Hysteria Clip Government Articles of Confederation – Laws holding colonies together prior to the Constitution.

George Washington – Chairman of Constitutional Convention

James Madison – Father of Constitution

Federalist papers – Hamilton, Jay, Madison wrote them to get the people to support the Constitution.

Ind. Hall, Philadelphia - 55 delegates at Constitutional Convention –

Preamble – Ben Franklin (Beginning) What government is suppose to do.

7 Articles – Organizes Government (Leg - Makes laws, Ex – Enforces laws, Jud – explains laws, other organizes)

Amendments - Constitution can grow with the country.

27 Amendments – 1st 10 Bill of Rights others

Down Sides – Civil War, Lots of Laws/ Upsides – Rights, Freedoms, Representative Democracy

Quote – Ben Franklin – Those who would trade

security for liberty deserve neither (beware

allowing to much power to government)

•Establish Justice

•Insure domestic Tranquility

•Provide for common defense

•Promote general welfare

Secure blessings of liberty

Ordain and establish constitution

SH Clip – What would you want your govnt to do?

What your Government

is Suppose to Do

Constitution Pop 1

1-3. What are the 3 parts to the Constitution

currently. Be specific?

4. Prior to the Constitution, this document held the

colonies together?

5. These people wanted the Constitution, and a

strong Central Government?

6-10. According to the preamble in the US

Constitution, what 5 things is the Government

suppose to be doing?

Constitution pop 1-2 1. Who was the Chairman at the Constitutional

Convention?

2. Who did most of the writing on the Preamble in the

Constitution?

3. Who is considered the Father of the Constitution?

4. How many Amendments are there currently in the

Constitution?

5. The first 10 Amendments are often referred to as the?

6. How many Articles are there in the Constitution?

7. What do the Articles do for the Government?

8-10. What are the three branches of Government?

Articles of the

Constitution

• Sec.1

– All powers in the legislative are granted to Senate and House

Sec.2

House of Representatives,

chosen every 2 yrs.

No person who is not

25yrs

7yrs a US citizen

An inhabitant of that state.

Article I: Legislative

Number of Reps shall not exceed

1 for every 30 thousand. Each

state shall have at least one – 10

yr Census – 1929 limited to 435

–House of Reps. Choose

speaker and other officers.

They shall have sole power

of impeachment.

Sec.3

The Senate

2 from each state (100)

Each has one vote

6yr. Terms - every 2

yrs 1/3rd are up.

VP = President of the

Senate

– To be a senator

• 30yrs. or older

• 9yrs. citizen

• Inhabitant of the

state he represents.

– Have sole power to try

impeachments (when the

president is tried, the Chief

Justice shall preside) Needs

2/3 vote of the present

members for impeachment.

– Each House must keep a

journal and publish them

from time to time. Sec.4 Congress must assemble at

least once a year. (1st Monday in December)

Sec.5 Each House may determine the

rules of it’s proceedings, punish

its members for disorderly

behavior, and with the agreement

of 2/3, expel a member.

• Sec.6

– Senate and Rep. shall

receive compensation

for services, to be set

by the law, and paid

out by the Treasury of

the US. May not hold

any other government

office during there time

in the House or Senate.

Bill Steps

• 1. Idea

• 2. Write Local Congressman

they write up

• 3. Committee

• 4. House Majority Vote

• 5. Senate Majority Vote

• 6. President Signs

• 7. If Vetoed back to

Congress needs 2/3rds vote

• Sec.7

– Every bill has to pass

the House of Rep. and

Senate before it can

become a law. It then

goes to the President

and if he doesn’t

approve it, then it

needs to get passed by

2/3 vote from

Congress.

– (Watch School House

Rock Clip)

Constitution pop 2-3 1. Congress is made up of 2 houses. What are they?

2-6. Fill in the Blanks?

1. ______ (2)

• 2. Write Local Congressman they write up

• 3. __________

• 4. _______ Majority Vote

• 5. _______ Majority Vote

• 6. President Signs

• 7. If _______ (6) back to Congress needs 2/3rds vote

7. The 1st Article in the Constitution deals with this branch of government?

8. How many members are in the House of Representatives?

9. How many members are in the Senate?

10. How many times per year must congress assemble?

– Also if president sees a bill and doesn’t sign it within ten days it becomes law. Unless it is in the last 10 days of the legislative term then it shall be a pocket veto.

