The Constitution

The Constitution

Written in 1787

“Intended to govern now and be adoptive for years to come” – John Marshall

All about “POWER”

There are 7 articles

Preamble

We the People of the United States, in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for a 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

Article 1The Legislature

Establishes the Legislative Branch

There are 10 sections within the Article

Article 1: Section 1

All powers vested in a Congress

“The Great Compromise”

535 Members

Each representative represents approximately 600,000

Article 1: Section 2

Standards for the House of Representatives

Qualifications for being a member for the House of Representatives

– 25 years of age

– Citizen for 7 years

– Inhabitant of the state in which you represent

– 2 years terms

Section 2 Cont’d

Provide for the election of the Speaker of the House

Impeachment process which takes a 2/3 vote from the Members of the House.

Article 1: Section 3

Role of the Vice PresidentImpeachment TrialsQualifications for being in the Senate

– 6 Year terms– 30 years of Age– Citizens for 9 years– Inhabitant of the state you represent– Election for 1/3 of the members every two years– Vice President is head of the Senate– President Pro-Tempore

Article 1: Section 4

Manner in which elections are held

Sessions – at least once a year

Article 1: Section 5

Quorum –A majority of the members present in order to conduct the

days business.

Rules of conduct – established by the individual house.

Congressional records – Public information

Article 1: Section 6Salary – Paid by the Government

Privileged from arrest

Can’t have a job in an agency established by congress

Article 1: Section 7

How a Bill becomes a law

Veto Power

Tax bills - Must originate in the HOR

Article 1: Section 8

Powers listed expressly for CongressTaxation – lay and collect in order to pay debts

Credit – To borrow Money

Commerce - Regulate foreign Trade

Naturalization/Bankruptcy

Money – The power to coin money and set the standards of weights and measures

Counterfeiting – Provide the punishment

Section 8 Cont’d

Post Office – Establish post offices and roads

Patents and Copyrights

Federal Courts – As they see fit

International Law – Piracies

War – to declare war on another country

Army/Navy – Raise and support Military, and make the rules to govern the

Military

Section 8 Cont’d

Militia

Establishment of land for Washington DC

Elastic Clause – “The Necessary and Proper Clause” Which says

Congress has the power to pass any law which aides in the governing of the previous laws set forth by this convention

Article 1: Section 9

Powers that are prohibited to congressSlave Trade

Habeas Corpus

Ex post facto laws

Export taxes

Titles of Nobility

Article 1: Section 10

No state shall enter into a treaty with another country

Keep and maintain war equipment during peace time

Article 2

Establishes the Executive BranchThe President

All those who work or are appointed by the President

Job is to enforce or execute the law

What are great Leaderhship

Characteristics?

On a piece of paper write down five great leaders through out

history and why you have chosen them

Jesus

George Washington

Abraham Lincoln

Adolf Hitler

Martin Luther King Jr.

…able reach unthinkable heights

…able to over come a situation that may seem

hopeless.

…always leads the pack, instead of following

…Has the Ability to make their presence known

… and is always able to think outside the box.

Article 2: Section 1Elected to 4 year terms

Electoral College

Succession – V.P.

Salary – Compensated and not increased or decreased during the tenure of

office

Qualifications – Natural Born Citizen

– 35 years of age

– Lived in the US for 14 years

Article 2: Section 1 Cont’d

The Oath of Office

“I do solemnly swear that I will faithfully execute the office of the president of the United States, and will to the best of my ability preserve, protect, and defend the constitution of the United States.”

Article 2: Section 2

Military Powers – Commander-in-Chief

Pardons and Reprieves

Make Treaties

Appointment

Fill vacancies in the Senate

State of the Union Address

Article 3

Judicial Branch

Supreme Court and the federal district Courts

Article 3: Section 1

Supreme court – Decides if a law or action is constitutional or

unconstitutional

Judges are to be paid

Congress has the power to create new lower courts as they see necessary

Article 3: Section 2

Judicial power shall extend to all cases – “Original Jurisdiction”

Citizens guaranteed a trial by jury

Article 3: Section 3

Established what and how treason would be warranted in a case and the punishment

Article 4

The Relationship between the states and the national Government

Relationship between the states and other states

Relationship between the states and the people

Article 4: Section 1

Full Faith and Credit ClauseLicenses

Wedding certificates

Public acts

Judicial Proceedings

Article 4: Section 2

Citizenship – Citizens of one state shall be entitled to the privileges of

citizens of another state

Extradition – Criminals return to the state of the crime

Article 4: Section 3

Admission of New States – New states must be formed from new territories

Congress has the right to rule or govern other territories that are the property

of the United States

Governing of Western Lands 1. Land Ordinance of 1785 2. Northwest Ordinance of 1787

Land Ordinance of 1785

NorthwestOrdinance of 1787

1. Congress would appoint a territorial governor and Judges2. When a territory had 5,000 voting residents, the settlers

could write a temporary constitution and elect their own government.

