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The Constitution of the United States of America.

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Presentation on theme: "The Constitution of the United States of America."— Presentation transcript:

1 The Constitution of the United States of America

2 Article I The Legislative Branch Section 1 There will be a Two-House Legislature

3 Section 2 House of Representatives Every two years Representatives will be elected Qualifications: 25 years old, citizen for 7 years, and live in the state they represent Population of the state determines the number of representatives they have Any vacancies in the House is filled by a special election, called by the governor of the state that has the vacancy

4 Section 2 cont. The members of the House choose their own officers The House of Representatives have the power of impeachment

5 Section 3 The Senate Each state will have two senators The senators will be divided into 3 classes, and one class will be up for re-election every two years, meaning that each senator will have a term of 6 years Qualifications: 30 years old, a citizen for 9 years, and live in the state that elected them The President of the Senate, is the Vice President of the United States, and does not get to vote unless it is to break a tie.

6 Section 3 cont. The Senate chooses its own officers, and a fill in for the President of the Senate The Senate shall have the sole power to try all impeachments The only punishment Congress can give in case of impeachment is removal from office. However, the person removed from office is still punishable by law.

7 Section 4 – Elections and Meetings The time, places and the way in which elections are held is decided by the legislature of the state, the US Congress can pass a law to change it for any election except one that elects senators and representatives The Congress has to meet at least once every year.

8 Section 5 – Rules and Procedures Each house has the right to decide if all their members are qualified, and judge elections. Also, in order to do business the majority of the members need to be present. Each house makes rules for its members. Members may be expelled by a 2/3rds vote. Each house has to keep record of its activity and publish it. Neither house can dismiss from session for more than 3 days, or move the location of the meeting without the other house knowing.

9 Section 6 – Privileges and Restrictions Senators and Representatives are paid a salary. They can not be arrested while they are in session (for small things). And they cannot be sued or arrested for anything they say in congress. Members of congress can not hold any other federal office while they are in Congress.

10 Section 7 – Lawmaking Process All money bills start in the House of Representatives. The Senate can make changes to the bills. All bills that are passed go to the President. If the President signs the bill it becomes a law, if the President vetoes the bill it goes back to Congress. Congress can override the President’s veto with a 2/3rds vote in both houses. A bill also becomes a law if the President holds it for 10 days without signing it, and Congress is still in session. Every order of resolution of Congress has to be shown to the President.

11 Section 8 – Powers Granted to Congress Collect taxes and pay debts; provide for the nation’s defense and welfare Borrow money Regulate trade Establish laws on citizenship and bankruptcy Make money Determine punishment for counterfeiting Build post offices and roads Issue copyrights and patents Set up federal courts

12 Section 8 – cont. Punish crimes at sea Declare war, and determine punishment for prisoners of war To maintain an army Maintain a navy Make regulations for the armed forces Provide for calling out the National Guard Maintain and train the National Guard Make laws for the District of Columbia and other federal property Make all laws “necessary and proper”

13 Section 9 – Powers Denied to Congress They cannot illegally imprison people(Writ of Habeas Corpus)(Bill of Attainder) They cannot pass laws of unfair punishment(Ex-Post Facto)(Bill of Attainder) They cannot pass any direct tax unless is in proportion to population(Capitation) They cannot tax exports They cannot pass any law that would favor one state over another They cannot spend money that has not been authorized by law They cannot grant anyone a title of nobility.

14 Section 10 – Powers denied to the States No state can make a treaty, alliance, coin money, give credit, pass laws of unfair punishment, or grant titles of nobility. No state can tax imports or exports without the consent of Congress No state can tax ships, keep a regular army, make agreements with other states or with foreign countries; or engage in war unless invaded

15 Article II The Executive Branch

16 Section 1 President and Vice President The President is the chief executive, and holds office with the Vice President for a 4 year term The President is elected by the Electoral College made up of electors appointed by each state. The number of electors is equal to the number of representatives The original process of electing the president and vice president- was changed with the 12 th amendment Congress decides when the electors will be chosen and when they will vote

17 Sec. 1 continued The President and Vice President must be at least 35 years old, a natural born citizen and a resident of the United States for at least 14 years. The process of filling a Presidential vacancy was changed by the 25 th Amendment The President receives a salary, this salary cannot be raised or lowered during a term in office Before he takes office the President must swear to uphold and defend the Constitution.

18 Presidential Oath “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

19 Section 2 – Powers of the President The President is the leader of the country’s military forces, his title is Commander and Chief of the armed forces. The president is also in charge of the state militias when they are called into national services. The President can make treaties with other nations, however, treaties must be approved by two-thirds vote of the Senate. The president can also make executive agreements with foreign governments that have the same force as treaties but do not need senate approval. The President appoints Supreme Court Justices and ambassadors to foreign countries, the Senate must approve these appointments.

20 Section 3 – Duties of the President The President has the power to recommend Legislation. The President must report to Congress at least once a year and make recommendations for laws. This report is known as the STATE OF THE UNION ADDRESS. The President delivers it each January. The President can call special sessions of Congress in times of emergency.

21 Section 4 The President can be forced out of office only if found guilty of particular crimes. This section also protects federal judges and cabinet members.