– Establish a post office and

postal roads.

Sec.8 – Powers of Congress

* Congress shall have power

to lay and collect taxes,

duties, impose and exercise,

to pay the debts and provide

for the common defense and

general welfare of the US.

* Also to borrow money

on the credit of the US, to

regulate commerce with

foreign nations and among

several states with the

Indian Tribes.

To coin money, regulate value

thereof, fix standards or weights

and measures.

Provide punishment to

counterfeiters.

– Declare War

– Raise and support

armies

– No appropriation of

money can be used

longer than two years.

• Sec.9

– The Writ of Habeas Corpus

(allows Prisoner to challenge

imprisonment) shall not be

suspended, unless when in

cases of rebellion or invasion.

– No bill of attainder or ex post

facto law shall be passed.

– No title of nobility shall be

granted by the United States.

• Sec.10

– No state shall enter into

any treaty, alliance, or

confederation, coin money,

pass bills of attainder, ex

post facto laws, or laws

imposing the obligation of

contracts, or grant any title

of nobility.

– No state, without consent

of congress, can lay any

duty of tonnage, keep

troops, or ships of war in

times of peace, enter into

any agreement or compact

with another state, or

foreign power, or engage

in war unless actually

invaded, or in such

imminent danger as will

not admit delay.

Articles of the Constitution • Article II: President and

Executive Branch

• Sec.1

– President can hold his term with V.P. for a 4yr. period.

-Electoral College Each state shall appoint a number of

electors. That is equal to the whole number

of Senators and Reps. To which the state

may be entitled in Congress. No persons

holding an office of senator or

representative shall be appointed as an

elector.

.

– To be president

• Natural born US citizen

• 35yrs or older

• Resident of the US for

14yrs.

In case of death,

resignation, or inability

to discharge the powers

and duties of the said

office, the same shall

devolve on the VP.

– The president shall • Receive for his services a

compensation. Which shall neither be increased nor diminished during the period for which he shall have been elected. And shall not receive within that period any other amount for the US. or any of them.

• Sec.2 – The president shall

• Be the commander in Chief.

• May require the opinion in writing of the principle offices in each of the Executive Dept.

• Power to Grant reprieves and pardons for offenses against the US, except in the case of impeachment.

• Have power, by and with the advice and consent of the Senate, to make treaties, provided 2/3 of the senators present concur. He shall nominate, with the advice and consent of the senate, shall appoint an Ambassadors. Other minister, counsels, judges of the Supreme Court, and all other offices of the US.

• Sec.3

– He shall:

• Have a State of the Union

address to Congress and

ask them to consider stuff.

• On extraordinary

occasions, convene both

houses, or either of them.

In case of disagreement

between them. And stay so

until he sees proper.

• Makes sure that laws are to

be faithfully executed.

• Sec.4

– He shall be removed from

office for:

• Treason

• Bribery

• Other high crimes and

misdemeanors

Constitution pop 3-4 1. What does Article 2 of the US Constitution deal with?

2. Who or What elects the President?

3-4. What are 2 powers of the President?

5-7. In order to be president what three things do you

need?

8. If the president dies or resigns who takes over for

him?

9. The Executive Dept. of the President = ?

10. One of the 3 things you could remove the President

from office for according to the constitution?

Articles of the

Constitution • Article 3: Judicial

Branch

– The Supreme Court and

Federal Courts

• Sec.1

– 1 Supreme Court,

and other inferior

courts as Congress

may from time to

time ordain.

– They shall receive

money for services

not to diminish

during their time.

• Sec.2

– Judicial powers shall extend

to all cases in law and

equity, arising under the

Constitution. Laws of the US

and treaties made, which

shall be made under their

authority.

– In all cases affecting ambassadors, other public ministers, and counsels, and those in which a state shall be a party. The Supreme Court shall have original Jurisdiction.

– Trial of all crimes except in cases of impeachment shall be by jury and shall be held in the state of the crime.

9

• Sec.3

– Treason against the US shall

consist only in levying war

against them or in adhering to

their enemies. Such as, giving

them aid or comfort. No person

shall be convicted of treason,

unless in the testimony of 2

witnesses to the same overt act,

or a confession in open court.

