding Officer of the Senate The Vice President breaks all ties on votes in the Senate.

Judicial Branch The Judicial Branch interprets the law.

Judicial Branch William Rehnquist

Powers of the Judicial Branch May rule that laws are unconstitutional. May rule that Executive acts are unconstitutional.

Judicial Branch Federal Judges serve lifetime terms. This “insulates” them from pressure from the populace. They are free to pursue justice as they see fit absent political pressure.

II. Checks and Balances Checks and Balances were written into the constitution so that no branch would gain excessive power or superiority over any of the other branches. Each branch received specific checks on the other two under the Constitution. Theoretically, the framers sought to create three equal branches of the Federal government.

Executive Checks on the Legislative President can Veto Bills passed by Congress. President can call special sessions of Congress. President can recommend legislation to Congress.

Executive Checks on the Judicial President appoints all Federal Judges. President has power to pardon people.

Legislative Checks on the Executive Congress can override Presidential vetoes by a 2/3 majority of both houses. Congress provides “advise and consent” to presidential judicial and executive appointments. Senate can reject treaties. House can impeach and Senate can convict the President.

Legislative Checks On the Judicial Proposes Amendments to Constitution May refuse to confirm judicial appointments. May impeach and remove federal judges. Creates lower federal courts and sets judges’ salaries

Judicial Check on the Executive Courts may rule that Executive acts are unconstitutional.

Judicial Check on the Legislative Courts can rule that laws passed by Congress are unconstitutional.

III. Federalism Federalism is the separation of powers between the Federal government (Washington) and the State Governments (50 States).

Federal Government Mt. Rushmore

Powers of Federal Government Regulate interstate and foreign commerce Coin money. Declare war. Establish postal system. Establish federal courts. Set standards for weight and measures. Pass laws needed to carry out it’s powers. Admit new states.

Powers of Federal Government Coin Money Armed Forces

Powers of the State Governments Conduct Elections. Determine voting requirements. Establish local governments. Provide for public safety. Enforce Laws. Lay and collect taxes. Establish courts.

State Capitol State Courts State Law Enforcement Powers of the State Governments

Concurrent Powers (State and Federal Governments) Enforce laws Borrow Money Lay and Collect Taxes Establish Courts Charter Banks Provide for the General Welfare

Concurrent Powers (State and Federal Governments) Law Enforcement Public Safety State Banks

IV. Bill of Rights First Ten Amendments The Bill of Rights were added to the Constitution shortly after the Constitution was ratified. They were added to protect individuals’ rights and preserve certain freedoms from encroachment from the government.

Amendment 1 This amendment gives people the right to freedom of religion,speech and press. It also protects the peoples’ rights to assemble and petition the government.

Amendment 2 This amendment states that people shall have the right to a well regulated Militia, security of a free state and it states that it is the right of the people to keep and bear arms.

Amendment 3 Government cannot put soldiers in any private home without the consent of the owner

Amendment 4 The Government does not have the right to unreasonable searches and seizure.

Amendment 5 No double jeopardy. A person does not have to testify against himself. Every citizen is guaranteed due process.

Amendment 6 This is the right to a speedy trial and the ability to obtain witnesses in his favor. Judge Judy

Amendment 7 The right to a jury if so desired when the controversy is over 20 dollars. No fact tried by a jury can be reexamined in any court of the united states.

Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

V. Amendments Amendments were added over time to address needs that were absent from the original Constitution and the Bill of Rights. These Amendments are what make the Constitution a truly “breathing” document.

Amendment 11 The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Amendment 12 The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President If such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President.

Amendment 13 Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation.

Amendment 13

Amendment 14 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Amendment 14

Amendment 15 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

Amendment 15

Amendment 16 The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

Amendment 16

Amendment 17 The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

Amendment 17

Amendment 18 After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Amendment 18

Amendment 19 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.

Amendment 19

Amendment 20 The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Amendment 20 Roosevelt

Amendment 21 The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Amendment 21

Amendment 22 No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term.

Amendment 22

Amendment 23 The District constituting the seat of government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous state; they shall be in addition to those appointed by the states, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a state; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Amendment 24 The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax.

Amendment 25 In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Amendment 25 JFK

Amendment 26 The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

Amendment 27 No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

VI. How a Bill Becomes a Law The steps required for a bill (proposed law) to become a law are very specific under the Constitution. There is a step by step process which takes place. Some of the steps are outlined in the Constitution while some have evolved under the rules of the House and Senate.

Beginning in the House United States Capitol Building

Beginning in the House Steps in the House Bill is introduced by a member of the House or Senate (We will assume it is introduced in the House in this example) The bill is assigned to the committee in the House. Hearings are held in committee in the House. The bill passes out of committee in the House. The bill goes to full House. The bill passes full House.

On To The Senate Senator Jesse Helms (R-N.C.)

On To The Senate Steps in The Senate The bill is assigned to appropriate committee in Senate. Hearings are held in the Senate committee. The bill is passed out of the Senate committee. The bill is sent to full Senate The bill passes full Senate.

Reconciliation (Conference Committee) Current Members of the House and Senate

Reconciliation (Conference Committee) The bill goes to conference committee (conference committee is made up of Senate and House members to reconcile differences in two versions of bill). Bill is debated in Conference Committee. Reconciled Bill is passed out of Conference Committee.

Back to The Two Houses

Reconciled bill passes both houses (Senate and House).

Presidential Action President Ronald Reagan

Presidential Action Bill goes to President. President either signs or vetoes the bill. If the President signs the bill it becomes law. If the President vetoes the bill, it goes back to congress.

Back To Congress

Congress may override the President’s veto by a two thirds vote. If Congress overrides veto by two thirds vote, the bill becomes a law. If Congress fails to muster the 2/3 majority needed to override the Presidential veto in EITHER house, the bill fails and does NOT become law.

VI. Miscellaneous Various and sundry items of importance in the Constitution.

The House House Members shall be : –25 Years Old –Citizens of the United States for 7 years –Resident of the state they represent Vacancies shall be filled by special election

The Senate Senate Members shall be: –30 Years old –Citizen of the United States for 9 years –Resident of the State they represent Vacancies will be filled by appointment by the Governor of their state.

Rules of Congress Each House sets its own rules and punishments. A member may be expelled by a 2/3 vote of the body he is a member of. ALL revenue bills MUST start in the House All legislators receive immunity from civil or criminal suits for anything they say in session

President Qualifications –35 Years old –Resident of the United States –Natural Born Citizen President can temporarily appoint officials when the Senate is not in session.

The Process of Amendment Two methods –2/3 vote in Congress AND 3/4 of the states must approve an amendment. or –3/4 of the States (Conventions) must approve