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Published byJeffery Birkbeck Modified over 9 years ago
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The Constitution of the United States: The Rule Book for the Nation
Making of the Modern World Hindes
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The Preamble: The introduction to the Constitution
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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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Organization of the Constitution: The table of contents
Articles – Largest Chunks or Chapters Article 1 - The Legislative Branch Article 2 - The Executive Branch Article 3 - The Judicial Branch Article 4 - The States Article 5 – Amendment Article 6 - Debts, Supremacy, Oaths Article 7 – Ratification Sections – Most Articles are broken into smaller parts Clauses – Most Sections are made up of even smaller pieces The system helps identify location of information.
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Separation of Powers: Federalism & Checks and Balances
Federal Government “Supreme Law” - Art. 6 Cls. 2 State Governments “Local Control”
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Legislative Process: How a Bill becomes Law
The Basic Law Making Process House Senate 1st Reading – Send to Committee 1st Reading- Sent to Committee Committee Work 2nd Reading & Floor Debate 2nd Reading and Floor Debate 3rd Reading & Vote – Sent to Senate 3rd Reading & Vote – Sent to House Conference Committee Process (if needed) Bill sent to Executive for Signature Law If the Executive Vetoes the Bill the Legislative Branch can override the veto with a 2/3 majority in both chambers. Basically, a bill must pass through both the House and Senate AND get signed by the Executive to become a law.
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Amending the Constitution: How to clarify or make changes to the rules.
Article 5 outlines the rules for amending the Constitution Clarify the rules Detailed explanation of citizenship in the 14th Amendment: “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.” Change the rules Such as the 17th Amendment changing who elects Senators: “The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years;” The Bill of Rights were the First 10 Amendments Intended to protect the rights of the people.
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Due Process of Law: How laws are enforced
The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.' Trials Right to a fair and public trial Right to be present at the trial Right to an impartial jury Right to be heard in one's own defense Taxes may only be taken for public purposes Property may be taken by the government Only for public purposes Owners of taken property must be fairly compensated
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Judicial Review: (not explicitly in Const
Judicial Review: (not explicitly in Const.) Power of the courts to overturn or limit laws that are determined to be unconstitutional. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law. Marbury v. Madison, 1803 Supreme Court Case The Supreme Court decided that a law that violates the “rules” can be declared unconstitutional and struck down. Established the power of “judicial review”. Appeals Process Claimants must work their way up through the lower courts before appealing to the Supreme Court. State District Court State Appeals Court State Supreme Court Federal District Court Federal Appeals Court USSC* * When challenging Federal Law start in Federal. Court.
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