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OPENING Why is it so important to learn about the Constitution?

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Presentation on theme: "OPENING Why is it so important to learn about the Constitution?"— Presentation transcript:

1 OPENING Why is it so important to learn about the Constitution?

2 How does President Obama have the power/authority to ban flights from other countries with people infected with Ebola? Can President Obama change laws on immigrations through an executive order without going through Congress? Can a state prohibit same sex marriage? Can a state ban all forms of birth control? Can a cop search my car when he/she pulls me over for speeding? Under what circumstances can a cop search my home? Can my future employer fire me for something I say that they disagree with? Do we have a “right to die” or can a doctor or family/friend be charged with murder if they assist someone with suicide? How can a President lose the popular vote and be elected president? Do I have to stand up and say the Pledge of Allegiance everyday?

3 Broken into 7 Articles Broken into 7 Articles 1 = Legislative Powers 1 = Legislative Powers 2 = Executive Powers 2 = Executive Powers 3 = Judicial Powers 3 = Judicial Powers 4 = States Powers 4 = States Powers 5 = How to make amendments 5 = How to make amendments 6 = National Debt validation, Supremacy of National Law, Oath to Constitution 6 = National Debt validation, Supremacy of National Law, Oath to Constitution 7 = Ratification of Constitution 7 = Ratification of Constitution

4 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.

5 Do Now: We the People…. 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.

6 Article 1 – Legislative Branch Section 1 Section 1 Congress=House of Reps + Senate Congress=House of Reps + Senate Section 2 Section 2 House of Reps..Lower House House of Reps..Lower House Elected every 2 years Elected every 2 years voted by popular election voted by popular election Qualifications Qualifications 25 years old 25 years old Citizen of US for 7 yrs Citizen of US for 7 yrs live in state elected in live in state elected in

7 Section 2 continued Section 2 continued # of Reps by state determined by Population # of Reps by state determined by Population free persons free persons indentured servants indentured servants 3/5 OTHER PERSONS 3/5 OTHER PERSONS Representation #’s recalculated every 10 years Representation #’s recalculated every 10 years House of Reps choose Speaker of the House House of Reps choose Speaker of the House top position in the House top position in the House Powers Powers Impeachment Impeachment $$$$ Bills $$$$ Bills

8 Are the stipulations assigned to congressmen regarding age and citizenship appropriate? …If so, why? …If not, why not?

9 Section 3 Section 3 2 Senators per state 2 Senators per state Elected every 6 years Elected every 6 years voted by state legislatures voted by state legislatures Today?? Popular election Today?? Popular election Qualifications Qualifications 30 years old 30 years old Citizen of US for 9 years Citizen of US for 9 years Live in state elected in Live in state elected in 3 Senate Classes 3 Senate Classes 1/3 of senate seats come up for reelection every 2 years 1/3 of senate seats come up for reelection every 2 years About 33 in each class About 33 in each class Pres. of the Senate = Vice President Pres. of the Senate = Vice President Deciding Vote if needed Deciding Vote if needed

10 Section 3 Section 3 2 Senators per state 2 Senators per state Elected every 6 years Elected every 6 years voted by state legislatures voted by state legislatures Today?? Popular election Today?? Popular election Qualifications Qualifications 30 years old 30 years old Citizen of US for 9 years Citizen of US for 9 years Live in state elected in Live in state elected in 3 Senate Classes 3 Senate Classes 1/3 of senate seats come up for reelection every 2 years 1/3 of senate seats come up for reelection every 2 years Pres. of the Senate = Vice President Pres. of the Senate = Vice President Deciding Vote if needed Deciding Vote if needed Powers Powers Impeachment trials (2/3 needed) Impeachment trials (2/3 needed)

11 Impeachment – Checks & Balances

12 Laws are not amendments… Laws are not amendments… Not permanent Not permanent Can be removed Can be removed Can Expire Can Expire http://www.yout ube.com/watch ?v=x4ND1tBsM w0 http://www.yout ube.com/watch ?v=x4ND1tBsM w0 http://www.yout ube.com/watch ?v=x4ND1tBsM w0 http://www.yout ube.com/watch ?v=x4ND1tBsM w0

13 Proposed in House (or Senate) Proposed in House (or Senate) Written in House Committee Written in House Committee Voted by House Voted by House Needs simple majority… Needs simple majority… Goes to Senate Goes to Senate Rewritten in Senate Committee Rewritten in Senate Committee Voted by Senate Voted by Senate Needs simple majority… Needs simple majority… Needs to be identical bill Needs to be identical bill

14 Given to President to sign Given to President to sign He can either (3) He can either (3) Sign it Sign it Veto it Veto it Sit on it Sit on it Congress can override his veto (check to his power) with 2/3 rd vote Congress can override his veto (check to his power) with 2/3 rd vote Rare though Rare though

