Why did we need a New Social Contract

Problems with the Confederation

» Could Not levy taxes» Could not maintain armed forces» Could not control commerce» Could not enforce it’s own laws» Could not settle disputes among states

Foundation Of the Constitution

• Popular Sovereignty

• Separation of Powers

• Checks and Balances

• Federalism

• Supremacy of Federal Government

• Civilian Control of Government

The Preamble spells out the goals of the Constitution.

• 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• Secure the blessings of liberty to ourselves and

our posterity• Do ordain and establish this Constitution for the

United States of America

Foundations of the Constitution

• Popular Sovereignty

• Separation of powers

• Checks & Balances

• Federalism

• Supremacy of National Laws

• Civilian Control of Government

Popular Sovereignty

• The power to govern belongs to the people– Extending that right with the 15th, 17th, 19th,

24th, and 26th Amendments.

Separation of powers

• Legislative– Lawmaking Branch– Article I

• Executive– Law Enforcing Branch– Article II

• Judicial– Interprets Laws – Article III

Responsibility to the people

• Each branch has a different Job and is responsible to a different constituency.

• President—

• Congress—– House– Senate

• Supreme Court

Length of Term

• President—

• Congress– House—– Senate—

• Supreme Court and other Federal Judges—

Checks & Balances

• Checks & Balances– Executive

• Legislative• Judicial

– Legislative• Executive• Judicial

– Judicial• Executive• Legislative

Federalism

• State Powers– Driving Age– Drinking Age– Speed Limit– Taxation– Hunting laws– Automobile modifications– Malpractice awards– Marriage and custody laws– Control of Liquor Stores – Fireworks– Stupid Laws

• Federal Powers– Treaties– Interstate – Military– Drug Laws– Federal taxes– State disputes– Counterfeiting – Printing Money

Silly State Laws

• It is contrary to Pennsylvania law to discharge a gun, cannon, revolver or other explosive weapon at a wedding.

• It illegal to sleep on top of a refrigerator outdoors. • Any motorist driving along a country road at night must

stop every mile and send up a rocket signal, wait 10 minutes for the road to be cleared of livestock, and continue.

• A special cleaning ordinance bans housewives from hiding dirt and dust under a rug in a dwelling.

• Dynamite is not to be used to catch fish.

West Virginia Laws

• No children may attend school with their breath smelling of "wild onions."

• Road kill may be taken home for supper.

Supremacy of Federal Laws and The Constitution

• No state law may conflict with federal law or the Constitution.– California Proposition 215 in 1996– Medicinal use of marijuana – The Supreme Court Maintains it is illegal

because of the Controlled Substances Act

Civilian Control of Military

• President – Commander in Chief is a civilian

• War Powers Act

Methods of proposing and ratifying Amendments to the Constitution

• Page 71

Fundamental Law

• Very generalized/ Basic Principles

• Some State Constitutions specify what type of vine should grow on the walls of prisons and the salary of officials.– Why is this impractical

Federalism Powers

• Delegated– Specifically granted in the Constitution

• Concurrent– Shared by the National Government and the states.

• Reserved– Kept by the States

• Implied– Not specifically stated in the Constitution but result

normally from delegated powers.• Prohibited

– Denied to any government in the Country.

Locate 3 Delegated powers from Article I, II, and III

Marbury vs. Madison

• Video

Article I

Article I Section I

• Law Making Body– Congress

Article I Section II

• House of Reps– Terms– Qualifications– Distribution– Filling Vacancies– Officers– Impeachment

Article I Section III

• Senate– Terms– Qualifications– Filling Vacancies– Officers– Impeachment Trial

Article I Section IV

• Both Houses – Holding elections

• Times, places, and manner shall be prescribed by the state legislatures

• Meetings– Congress shall assemble at least once a

year– 1st Monday in December, unless changed

by law• Changed by 20th Amendment

Article I Section V

• Each shall be the judge of elections, returns and qualifications of its own members– A majority shall constitute a quorum– Members may be compelled to attend as provided– Penalties for non-compliance may be provided by each

House• Proceedings

– Each House determines rules for proceedings– May punish members for disorderly conduct– May expel members by a 2/3's vote

• Journal– A record of the proceedings of each House shall be kept

and published (Congressional Record)• Adjournment

Article I Section VI

• Privileges and Restrictions– Pay and privileges

• Shall receive compensation according to law, from the U.S. Treasury

• Free from arrest going to, during, and leaving sessions of Congress, except in serious cases - treason, murder, etc.– Congressional Immunity– May not be sued for slander of libel for anything they say in

Congress

• Members cannot hold other offices– May not hold Federal, state, of local office while serving in

Congress

Article I Section VII

• Method of Passing Laws

Article I Section VIII

• Powers Granted To Congress– Lay and collect taxes– Borrow Money

• How much is our National Debt

– Power to regulate Interstate Commerce• Internet Commerce• Establish laws concerning naturalization and uniform

bankruptcy laws

– Print and coin money and establish its value – Power to provide punishment for counterfeiting

How much is 3 Trillion

• A $1.00 bill is 6 inches in length. If 8 trillion bills were laid end to end, they would stretch from the earth to the sun, back to earth, and then to Mars and back twice. A distance of 755 million miles.

