Constitution Constitution ReviewReview10 Week Exam10 Week Exam

Background HistoryBackground History

First Constitution First Constitution – Articles of – Articles of Confederation Confederation (1781)(1781)

U.S. Constitution U.S. Constitution replaces Articles replaces Articles of Confederation of Confederation in 1787in 1787

Constitution begins Constitution begins with Preamblewith Preamble

The Preamble The Preamble explains why the explains why the ConstitutionConstitution

Talks of a “more Talks of a “more perfect” perfect” governmentgovernment

Gov’t would benefit Gov’t would benefit the peoplethe people

Background (continued)Background (continued) There are 7 ArticlesThere are 7 Articles Articles 1-3 create the three branches of Articles 1-3 create the three branches of

gov’tgov’t1.1. Legislature (Article 1)Legislature (Article 1)2.2. Executive (Article 2)Executive (Article 2)3.3. JudicialJudicial (Article 3)(Article 3) Article 4 concerns the statesArticle 4 concerns the states Article 5 addresses amending or changing Article 5 addresses amending or changing

the constitutionthe constitution Article 6 deals with Federal issuesArticle 6 deals with Federal issues Article 7 details the method for Article 7 details the method for

ratification/acceptance of the Constitutionratification/acceptance of the Constitution

Article 1Article 1

Creates the legislative branch Creates the legislative branch of the governmentof the government

Legislative branch is a bi-Legislative branch is a bi-cameral (two parts) body cameral (two parts) body known as Congressknown as Congress

It is made up of the Senate and It is made up of the Senate and the House of Representivesthe House of Representives

CONGRESSCONGRESS

House of House of RepresentativesRepresentatives

Lower House of Lower House of CongressCongress

25 yr age limit25 yr age limit 2 year term2 year term Number per state Number per state

depends on depends on populationpopulation

Leader= Speaker of Leader= Speaker of the House (chosen the House (chosen by members)by members)

SenateSenate Upper House of Upper House of

CongressCongress 30 yr age limit30 yr age limit 6 year term (1/3 up 6 year term (1/3 up

for re-election every for re-election every 2 years)2 years)

2 per state2 per state Vice-President is the Vice-President is the

President of the President of the Senate (does not Senate (does not vote unless a tie)vote unless a tie)

Congress infoCongress info

Congress creates billsCongress creates bills Bills are voted on and if passed, Bills are voted on and if passed,

become lawbecome law The President has several options on The President has several options on

what to do with a bill that has passed what to do with a bill that has passed both houses of Congressboth houses of Congress

1.1. Sign into lawSign into law

2.2. Veto it – Overturn the law (learn more Veto it – Overturn the law (learn more of Veto in Presidential section)of Veto in Presidential section)

3.3. Not sign it (next page for explanation)Not sign it (next page for explanation)

What if a Bill isn’t signed What if a Bill isn’t signed by the President?by the President?

After 10 days of being passed by After 10 days of being passed by Congress, it becomes a lawCongress, it becomes a law

If the Bill is sent to the President and If the Bill is sent to the President and then Congress adjourns, the President then Congress adjourns, the President can choose to not sign (pocket-veto) can choose to not sign (pocket-veto) and the Bill dies (no law)and the Bill dies (no law)

Congress can override a Presidential Congress can override a Presidential Veto with 67% of the Congress voting Veto with 67% of the Congress voting to overturnto overturn

Congress (con’t)Congress (con’t) Congress CAN: create and maintain an Congress CAN: create and maintain an

army and Navy, est. post offices, create army and Navy, est. post offices, create courts, regulate commerce between courts, regulate commerce between states, declare war, and raise money states, declare war, and raise money (tax)(tax)

Congress CAN’T: suspend habeas Congress CAN’T: suspend habeas corpus, bills of attainder, give preference corpus, bills of attainder, give preference to one state over another, take money to one state over another, take money from the treasury expect for laws.from the treasury expect for laws.

States CAN’T: Print own money or States CAN’T: Print own money or declare wardeclare war

Article 2Article 2

Creates the Executive Branch – Creates the Executive Branch –

OFFICE OF THE PRESIDENT and OFFICE OF THE PRESIDENT and VICE-PRESIDENTVICE-PRESIDENT

Elected by the Electoral College Elected by the Electoral College (each state has the same number of (each state has the same number of Electoral votes as members of Electoral votes as members of Congress i.e. Illinois 19 Reps + 2 Congress i.e. Illinois 19 Reps + 2 Sens = 21)Sens = 21)

Presidential informationPresidential information

Must be at least 35Must be at least 35 Must be a Natural Born Citizen Must be a Natural Born Citizen

(born in U.S. or U.S. Territory, or (born in U.S. or U.S. Territory, or parents that were born in the U.S.)parents that were born in the U.S.)