15 Flip to Article 5 Flip to Article 5 Amendment is permanent Amendment is permanent

16 First First 2/3 House & Senate approve 2/3 House & Senate approve Amendment has ~7 years to be ratified Amendment has ~7 years to be ratified 3/4 of State Legs (38/50) ratify it 3/4 of State Legs (38/50) ratify it Second Second 2/3 of state legislatures call for Convention to make an amendment 2/3 of state legislatures call for Convention to make an amendment Congress is overridden Congress is overridden 3/4 of State Legs ratify it 3/4 of State Legs ratify it Still hasn’t been done Still hasn’t been done

17 Section 8

18 1. create and collect taxes, duties, imposts and excises 2. pay debts 3. provide defense and general welfare 4. borrow money 5. regulate commerce 6. create rules for naturalization… 7. create rules for bankruptcies 8. coin money 9. establish post offices 10. post roads 11. granting patents and copyrights 12. DECLARE WAR 13. TO RAISE AND SUPPORT ARMIES 14. TO PROVIDE AND MAINTAIN A NAVY 15. to call militias (national guard) to uphold the Constitution 16. use the national guard to suppress insurrections and invasions 17. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

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21 1. create and collect taxes, duties, imposts and excises 2. pay debts 3. provide defense and general welfare 4. borrow money 5. regulate commerce 6. create rules for naturalization… 7. create rules for bankruptcies 8. coin money 9. establish post offices 10. post roads 11. granting patents and copyrights 12. DECLARE WAR 13. TO RAISE AND SUPPORT ARMIES $$ 14. TO PROVIDE AND MAINTAIN A NAVY 15. to call militias (national guard) to uphold the Constitution 16. use the national guard to suppress insurrections and invasions 17. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

22 1. create and collect taxes, duties, imposts and excises 2. pay debts 3. provide defense and general welfare 4. borrow money 5. regulate commerce 6. create rules for naturalization… 7. create rules for bankruptcies 8. coin money 9. establish post offices 10. post roads 11. granting patents and copyrights 12. declare war 13. to raise and support armies $$$ 14. to provide and maintain a navy 15. to call militias (national guard) to uphold the Constitution 16. use the national guard to suppress insurrections and invasions Title = Elastic Clause Title = Elastic Clause Look at the powers given  to the Congress & try to determine how/where the following laws added power to Congress Look at the powers given  to the Congress & try to determine how/where the following laws added power to Congress Patriot Act 2001 Japanese Internment Camps Affordable Care Act Federal Reserve SEC, EPA, FCC, FAA Immigration Law (never passed) of 2007 + 2011 You come up with one Is it or  to have this in the Constitution? Why? Is it or  to have this in the Constitution? Why?

23 In 1787, the US gov & its powers were SMALL… In 1787, the US gov & its powers were SMALL… Is it today? Is it today? Elastic Clause leads to MANY debates in US1… Elastic Clause leads to MANY debates in US1… Bank of the United States Bank of the United States Roads debate Roads debate And US2… And US2… FDR and New Deal FDR and New Deal And Philsosophically And Philsosophically Loose vs Strict Loose vs Strict

24 Section 9…Powers denied to Congress Section 9…Powers denied to Congress Congress will not stop the migration and importation of “Such Persons” until 1808 Congress will not stop the migration and importation of “Such Persons” until 1808 can put a tax on “Such Persons” can put a tax on “Such Persons” Habeas Corpus shall not be suspended unless in cases of Rebellion or Invasion and the public safety is in question Habeas Corpus shall not be suspended unless in cases of Rebellion or Invasion and the public safety is in question no ex post facto Law shall be passed no ex post facto Law shall be passed no title of nobility will be granted by the USA no title of nobility will be granted by the USA Section 10…Powers Denied to states Section 10…Powers Denied to states Fixes articles of confed. Fixes articles of confed.

25 Section 10…Powers Denied to states Section 10…Powers Denied to states Fixes articles of confed. Fixes articles of confed. First paragraph protections national powers from state incursions (ie No coining money) First paragraph protections national powers from state incursions (ie No coining money) Paragraph 2 – States may not interfere with international trade of US Paragraph 2 – States may not interfere with international trade of US

26 CLOSING What potential problems are there in allowing an elastic clause? How might this defeat the purpose of the constitution? Does it contradict the idea of limited government or is government still limited?

27 First Option First Option 2/3rds House and Senate approve 2/3rds House and Senate approve Amendment has a few years of life Amendment has a few years of life ¾ of State Legs have to approve it ¾ of State Legs have to approve it Second Option Second Option ¾ state Conventions make an amendment ¾ state Conventions make an amendment Congress is overridden Congress is overridden Only done with 21 st amendment Only done with 21 st amendment

28 Article 6…Debts, Supremacy, Oaths All debts that existed before this Constitution (states debts) will be valid against the new Federal Government Supremacy clause!!! States must follow these laws first before their own All Govt. officials are bound to the Constitution by Oath Article 7…Ratification If 9 of the 13 states ratify the Constitution, it will be established

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