1. Veto

2. 2/3rd Vote

3. Unconstitutional

4. Appoint Justices

Some Basic

Checks and

Balances – 3

Branches

Drawing 101

Checks and Balances

Drawing 101

Articles of the Constitution • Article 4:

– The States and the

Federal Government.

• Sec.1

– Each state gets to see

what the other states

are doing.

• Sec.2

– Citizens of each state

are entitled to all

privileges and

immunities of citizens

of several states.

– Any person charged in

any state with treason,

felony, or any other

crime, if he flees from

that state and is found

in another state, shall

on demand of the

executive authority of

that state from which

he fled, be delivered

up.

• Sec.3

– New states may be admitted by

Congress into this union. But no state

may form within itself another state.

Nor may one state join with another

without the consent of the legislatures

of the states as well as Congress.

• Sec.4

– A Republican form of government

shall be guaranteed by the US to

every state in the union, as well as

protection against invasion and

against domestic violence.

Madwaukia

Illsconsina

Articles of the Constitution • Article 5:

– Amending the

Constitution

– When 2/3 of both the House and Senate if deemed necessary, they shall propose Amendments to this Constitution. Or on the application of the legislature of 2/3 of the several states, they shall call a convention for proposing amendments.

– When ratified by the

legislature of 3/4 of the

states, or by conventions in

3/4 amendments may be

made provided, if no law is

already made against it.

Constitution pop 3-4-5 1. How many members serve on the US Supreme Court?

2. How long do members of the US Supreme Court serve?

3. What is the title of the person who leads the Supreme Court?

4. In all cases affecting ambassadors, other public ministers, and

counsels, and those in which a state shall be a party the Supreme

Court has this?

5. How many Federal Supreme Courts does the US have?

6. One check that the President has on Congress?

7. One check that Congress has on the President?

8. In the US, you are considered innocent until proven this?

9. The Law of the US = ?

10. The check that the Supreme Court has on the other branches is?

Sunnyland: Creating Constitution – top 5 imp side notes

Creating a Constitution top 5 • Demigods – Washington, Franklin, Adams, Madison – didn’t trust

anyone who wanted the power of a king. – Franklin thought Constitution should last 10 years. – ordinary educated guys writing this

• 1776 not going to obey the king anymore – Colonists revolting against total power

• Articles of Confederation – League of Friendship worked well with states rights – things fell apart quickly because of No Taxation, each state individual – Shay’s rebellion = breakdown of law and order – Washington willing to help form a government.

• Philadelphia convention 55 men– Madison has clear plan, not very noticed, GW must have him (Trusted Celebrity – becomes Chairman), Not suppose to be a new Constitution – 3rd day of convention they overthrew the Government – vow of secrecy, Central Government with 3 branches, Constitution written to make it difficult to make laws – YES – because powerful governments are dangerous.

• Compromises = Proportional representation vs Great Compromise (Bi-Cameral Leg), 3/5ths – Did not believe in true Democracy – stake in society = Property – need to have something to lose. Amendments – come later – Bill of Rights 2 years later

Articles of the Constitution • Article 6: General

Provisions – All debts entered into before

the adoption of this constitution shall be valid against the US under the const, as under the confederation.

– This constitution, under the authority of the US, shall be the supreme law of the land. The judges in every state shall be bound thereby, anything in the const. or laws of any state to the contrary not with standing.

– Federal Law trumps State Law.

– All US officials shall be

bound by oath or

affirmation to support

this Constitution. But

no religious test shall

ever be required as a

qualification to any

office or public trust

under the US. • Article 7: Ratification of the

US Constitution

• Nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.

Sunnyland: Creating Constitution – top 5 imp side notes

Amendments to the constitution • The first ten amendments are known as the

Bill of Rights.

– Specifically to protect citizens against

excessive power of the Federal Government.

• Established in

1791.

• Congress shall

make no laws

respectively on:

– Establishing Religion, or prohibiting the

free exercise thereof

– Abridging the Freedom of Speech, or of

the Press

– Or the right of people to peaceably

assemble

– And to petition the government for a

redness or grievances.

–

• Amendment 2:

Established in 1791.

• A well regulated

militia, being

necessary to the

security of a free state.