Serves 4 year term (max of 2 terms) Serves 4 year term (max of 2 terms) Commander-in-Chief of armed forces Commander-in-Chief of armed forces

and National Guard of all statesand National Guard of all states

Presidential information Presidential information (con’t)(con’t)

Selects a Cabinet (experts in different Selects a Cabinet (experts in different areas that assist the President, i.e. Sec. areas that assist the President, i.e. Sec. of State, Defense, Interior, etc…)of State, Defense, Interior, etc…)

Recommends Federal Judges (w/ Recommends Federal Judges (w/ approval from Senate)approval from Senate)

Present the State of the Union every Present the State of the Union every year (Jan.)year (Jan.)

Pardon criminalsPardon criminals Make treaties with other nationsMake treaties with other nations Carry out laws of landCarry out laws of land

Article 3Article 3 Creation of the third branch of gov’t – Creation of the third branch of gov’t –

Judicial Branch –Judicial Branch – Establishes the Supreme Court – 9 Establishes the Supreme Court – 9

judges led by Chief Justicejudges led by Chief Justice Sets the terms of judges – “serve as long Sets the terms of judges – “serve as long

as good behavior” which usually means as good behavior” which usually means until they retire or dieuntil they retire or die

Guarantees trial by jury in criminal courtGuarantees trial by jury in criminal court Defines treason – crime against countryDefines treason – crime against country Makes sure the laws are followed legallyMakes sure the laws are followed legally

Article 4Article 4

Mandates all states honor the laws of Mandates all states honor the laws of all other statesall other states

All citizens of regardless of what state All citizens of regardless of what state they are from, should be treated equally they are from, should be treated equally and fairly in all other states (you can’t and fairly in all other states (you can’t require people from Indiana to pay require people from Indiana to pay more for goods in Illinois just because more for goods in Illinois just because they are from Indiana)they are from Indiana)

Extradition laws – if a criminal flees to Extradition laws – if a criminal flees to another state, that state must return another state, that state must return the criminal to the original statethe criminal to the original state

Article 4 (con’t)Article 4 (con’t)

Ensures protection from the Ensures protection from the federal gov’t for the states federal gov’t for the states against invasion and against invasion and insurrectioninsurrection

Sets up a republican form of Sets up a republican form of gov’t – democratic or power gov’t – democratic or power from the people from the people

Article 5Article 5

Allows for Congress to Allows for Congress to amend/change the amend/change the Constitution with 2/3’s Constitution with 2/3’s majority (67%)majority (67%)

Article 6Article 6

Centers on the United States Centers on the United States and states that the Constitution and states that the Constitution is the supreme law of the is the supreme law of the countrycountry

Requires all officers of the gov’t Requires all officers of the gov’t to swear an oath of allegiance to to swear an oath of allegiance to the U.S. and the Constitutionthe U.S. and the Constitution

Article 7Article 7

States that 9 of the original States that 9 of the original 13 states had to vote to ratify 13 states had to vote to ratify or accept the Constitution or accept the Constitution (67%)(67%)

AmendmentsAmendments1-10 are the Bill of Rights1-10 are the Bill of Rights

11stst Amendment Amendment Protects Protects

people’s rightspeople’s rights

1.1. SpeechSpeech

2.2. ReligionReligion

3.3. PressPress

4.4. AssemblyAssembly

5.5. Address the Address the Gov’tGov’t

22ndnd Amendment Amendment The right to own The right to own

gunsguns

33rdrd Amendment Amendment Guarantees that the Guarantees that the

army can’t force army can’t force homeowners to give homeowners to give room and board to room and board to soldiers (Quartering)soldiers (Quartering)

44thth Amendment Amendment Protects the public Protects the public

from improper from improper search and seizure search and seizure of personal of personal belonging (property, belonging (property, papers, or people) papers, or people) without probable without probable cause or search cause or search warrentwarrent

55thth Amendment Amendment Protects people from Protects people from

being held for a crime being held for a crime unless they are unless they are indictedindicted

They can’t be tried They can’t be tried twice for the same twice for the same crime (can’t be tried crime (can’t be tried for murder, go to for murder, go to trial, be found not trial, be found not guilty, and tried for guilty, and tried for the same murder the same murder again)again)

Testify against Testify against themselves (Take the themselves (Take the 55thth))

Due Process – follow Due Process – follow the law step by stepthe law step by step

