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“No society can make a perpetual constitution
“No society can make a perpetual constitution. The earth belongs always to the living generation and not the dead. … Every constitution, then, and every law, naturally expires at the end of 19 years.” - Thomas Jefferson, 1789
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Article 1: The legislative branch
The Constitution Article 1: The legislative branch
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Structure of the Constitution
Preamble: We the People etc. etc. Article 1: Legislative Branch (Congress) Sections Article 2: Executive Branch (President) Sections 1 - 4 Article 3: Judicial Branch (Supreme Court) Sections 1 - 3 Articles 4-7 The 27 Amendments First 10 amendments = Bill of Rights ^^ THE CONSTITUTION ^^
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What is included in Article 1?
An overview of how the legislative branch runs. What kinds of things does it cover? The requirements for Representatives and Senators. How members of Congress are elected. How the two bodies of Congress are constituted. How members of Congress are paid. The process by which laws pass. The powers of Congress, and the powers denied to Congress.
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Section 2: House of Representatives
Number of members based on a state’s total population Representatives serve a term of two years To become a U.S. Congressman, you must be 25 years old, a citizen of the U.S. for seven years, and live in the state you’re representing. How do they determine number of representatives? The Census. The House has the SOLE power to impeach the president. Examples? Andrew Johnson, Bill Clinton, Richard Nixon
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Section 3: The Senate Number of members based on equality among the states. To become a U.S. Senator, you must be 30 years old, have 9 years as a citizen, and live in the state that elects you. If a senator resigns or is removed while legislature not in session, governor of that state appoints a new one. Who is the president of the Senate? When does he vote? If VP can’t serve, who does? President Pro Tempore Senate has SOLE power to try impeachment brought by House. Two- thirds of Senate must agree. The only punishment is removal from office.
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Section 4: Elections Who decides how elections of Representatives and Senators take place? The state legislatures Does anybody know what’s happening with this right now in North Carolina? Congress must meet at least once a year
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Section 5: Congressional Behavior
Congress makes it own rules concerning punishments, proceedings and lawmaking. One house of Congress can only adjourn with the permission of the other house.
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Section 6: Payment & Rules
Who decides the salaries for Congress? Congress does. Must be approved by the President Congressmen can only be arrested for treason, felony or disturbing the peace. Legislative Immunity: Can’t get in trouble for what you say or do in service of the government. They can still be arrested, convicted and sentenced! Former NJ Sen. Bob Menendez
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Section 7: Making Laws A bill proposed in the House or Senate is either rejected or submitted to be discussed on the floors of Congress and in subcommittees If it passes, it moves to the other chamber. If it passes there, it is sent to president The president can either: Sign the bill into law Veto the bill, returning it to Congress Congress can override a veto with 2/3 vote in both House & Senate
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Section 8: The Delegated Powers
Delegated powers are found in Section 8 What are three types of delegated powers? Expressed – 27 of these, in 18 clauses Implied Powers – Where are they? Clause 18: The Necessary & Proper Clause AKA the what? Inherent – Powers not explicitly mentioned, but that all sovereign governments possess
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Section 9 & 10 Section 9: Powers expressly denied to U.S. Congress by the Constitution Section 10: Powers denied to the state legislatures.
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Congressional Powers Exercise
With seat partner, group the powers of Congress in ways that make sense to you. On a separate sheet of paper, answer these three questions with your partner: 1. What groups did you choose? Why? 2. What two or three powers stood out to you? 3. Where did you group the elastic clause, and why?
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