22 Article III The Judicial Branch

23 Section 1 – The Federal Courts The Supreme Court is the highest court in the nation. It makes the final decisions in all of the cases it hears. Today nine judges sit on the Supreme Court. Congress also has the power to set up a system of lower federal courts. All federal judges may hold their offices for as long as they live.

24 Section 2 – Authority of the Federal Courts Federal courts have the right to hear any case that involves the Constitution, federal laws, treaties, foreign ambassadors and diplomats, naval laws, problems between states, and disputes between a state or citizen and a foreign state or citizen The Supreme Court has the right to hear a case first in just a few instances, like those listed above. In most cases the Supreme Court is an appellate court. An appellate court does not decide guilt – they review the original decision and the court that made the decision The trial of all crimes, except impeachment, shall be heard by a jury – and held in the state where the crime was committed

25 Section 3 -Treason Treason is any act against the United States – such as levying war against them, helping their enemies. No person can be convicted of treason unless the testimony to two witnesses is given in open court Congress has the power to declare the punishment of treason. Congress can not punish the children of traitors by taking away civil liberties or property

26 Article IV Relations Among the States

27 Section 1 – Full Faith and Credit Each state must accept the laws, acts, and legal decisions made by other states.

28 Section 2 – Privileges and Immunities of Citizens States must give the same rights to citizens from other states that they give their own citizens. If a person charged with a crime escapes to another state, he or she must be returned to the original state to go on trial. This act of returning someone from one state to another is called extradition.

29 Section 3 – New States and Territories Congress has the power to create new states out of the nation’s territories. All new states have the same rights as the old states. This clause made it clear that the United States would not make colonies out of its new lands.

30 Section 4 – Protections Afforded to the States by the Nation The federal government must defend the states from attacks by other countries and from rebellions.

31 Article V Provisions for Amendment

32 Description of article 5 An amendment to the Constitution may be proposed either by: a 2/3 vote of each house of Congress or at the request of 2/3 of the states. To be ratified, or approved, an amendment must be supported either by: 3/4 of the state legislatures or by 3/4 of special conventions held in each state. Once an amendment is ratified, it becomes a part of the Constitution, and only a new amendment can change it. Amendments have allowed people to alter the Constitution to meet the changing needs of the nation.

33 Article VI National Debts, Supremacy of Law, and Oaths of Office

34 Article VI sections 1-3 The United States government agreed to pay all debts built up under the Articles of Confederation. The Constitution is the highest law in the nation. Whenever a state law and federal law conflict, the federal law must be obeyed. All state and federal officials must promise to obey the Constitution..

35 Article VII Ratification of the Constitution The framers provided that the Constitution would be approved as soon as nine of the thirteen states votes to Accept it. Each state held a special convention to debate the Constitution. The ninth state to approve the Constitution, New Hampshire, voted for ratification on June 21, 1788. The Constitution went into effect in March 1789.

36 The Amendments 11-27

37 Eleventh Suits Against the States 1795 A citizen from one state cannot sue the government of another state in a federal court. Such cases are decided in state courts.

38 Twelfth Election of President and Vice President 1804 Electors vote for one President and one Vice President. If there is no majority the House of Representatives chooses the President, and the Senate the Vice President.

39 Thirteenth Slavery and Involuntary Servitude 1865 This amendment ended slavery in the United States. It was ratified right after the Civil War.

40 Fourteenth Rights of Citizens 1868 Gives citizenship to the slaves that had been freed, and it also does away with the 3/5 th compromise

41 Fifteenth Right to Vote 1870 Gave African American males the right to vote

42 Sixteenth Income Tax 1913 Congress has the right to put in place an income tax

43 Seventeenth Election of Senators 1913 Senators are elected, not chosen by the state legislatures. Governors appoint someone to fill vacancies until an election is held

44 Eighteenth Prohibition of Alcohol 1919 Banned the sale and consumption of alcohol

45 Nineteenth Women’s Suffrage 1920 Gave women the right to vote

46 Twentieth Presidential Terms 1933 President takes office on January 20 th Congress takes office on January 3 rd If the President elect dies before taking office, the Vice President elect takes the office

47 Twenty-First Repeal of prohibition 1933 Repealed the 18 th amendment The sale and consumption of alcohol is no longer illegal

48 Twenty-Second Presidential Tenure 1951 A president can only be elected to 2 terms. A Vice-President that has served more than 2 years of someone else’s term, can only be elected to 1 term

49 Twenty-Third Presidential electors for the District of Columbia 1961 This amendment gives the residents of the District of Columbia the right to vote in Presidential elections

50 Twenty-Fourth Right to vote in federal elections 1964 People do not have to pay a certain tax in order to vote

51 Twenty-fifth Presidential succession, Vice President vacancy, Presidential inability 1967 If a president dies, or resigns – the Vice President takes over If a president is too sick to perform the duties of office – the Vice President takes over until the President can return Congress can choose to replace the President temporarily with the Vice-President with a 2/3 vote

52 Twenty-sixth Voting Age 1971 Changed to voting age from 21 to 18

53 Twenty-seventh Congressional Pay 1992 Congress can pass laws to change congressional salary – however, it will not take effect until the next term


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