• The right of the people

to keep and bear arms,

shall not be infringed.

• Amendment 3:

Established in 1791.

• No soldier shall, in

time of peace, be

quartered in any house,

w/out consent of the

owner, nor in times of

war but in a manner to

be prescribed by law.

• Established in 1791.

• The right of people to

be secure in their

persons, houses,

papers, and effects

against unreasonable

searches and seizures

(Arrest of a person),

shall not be violated.

• No warrants shall be

issued, but upon

probable cause,

supported by oath or

affirmation and

particularly describing

the place to be

searched, and the

persons to be seized.

Raupp Notes On 4

• Tennessee VS Garner (1985) – Limits on search and seizure. - Burglary (Fleeing Felon Rule – PC – shot the guy, supreme court can’t shoot someone fleeing – Grant Vs Conner unless the person poses a higher threat to Public Safety (greater danger theory) – Deadly Force – intentional use of a weapon.

• Badger Stop – by the way is it ok if I search your vehicle after the end of the traffic stop (new thing).

• Terry Vs Ohio – 2 black males IGA grocery store based on reasonable suspicion an officer stopped them (realizing that 2 guys were casing the joint) and can pat someone down.

• HR215 Bill Law Enforcement does not need to stop pursuit and may carry fire arm anywhere in 50 states.

0 100% 25

Reasonable Suspicion

40

Probable Cause

98

Conviction

Raupp Notes On 4 • Taser – after you tell someone you are under arrest any other resistance can =

taser

• Privilege – ability of an officer to use deadly force in self defense

• Driving with Due Regard – Red Lights – may Park illegally – request right of way, blue lights right of way. A police officer can exceed the speed limit without red and blue lights

• Underage Drinking – Can be charged for Possession even if someone 21 is close to you and you are within reach, can be charged with smell on breath.

• 4 ways to have cause to search Car

– Consent

– Search incident to a lawful arrest Person gets arrested car can be searched (esp. Thrust lunge or grab area) - However if the trunk is not available can’t

– Inventory – Vehicle in Custody (impounded) may search If Lawfully on premise and sees something in car (Plain View)

– Carroll doctrine – if you have Probable Cause - don’t need warrant because car can move.

– (Dog, Smell automatic probable cause)

Constitution pop 4-5 1-5. 5 Freedoms given by the 1st Amendment

6-7. 2 Important rights I have according to the

Second Amendment?

8. The third amendment states I don’t have to keep

these people in my house?

9-10 The 4th Amendment states that an officer of the

law can’t search or seize something from me

without 1 of these 2 things?

Amendment 5 • Established in 1791.

• No person shall be held to

answer for a capitol or

otherwise infamous crime,

unless on a presentment,

or indictment of a Grand

Jury. Except in cases

arising in the land or naval

forces, or in the militia

when in actual service in

time of war or public

danger.

• Trial Rights

• Nor shall any person be

subjected for the same offense

to be twice put in jeopardy of

life or limb. Double Jeopardy

• Nor shall be compelled in any

case to a witness against

himself, nor be deprived of

life, liberty, or property w/out

due process of law. Plead 5th

• Nor shall private property be

taken for public use, w/out

just compensation.

Custodial Interrogation (actually asking Questions) is

what triggers the Reading of Miranda Rights

Raupp Notes on 5

• Miranda Vs Arizona 1963– Rts case (mostly remain silent) – Arrested and convicted of kidnap and rape of a teenage girl, did not know

his rights because cops did not tell him – Should have? He appeals to the Supreme Court.

– Later retried and still convicted (Served 11years in jail, gets out, and gets stabbed in a bar fight.)

– But now police read you your rights if you get arrested. (Miranda Rts)

• Espezedo vs Illinois – – Talk to an attorney – Police did not let him until hours later.

He gave incriminating evidence without lawyer.

– Constitutional Rights form

• Municipal Court – Fine only (don’t have right to Miranda - can’t go to jail) (Civil Violations - Speeding, Disorderly Conduct ($287.50) )

• Circuit Court – Criminal proceedings have to prove around 98% that the person did it.

Amendment 6 • In all criminal prosecutions, the

accused shall enjoy the right to a speedy and public trial by an impartial jury of the state. The district wherein the crime was committed, which district shall have been previously ascertained by law and to be informed of the nature.