3 When the total population of a territory reached 60,000 free inhabitants, the settlers could write a state

constitution, which had to be approved by congress before it granted statehood.

Article 4: Section 4

The United States Will Guarantee to all states the right to a republic form of government

Article 5¾ of the states to ratify an Amendment

Bill of Rights Ratified in 1789

Amendment #1

Freedoms AmendmentSpeech

Assembly

Religion

Petition

Press

Amendment #2

Right to bear and maintain armsMilitias

Firearms

Cornerstone of freedom for Citizens

Amendment #3

Quartering AmendmentGovernment can not require citizens to house soldiers

Because of the Intolerable acts

Amendment #4

Searches and Seizures amendmentCan not search your property with a search warrant and or probable cause

Amendment #5

Rights of the accusedGrand Jury indictment

Double Jeopardy

Testify against yourself

Due Process

Property taken without just compensation

Amendment #6

Speedy and Public trialImpartial Jury of peers

Confronted with witnesses

Assistance of Counsel

Amendment #7

Civil Court CasesCases exceeding $20 can be tried by a jury

Amendment #8

Excessive Bail and PunishmentThe punishment must fit the crime

Amendment #9

All rights given in the constitution are not limited to the rights listed in the constituion and rights acquired outside the constitution can be taken from the people by the constitution

Amendment #10

Powers that are delegated to the United States are reserved to the states and the people

Amendment #11

1795

Law suits against states by another state of people from another state are people from a foreign country are to be heard by the federal courts

Amendment #12

1804

Election of ExecutivesIf not a majority the House chooses Pres

Senate Chooses VP

Amendment #13

1865

Abolished Slavery

Amendment #14

1868Civil Rights Amendment

Section 1– All persons Born or naturalized a guaranteed equal protection under the

ConstitutionSection 2

– Rep-representatives are apportioned based on population of their respective areas they represent

Section 3– Cannot work for government if committed a crime against the

government or committed treasonSection 4

– All debts claimed during insurrection shall be voidSection 5

– Congress has the power to enforce this amendment

Amendment #15

1870

Male SuffrageAll males over the Age of 21 regardless of previous condition of servitude are guaranteed the right to vote

Amendment #16

1913

Income TaxCongress has the power to lay and collect taxes on income

Amendment #17

1913

Direct Election of SenatorsEvery State shall have two senators and be elected by the entire state

Amendment #18

1919

ProhibitionThe sell, manufacture, and consumption of alcohol is illegal

Amendment #19

1920

Women’s SuffrageAny female over the age of 21 regardless of previous condition of servitude has the right to vote

Amendment #20

1933

Term ending dates for President and Congress

Presidents term ends on the 20 of Jan.

Congress begins on the 3rd of Jan.

Amendment #21

1933

Repeals Prohibition

Makes the sale manufacture and consumption of alcohol legal and can now be regulated and taxed by the government

Amendment #22

1951

Presidential TermsTwo terms or ten years

Amendment #23

1961

District of Columbia Voting rights

Amendment #24

1964

Abolition of Poll TaxState can not charge a tax for the sole purpose of voting thereby discrimination against the poor to keep them from voting

Amendment #25

1967

Disability and SuccessionPresident Dies

President declares himself unfit for service

Vice President and a majority of the cabinet feel the president is unfit they can submit to the speaker of the house a letter removing the president until he is fit again

Amendment #26

1971

Age SuffrageLowered the voting age to 18 years old

Amendment #27

1992

Set congressional pay and the time constraints for which the pay can be increased

Article 6

The supreme law of the LandNational Government must Conform to the ConstitutionThe constitution is the highest law in the land When there is a conflict between state law and constitution, the constitution over rules the state law.

Article 7

Ratification

Signers of the Constitution:Delaware – George Reed, Gunning Bedford, John Dickinson, Richard Bassett, and Jacob Bacon

Maryland – James McHenry, Dan of St. Thomas Jenifer, and Daniel Carroll

Virginia – John Blair, James Madison

Signers Cont’dNorth Carolina – William Blount, Richard Dobbs Spraight, and Hugh WilliamsonSouth Carolina – John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, and Pierce ButlerGeorgia – William Few, Abraham BaldwinNew Hampshire – John Langdon, Nicholas GilmanMassachusetts – Nathaniel Gorham, Rufus King

Signers Cont’dConnecticut – William Samuel Johnson, Roger ShermanNew York – Alexander HamiltonNew Jersey – William Livingston, David Brearley, William Patterson, and Jonathan DaytonPennsylvania – Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clyner, Thomas FitzSimons, Jared Ingorsoll, James Wilson, Gouveneur Morris