United States Constitution

“A Guide to the Greatest Document Ever Written”

Introduction to the U.S. Constitution

• Written in Philadelphia• Original intent was to

revise the Articles • James Madison was the

“Father” of the Constitution

• 39 men signed it in 1787

The Preamble—The Introduction to the Constitution

• Two main Questions found in the Preamble:1. Why they are writing it?

(to form a more perfect union)2. What are the goals to be reached?(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)

Constitution

• How the Constitution is divided:1. Articles—the major divisions2. Sections---divisions of an article3. Clauses---divisions of a section

Article I---Legislative Branch

• Section One—What is a Congress?

1. Bicameral Legislature---There are two houses, a Senate and House of Representatives.

• Section Two---House of Representatives

1. Clause One A Representative serves a two year

term

2. Clause Two---What are the Qualifications for a member of the U.S. House of Representatives?

•25 years old

•7 year citizen of the United States

•Resident of the state one is elected in

3. Clause Three--Who determines the amount of Representatives each state will receive? (Congress)

Why does California have more members in the House of Representatives than Missouri? (The Great Compromise)

What if half of California’s population moved to Missouri?

Reapportionment---Creating new districts every ten years to adjust for population changes

Reapportionment---How it Works

1. Take a census every ten years

2. Congress totals the number of Reps. each state will get (that total must equal 435)

3. Congress will notify the state legislatures of any changes

4. State legislatures will determine new district boundaries

5. New districts will allow for new elections for the House of Reps

4. Clause Four-- What happens if a Representative dies in office?

Usually a governor will issue an election to fill the vacancy

5. Clause Five---Where does the impeachment process start?

The House of Reps. will start the impeachment process

Andrew Johnson---First U.S. President to be impeached, but fell one vote shy of the Senate’s conviction

Richard Nixon---Resigned before official impeachment could take place

Bill Clinton---Impeachment articles were passed by the U.S. House of Reps, but the Senate found him NOT guilty of those articles

Section Three---The Senate

1. Clause One - How is a Senator different from a member of the House of Representatives?

Senators term is 6 years 2 Senators per state (all states get the same amount) Originally Senators were chosen by state legislatures Today chosen by direct election (17th Amendment)

2. Clause Two--All of the members from the first Senate did not get a 6 year term.

The founding fathers wanted the Senate to have experienced members so they created a staggered election.

First class = 2 year term

Second class = 4 year term

Third class = 6 year term

Never will the Senators term from one state be up for re-election at the same time

3. Clause Three - What are the qualifications for a Senator?

30 years old

9 year citizen of the United States

Be a resident of the state you are elected from

4. Clause Four—

The Vice-President (Joe Biden) of the U.S. is the President of the Senate (very little power and seldom is seen on the Senate Floor )

President of the Senate (Biden) only votes if there is a tie

6. Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings? (Yes)

Senate tries impeachments (acts as a jury)

House of Reps. introduces the Articles of Impeachment

House needs a majority (218) vote to bring up charges

Senate needs 2/3s majority (67) to convict

7. Clause Seven—What happens if someone is impeached?

A guilty conviction on the Articles of Impeachment is removal from office

A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate (part of the checks and balance system)

Section Five—Rules of Procedures

1. Clause One - Can an elected official be removed from office? (Yes)

Each House determines the qualifications of their members

Brigham Roberts—1901, polygamist from Utah, The Senate refused to seat him

Victor Berger—1919, Socialist from Wisconsin, The House refused to seat him

Adam Powell—1967, African-American who allegedly misappropriated federal funds The House refused to seat him

3. Clause Three - Can I get information about how a member of Congress voted? (Yes)

Congressional Journal—Published at the end of the session, contains the bare facts about the session

Congressional Record—Published daily, includes word for word what people had to say

Section 7Method of Passing Bills

1. Clause One - Where do tax bills start?

All tax bills start in the House.

2. Clause Two - How does a bill become a law?

Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview:

First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law

Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law

Section EightPowers Delegated to Congress—

Enumerated Powers1. Clause One - Why can Congress collect taxes?

Congress can collect taxes for three purposes: Pay off debts Provide defense Provide for the common welfare

2. Clause Two - Can Congress Borrow Money?

They can borrow money on the credit of the United States (selling bonds is one example)

Debt—Total amount of money that the government owes ( currently over $18 trillion)

Deficit—Yearly amount of money that the government owes

3. Clause Three - Can Congress regulate trade?

Interstate—Trade between two or more states

Intrastate—Trade within a state

Congress can only regulate interstate trade

9. Clause Nine

Congress establishes and abolishes courts

11. Clause Eleven

Only Congress can declare war—power to many people as opposed to one

18. Clause Eighteen—Necessary and Proper Clause

Congress has the power to do whatever is necessary and proper to carry out their Eumerated Powers.

