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Chapter 8: The Constitution of the United States
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What does it mean to be a Citizen?
Rights: protection from unfair government (due process) , equal protection, and basic freedoms (first amendment and BOR) Citizenship: must be born in the US or US territory, be the child of a US citizen, or need to have gone through naturalization. Duties: things we MUST do, such as obeying the law, paying taxes, sitting on a jury, and defending the nation. Responsibilities: things we SHOULD do, such as voting, and taking part in our community.
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The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
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Article I. Deals with the creation, and function of the legislative branch. Main function is to create laws. Senators: “upper house,” with 2 per state for a total of 100. They elect the president pro tempore to act in the absence of the VP. Representatives: “lower house,” with representation dependent on population of state, from a total of 435. They elect the speaker of the house, who is third in line of succession in the absence of the president and VP. Hold the power of Impeachment
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Line of Succession: 1. President Trump, 2. VP Mike Pence, 3
Line of Succession: 1. President Trump, 2. VP Mike Pence, 3. Speaker of the House Nancy Pelosi, 4. President pro tempore Chuck Grassley
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Article I. How do laws become laws? (it was not meant to be easy). It must be approved by HOR and senate before it moves to the president. Enumerated powers/ Expressed powers: powers DIRECTLY STATED in the constitution and given to congress # 1-18, which includes: collecting taxes, borrowing money, regulating trade with foreign nations, establishing a process of naturalization, coining money, declaring war, and raising an army and navy. Elastic Clause: allows congress to make “all laws that are necessary and proper” to carry out the other expressed powers. Allows congress to “stretch” its power to deal with situations the founders never dealt with. Gives congress “implied powers” or those not directly stated.
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Article I. Habeas Corpus: A criminal MUST BE BROUGHT to court and present evidence of why they are being held. Bill of Attainder: You cannot jail someone without taking them to a jury Ex post Facto law: You cannot punish someone for an act that was legal before and now is not. Ex. Joseph can chew gum in class. Tomorrow, I make a law that says you cannot chew gum. He cannot be punished for something he did today.
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Article II Creates the executive branch, who carry out/ enforce laws, with the president and VP in charge. They also have heads of the executive departments (the cabinet) with them. Ex: secretaries of state, treasury, defense, attorney general, etc. Two 4-year terms The president, a civilian, is in charge of the armed forces Powers: direct foreign policy, names ambassadors, and creates treaties. Executive order: power given to the president which may be used to override the constitution and congress in times of emergency so long as it is done to preserve the union.
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Article III. Creates the supreme court who interpret laws, with systems in place for the creation of smaller courts Supreme/ federal court: derives power from the constitution, and deal in “statute laws” (laws passed by congress). 9 justices appointed by the president, who serve for life. Lower courts: derive their power from laws and constitutions of their own states Judicial review: determines if something done by the other branches of Gov’t violates the constitution.
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Articles IV-VII IV: Deals with relations states have with each other and the national government, how new states can be added, and that the national gov’t will protect citizens from invasion and domestic violence. V: Details the amendment process. Currently 27 amendments, with the first 10 being the bill of rights VI: Supremacy clause VII: ratification (9/13 states need to approve the constitution)
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