• And cause of accusation; to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the assistance of a counsel for his defense.

• Right to a quick and speedy trial w/witnesses and council

• 7th Amendment

– In suits of common law,

where the value in

controversy shall exceed

$20. The right of trial by

jury shall be otherwise

re-examined in any court

of the US, than according

to the rules of the

common law.

• Amendment 8

– Excessive bail

shall not be

required nor

excessive fines

imposed.

– Nor cruel and

unusual

punishments

inflicted.

• 9th Amendment

– The enumeration

in the Constitution

of certain rights

shall not be

construed to deny

or disparage

others retained by

the people.

– People’s rights

• 10th Amendment

– The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

– If the government doesn’t have it, and the state doesn’t have it then the people have it.

Torture Slides

Short Bill of Rights • 1. Freedom of Speech, Press, Assembly, Petition and Religion

• 2. Militia, Bear Arms (Have Guns)

• 3. No Quartering Soldiers

• 4. No Unreasonable Searches or Seizures without warrant or probable cause,

• 5. Trial Rights which include no double jeopardy, Plead 5th, Just Compensation

• 6. Right to a quick and speedy public trial with Witnesses for and against you, and counsel

• 7. Common Law

• 8. No excessive bail or fines, nor cruel or unusual Punishment

• 9. Peoples rights

• 10. States Rights

Constitution pop 4 – fill in the Blank • 1. Freedom of _______, Press, Assembly, _______ and _______

• 2. _______, Bear Arms (Have Guns)

• 3. No Quartering __________

• 4. No Unreasonable Searches or Seizures without ________ or _____________,

• 5. Trial Rights which include __________________, Plead __, Just Compensation

• 6. _________________________ public trial with _________ for and against you, and ________

• 7. Common ____

• 8. No excessive _____ or fines, nor _____________________

• 9. ______ rights

• 10. _______ Rights

_________________ ______________ ____________

___________

______________

______________

______________

______________

___________ _____________

_____________

___________

__________

__________

__________

__________

2. Militia, Guns 6. Rt. To quick and speedy, trial

w/ witnesses and council

3. No quartering Soldiers

10. States Rts

4 No unreasonable searches

or seizures w/out warrant or

Prob Cause

7. Common law 8 no excessive bail or

fines or cruel or unusual

punishment

1. Freedom of speech,

press, religion,

assembly and petition

5. Trial rts, no

double Jep, plead

5th and Just

Compensation

9 peoples rts

Amendments 11-27

You mean there is more?

Yep!

Amendments 11-27 • 11. Lawsuits against States (1795

Modifies Article 3, Sec 2)

• 12. Election of Executives (1804)

• 13. Abolition of Slavery (1865)

• 14. Civil Rights/often referred to

as the Equality Amendment

(1868) (This Amendment also

basically makes the 1st 10

Amendments viable at the State

level)

• 15. Right to Vote (1870)

• 16. Income Tax (1913)

• 17. Direct Election of Senators (1913)

• 18. Prohibition (1919)

• 19. Woman’ Suffrage (1920)

• 20. “Lame Duck” Sessions (1933)

• 21. Repeal of Prohibition (1933)

22. Limit on Presidential Terms (1951) 23. Voting in the District of

Columbia (1961) 24. Abolition of Poll Taxes (1964) 25. Presidential

Disability Succession (1967) 26. 18 year old Vote (1971) 27.

Congressional Pay (1992)

Constitution pop 4

1-7. What are the Titles of the Seven Articles in the

constitution?

1.

2.

3.

4.

5.

6.

7.

8-10. What are the three branches of government?

Constitution pop 4 1-7. What are the Seven Articles of the Constitution,

that organize the government?

8. The executive authority of a state =?

9. In order to propose an amendment to the

Constitution I need this number/percentage of

states or congressmen?

10. How many states were needed to ratify the

Constitution?

Constitution Pop 3 1-3. Articles 1,2,3 in the US Constitution are?

4-6. What are 3 things for which I can be removed

if I was president?

7. How many states were required to ratify the US

Constitution?

8. What is also known as the Supreme Law of the

Land?

9. What are the 5 rights I have according to the 1st

Amendment to the Constitution?

10. The first 10 Amendment are also known as?