Elastic Clause—expands the powers of Congress

Section Nine—Powers Denied to the Federal Government

1. Clause One - What about the issues of slavery? Congress stopped the importation of slaves in 1808 Use the word “such persons” as opposed to

“slaves”2. Clause Two - Can I be thrown in jail for having blue eyes?

(No)

Habeas corpus - “you have the body” - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence

The writ can be suspended in times of rebellion, invasion, or the public safety requires it (Abraham Lincoln during Civil War)

3. Clause Three

Congress cannot pass a bill of attainder (legislative act against a named person) Congress makes a law that says William Powell is a thief and will serve 25 years in prison - This is Unconstitutional!!

Congress cannot pass an ex post facto law (after the fact) Betty Boone sells fireworks on July 4th - On July 10th, Congress passes a law that makes it illegal to sell fireworks and tries to punish Betty for what she did on July 4th

5. Clause five

Congress cannot tax an export

Article II—Executive Branch

Section One—President &

Vice President

1. Clause one—How long is the President in office?

Four year terms

1951—22 Amendment changed it to a maximum of 2 terms or ten years

FDR served the most years in office (12)

Grover Cleveland served 2 nonconsecutive terms (22nd & 24th President of the United States)

2. Clause Two - How is the U.S. President elected?

Electors—Presidential voters

Electoral college—system used to elect the President, founders didn’t want a pure form of democracy, wanted a representative democracy

538=total number of Presidential electors, must have 270 to become president

Purpose of the electoral college---give each state somewhat equal representation

5. Clause Five—What are the qualifications for U.S. President?

35 years old, 14 year resident, natural born citizen

7. Clause Seven - Can the Congress decrease the President’s salary midway through the term? (No)

Section TwoPowers of the President

1. Clause One—What are the Military Powers? President is the head of the military -

Commander in Chief

2. Clause Two—Treaties and Appointments

President needs approval by the U.S. Senate to create certain and specific treaties and appointments (Judges)

Section Three What are the Duties of the

President?

State of the Union Address - The President explains the condition of the country - usually in January

Section Four--Impeachment

President, Vice President, and all civil officers can be impeached Can only be impeached for three things: treason, bribery, or other high crimes and misdemeanors. Judges are civil officers that are the most often convicted of impeachment Members of the Congress are expelled by their own house, they do not go through the formal impeachment process

Article III—Judicial BranchSection One—Federal Courts

1. Clause One - Who interprets the law? Judicial branch interprets the law (Courts) Legislative makes the law (Congress) Executive enforces the law (President) Judicial powers—the power to hear cases Federal Judges are appointed by the President and

approved by the Senate

3. Clause Three—Conduct of Trials

Guarantees a trial by jury in federal courts

Extradition—returning a fugitive to the state in which the crime was committed

Section Three--Treason1. Clause One - What is treason?

Only crime defined in the Constitution (helping a nation’s enemies or carrying out war against your country)

2 ways of being convicted:

1. Confession in court room

2. Having two witnesses testify against you

Article IV—Relations Among the States

Section One—Official Acts

1. Clause One - I live in Minnesota do I have to follow the rules of North Dakota? (Yes - full faith and credit)

Each state shall respect legal action of another state (marriage licenses, speed limits, fines, drivers license)

Section Two—Privileges of Citizens

1. Clause One - Can I buy a lake home in Minnesota if I live in Missouri? (Yes)

State cannot discriminate against you because you are a citizen of another state

2. Clause Two—Extradition

Bringing back a fugitive

Section Three—New States

1. Clause One - How does a state become admitted to the Union?

Only Congress can admit states

2. Clause Two -

Congress will make all laws for all U.S. territories

Article V Methods of Amendments

1st Method - need 2/3 of Congress to PROPOSE an Amendment

2nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used) Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention. Over 4000 proposed Amendments since the early 1800s Only 27 have been ratified 1st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process

Article VI—General Provisions

Section Two - Is the federal law the supreme law of the land?

Yes - State law cannot override a federal law

Section Three—all officers, state and federal, must take an oath to support the U.S. Constitution

Can’t have a religious requirement as part of the Oath