66thth Amendment Amendment Guarantees a speedy Guarantees a speedy

trial by an impartial trial by an impartial juryjury

Accused can Accused can question witness and question witness and have an attorneyhave an attorney

77thth Amendment Amendment Guarantes a jury Guarantes a jury

trial in federal civil trial in federal civil courtcourt

88thth Amendment Amendment No unfair, cruel, or No unfair, cruel, or

unusual punishmentunusual punishment

99thth Amendment Amendment Tells the citizens Tells the citizens

that just because that just because there aren’t laws there aren’t laws listed here, they listed here, they might still existmight still exist

1010thth Amendment Amendment Power not given to Power not given to

the Federal Gov’t the Federal Gov’t is controlled by the is controlled by the State Gov’tState Gov’t

Amendment 11Amendment 11 Clearly defines the Supreme Courts Clearly defines the Supreme Courts

jurisdictionjurisdiction

Amendment 12Amendment 12 Changed how the President and Vice-Changed how the President and Vice-

President are elected – It used to be President are elected – It used to be top vote getter was President and 2top vote getter was President and 2ndnd place was V.P. – Now they are on one place was V.P. – Now they are on one ticket and the V.P. is elected to the ticket and the V.P. is elected to the Presidential ticketPresidential ticket

If V.P. – you must meet the same If V.P. – you must meet the same Presidential requriementsPresidential requriements

Amendments 13-15 Amendments 13-15 (Civil War Amendments)(Civil War Amendments)

1313thth

Abolished slaveryAbolished slavery

1414thth

All citizens, regardless of race, are All citizens, regardless of race, are entitled to the same rights on the entitled to the same rights on the Federal and State levelFederal and State level

1515thth

All citizens, regardless of race, can voteAll citizens, regardless of race, can vote

1616thth Amendment Amendment Allows gov’t to collect income taxAllows gov’t to collect income tax

1717thth

Changed how Senators are selected Changed how Senators are selected – by people, not by state legislatures– by people, not by state legislatures

1818thth and 21 and 21stst amendments amendments 1818thth abolished the production and abolished the production and

sale of alcoholsale of alcohol 2121stst repealed (got rid of) the 18th repealed (got rid of) the 18th

1919thth Amendment Amendment Gave women the right to voteGave women the right to vote

2020thth Amendment Amendment Selected a starting/stopping Selected a starting/stopping

date for President’s termdate for President’s term If President-elect dies before If President-elect dies before

taking office, the V.P. takes overtaking office, the V.P. takes over

22 Amendment22 Amendment

Term limit of the President can’t be Term limit of the President can’t be more than 2 four year termsmore than 2 four year terms

EXCPETION – if a President dies in EXCPETION – if a President dies in office during the 3office during the 3rdrd or 4 or 4thth year and year and the V.P. takes over, the new the V.P. takes over, the new President can still serve, if elected, President can still serve, if elected, for 8 more years – a total of 10 yearsfor 8 more years – a total of 10 years

2323rdrd Amendment gives Amendment gives Washington D.C. 3 electoral Washington D.C. 3 electoral votesvotes

2424thth makes sure that citizens makes sure that citizens do not have to pay a tax to do not have to pay a tax to votevote

2525thth Amendment Amendment Line of Succession to Line of Succession to

the Presidentthe President1.1. PresidentPresident2.2. The Vice PresidentThe Vice President3.3. Speaker of the HouseSpeaker of the House4.4. President pro President pro

tempore of the tempore of the SenateSenate

5.5. Secretary of StateSecretary of State6.6. Secretary of the Secretary of the

TreasuryTreasury7.7. Secretary of DefenseSecretary of Defense8.8. Attorney GeneralAttorney General9.9. Secretary of the Secretary of the

InteriorInterior10.10. Secretary of Secretary of

AgricultureAgriculture

Secretary of Secretary of CommerceCommerce

Secretary of Labor Secretary of Labor Secretary of Health Secretary of Health

and Human Servicesand Human Services Secretary of Housing Secretary of Housing

and Urban and Urban DevelopmentDevelopment

Secretary of Secretary of TransportationTransportation

Secretary of EnergySecretary of Energy Secretary of Secretary of

EducationEducation Secretary of Secretary of

Veterans AffairsVeterans Affairs Secretary of Secretary of

Homeland SecurityHomeland Security

2626thth Amendment lowed the Amendment lowed the voting age to 18voting age to 18

2727thth Amendment – any law Amendment – any law that increases the pay of that increases the pay of legislators can not take legislators can not take effect until after an effect until after an electionelection