• If you counted 8 trillion one dollar bills at a rate of one a second, it would take you _______ years.– 253,000 years or about 3617 lifetimes with an

average life expectancy of 70 years of age..• 8 trillion dollars made up of stacked $1,000 bills

would be ________high.– 534 miles high

Article I Section VIII Cont’d

• Power to establish Post Offices and Post Roads • Power to promote science and arts by securing exclusive

rights to their writings and discoveries for limited times– Patents –inventions– Copyrights – writings

• Establish Federal Courts under the Supreme Court• Define and punish piracy• Raise and support an armed forces• Declare War

Article 1 Section 8 Continued

• Call up militia to repel invasions and suppress insurrections

Article 1 Section 9

• Forbidden Powers– No slave trade intervention until 1808– Suspension of a writ of habeas corpus– Bill of attainder or ex post facto law– Levy a direct tax except in proportion to the

population– Export tax– Favored trade status for a state

Article 1 Section 10

• Powers Forbidden to the states– Make treaties– Coin Money– Pass bill of attainder– Tax imports or exports– Keep troops or warships in peacetime without

consent of Congress

Counterfeiting Laws IT'S THE LAW

Manufacturing counterfeit United States currency or altering genuine currency to increase its value is a violation of Title 18, Section 471 of the United States Code and is punishable by a fine of up to $5,000, or 15 years imprisonment, or both.

Possession of counterfeit United States obligations with fraudulent intent is a violation of Title 18, Section 472 of the United States Code and is punishable by a fine of up to $15,000, or 15 years imprisonment, or both.

Anyone who manufactures a counterfeit U.S. coin in any denomination above five cents is subject to the same penalties as all other counterfeiters. Anyone who alters a genuine coin to increase its numismatic value is in violation of Title 18, Section 331 of the United States Code, which is punishable by a fine of up to $2,000, or imprisonment for up to 5 years, or both.

Forging, altering, or trafficking in United States Government checks, bonds, or other obligations is a violation of Title 18, Section 510 of the United States Code and is punishable by a fine of up to $10,000, or ten years imprisonment, or both.

Printed reproductions, including photographs of paper currency, checks, bonds, postage stamps, revenue stamps, and securities of the United States and foreign governments (except under the conditions previously listed) are violations of Title 18, Section 474 of the United States Code. Violations are punishable by fines of up to $5,000, or 15 years imprisonment, or both.

Article II

Article II Section I

• President

Vice President

Electoral College

• President elected by electors or delegates chosen by the voters.(Representative Democracy)

• Electoral delegates by state

Presidential Election time

• First Tuesday after the first Monday in November.

• The President is chosen on the first Monday after the second Wednesday in December.

Article II Section I Clause 5

• Qualifications to be President

• 35 years of age

• Natural Born Citizen

• Citizen for 14 years

Article II Section I Clause 6

• Line of Succession

• President– Vice President– Speaker Of The House– Pres. Pro Tempore– Cabinet Level by creation date

Salary

• The President receives a salary which cannot be increased or decreased during his/her time in office(currently $400,000)

Military Power

• Commander in Chief of the US Armed Forces

• Head of all executive Departments

Reprieves, Pardons, and Amnesty

• Reprieve-Delay in sentence

• Pardon-Forgiveness for a crime

• Amnesty-Pardon for a large group

Treaty Making and Appointment

• Advice and consent from 2/3 of the Senate

• Appointed officials (Cabinet level officers and Federal Court Judges) need a majority approval from the Senate

Filling Vacancies

• May appoint officials temporarily without Senate approval when Congress is not in session

Duties of the President

• Send Special Messages to Congress

• May call special Sessions of Congress

• Receives Ambassadors

• Executes the law

• Commissions officers of the Armed Forces

Impeachment

• The President, Vice President, and all civil officers may be removed if convicted of treason, bribery, or other high crimes

Who makes up the:

• Legislative Branch

• Executive Branch

What are the main jobs of:

• Legislative Branch

• Executive Branch

Article III

The Judiciary

Federal Courts

• Power is vested in the hands of the Supreme Court and lower courts established by Congress – Federal judges hold office for life but may be

impeached

Chief Justice William Rehnquist

Justice Sandra Day O’Connor

Justice Scalia

Justice Ginsberg

Justice Thomas

Justice Breyer

Justice Kennedy

Justice Souter

Justice Stevens

Jurisdiction

• The Constitution– Flag Case

• Federal Laws– Terrorism

• Treaties• The US, a State, and citizens of different States• Ambassadors• Consuls of different nations

Supreme Court Jurisdiction

• Involving Ambassadors

• Officials of foreign nations

• Involving States

• On appeal from lower courts

Conduct of Trials

• Federal Crimes except impeachment are conducted in states where crime occurred

Treason

• Robert Hansen

• John Walker American Taliban

• Congress declares the punishment

Article IV

• Full Faith and Credit– Laws records and legal decisions

• Licenses• Marriage

• If a couple gets married in another state, their home state would also have to consider them married - unless those states had a so-called defense of marriage act, which explicitly defines marriage as only being between a man and a woman. Thirty-seven states have such laws.

Privileges of Citizens

• Equal Treatment– Some Exceptions– Tuition

• Fugitive Criminals

• New States and Territories

Article V

• How to amend the Constitution

Article VI

• Supremacy

Article VII

• Ratification

Amendment 1

• Free Speech

• Free Press

• Assembly

• Petition

• Religion

Amendment 2

• Right to bear arms– Does the Constitution guarantee the right to

bear arms?

Amendment 3

• Freedom from Quartering soldiers– Why was this Amendment created

Amendment 4

• Freedom from Illegal Search and seizure

Amendment 5

• Guarantees due process

• Protection from Double Jeopardy

• Testifying against yourself

• Eminent Domain

Amendment 6

• Guarantees speedy trial

• Impartial jury of your peers

• Be informed of your charges

• Face your accusers

• Call your own witnesses

• Assistance of counsel for your defense– Does the government have to provide

counsel?

Amendment 7

• Civil suits involving large sums of money are tried in Federal Court.

8th Amendment

• Protection from excessive bail, fines, and cruel and unusual punishment.

9th Amendment

• Reserved rights of the people

10th Amendment

• Reserved rights of the states

11th Amendment

• No federal Court may try a case where a state is being sued by a citizen of another state.

12th Amendment

• Provided for separate election of President and Vice President.– Election of 1800

• First election with political parties• Democratic Republicans Thomas Jefferson and Aaron Burr• vs.• Federalists John Adams and Charles Pickney• Constitution states electors shall cast two votes and the

candidate with the most votes shall be President and the second most shall be Vice President.

• Running mates Thomas Jefferson and Aaron Burr tied at 73 because the votes were cast together.

• Adams and Pickney received 65 and 64.

12th Amendment Continued

• Even though the Democratic Republicans had intended Jefferson to be President the decision fell upon the House of Reps which was dominated by Federalists.

• Initially the House was going to select Aaron Burr, but Alexander Hamilton the legislative leader encouraged the House to elect Jefferson because of his long time hatred with Aaron Burr.

The Duel• Hoping that a victory on the dueling ground could revive his flagging

political career, Burr challenged Hamilton to a duel. Hamilton wanted to avoid the duel, but politics left him no choice. If he admitted to Burr's charge, which was substantially true, he would lose his honor. If he refused to duel, the result would be the same. Either way, his political career would be over.

After Hamilton's and Burr's seconds tried without success to settle the matter amicably, the two political enemies met on the dueling grounds at Weehawken, New Jersey on the morning of July 11. Each fired a shot from a .56 caliber dueling pistol. Burr was unscathed; Hamilton fell to the ground mortally wounded. He died the next day.

Instead of reviving Burr's political career, the duel helped to end it. Burr was charged with two counts of murder. After his term as vice president ended, he would never hold elective office again. And his next plot to gain power would end with charges of treason.

13th Amendment

• Abolished Slavery

14th Amendment

• Defines a citizen– Equal Protection CLause

15th Amendment

• Granted former slaves the right to vote.

16th Amendment

• Graduated Income Tax

17th Amendment

• Direct Election of US Senators

Amendment 18

• Started Prohibition

Amendment 19

• Women’s Suffrage

Amendment 20

• Changed Inauguration Dates and Congressional Meeting times (Lame Duck Amendment).

Amendment 21

• Ended Prohibition

Amendment 22

• Limits the President to 2 four year terms (FDR)

Amendment 23

• Three electoral votes for Washington D.C.

Amendment 24

• Ended the use of a poll tax

Amendment 25

• Cleared up questions of Presidential Succession

Amendment 26

• Changed Voting age from 21 to 18

Amendment 27

• Congressional Pay raises will not take effect until after the next House election.