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Published byJayson Hamilton Modified over 8 years ago
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The Annapolis Meeting Attempt to discuss changes of the AoC Only 12 people showed up representing 5 states Called for a meeting in May 1787 to discuss changes Known as the Constitutional Convention
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The Philadelphia Convention Gentlemen in Philadelphia 55 men from 12 of the 13 states Rhode Island decided not to show up Most were wealthy planters and merchants College graduates Coastal residents from larger cities Who is the “Father of the Constitution”? James Madison
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Five Principles of Government Popular Sovereignty Rule of the people provides legitimacy for the gov’t Limited Government Gov’t that is bound to certain principles by a constitution Federalism System that allows states to share power with the nat’l gov’t Each level has their own responsibilities Separation of Powers Providing different branches of gov’t with different but equal powers Checks and Balances Each gov’t branch balancing the others to ensure no one becomes too powerful
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Article I – Legislative Branch House Elected every 2 years 25 years old and inhabitant of the state Chosen by population Choose Speaker of the House and other officers Sole power of impeachment Senate 2 senators from each state Elected every 6 years 30 years old and 9 year US citizen and must live in the state elected from Choose officers: Pro Tempe – presides when VP not there Power to try impeachments
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Article I con’t Section 6 No Congressman can serve in an office in the Executive or Judicial branch while keeping office in Congress Why? Section 7 Bills originate in the House but the Senate can amend any bill sent to it
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Section 8 – Major Powers of Congress Levy taxes “Commerce Clause” Regulate commerce btw states and int’l powers Determine naturalization Coin $ Copyrights and Patents Declare war Why is this not given to the C-in-C? “Necessary and Proper Clause” “Elastic Clause” - provides constitutional basis for implied powers of Federal gov’t More Article I…
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Almost There! Section 9 – What Congress Can’t Do Suspend Writ of Habeas Corpus Cannot be detained without knowing why and being brought before a judge “in due time” Why? Issue a Bill of Attainder or ex post facto law Need to have a trial! All states must be treated the same by Congress
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Article II – Executive Branch Establishes president title Serve 4 years Naturalized citizen 35 years old Electoral College Each state appoints “electors” equal to their number of Senators and Representatives No sitting Congressman could be chosen Why?
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Article II – It doesn’t end there… Powers and Duties Veto and approval powers for legislation (1.7.ii) Commander-in-Chief Make treaties, appoint ambassadors, justices, With the consent of who? Senate How many must say yes? Simple majority Impeachment Must be for treason, bribery, or other high crimes
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Article III – Judicial Branch Vested in the Supreme Court (high court) Congress may from time to time establish other courts Justices hold office until they die or retire Have authority over a case depending on the subject matter or who’s involved Appellate Jurisdiction – court’s power to hear a case on appeal from a lower court Original Jurisdiction – hear the case in the first instance, not on an appeal SC has both – but its normally on appeals
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Article III - Treason Definition (only defined crime in the Constitution) Only in times of war Only done by a citizen or resident alien Must have two credible witnesses Punishment Congress declares punishment Cannot punish descendants or family of the convicted
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Article IV – How the States Get Along Key – Each state must recognize the validity of the laws and decisions of other states Fleeing the law If you are caught in one state after committing a crime in another, you must be sent back to the state where you committed the first crime Only new states can be admitted to the Union US gov’t will ensure all states will be protected from foreign and domestic invasion Why?
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Article V – Amending this thing Proposing Amendments 2/3rds of the House 2/3rds of the State legislatures Ratifying Amendments 3/4 th s of the states 3/4 th s of the states in conventions called for that purpose
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Article VI – Supremacy of Nat’l Gov’t Supremacy Clause (VI.2) National gov’t has the ability to supersede any state law that contradicts nat’l law “This Constitution…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby…”
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Article VII - Ratification Required 9 of the then 13 states Why? Signed by the majority of the framers on 17 September 1787 Only 39 actually signed 3 because they did not believe in the document Eldbridge Gerry (MA) Edmund Randolph (VA) George Mason (VA)
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