U.S. Constitution

ConstitutionConstitution1. U.S. ConstitutionU.S. Constitution – 4,300 words in 7 main parts or sections called

articles. Including the 27 amendments27 amendments, there are 6,700 words.

The Seven ArticlesSeven Articles are: a. Legislative b. Executive c. Judicial d. Relations Among States and the Federal Government e. Amending Process f. National Supremacy g. Ratification of the Constitution [9 of 13 colonies]

2. FormalFormal [constitutional] Amendments[constitutional] Amendments – 27 amendments ratified by the States [Over 10,000 have been proposed; 33 were sent to the States and 27 were approved.]

3. Informal [non-constitutional] AmendmentsInformal [non-constitutional] Amendments – non-constitutional changes implemented by:

a. Party PracticesParty Practices – conventions

b. Congressional LawsCongressional Laws – Constitution says congress can make “all “all laws necessary and proper”laws necessary and proper” [elastic clauseelastic clause]. This allows them to stretch their power such as “the power to regulate currency”“the power to regulate currency” and allowed them to create a national bank in 1819.

c. Presidential actionsPresidential actions – presidents have expanded the power of the presidency by doing things like sending troops into combat over 200 times.

d. CustomsCustoms – appoint cabinet positionscabinet positions and forming political partiespolitical parties.

e. Court decisionsCourt decisions – The Supreme Court just took the power of judicial review by declaring State and federal laws unconstitutional [null and void]. No one has challenged them on this.

Weaknesses of the Articles of ConfederationWeaknesses of the Articles of Confederation 1781-1787.

a. Could not collect taxesCould not collect taxes

b. There was no executive branchno executive branch [feared the re-establishment of a monarchy, however, there was no executive to enforce acts of congress due to bad experience with George III.].

c. No national court systemNo national court system

d. UUnanimous nanimous approval approval of allof all 13 S 13 Statestates for an amendment for an amendment [one State had veto power over any amendments]

e. States had too much autonomyStates had too much autonomy

6. New Jersey [small State] PlanNew Jersey [small State] Plan – each State received one vote.

7. Virginia [ large State] PlanVirginia [ large State] Plan – one house’s representatives would be based on population and they would chose members of the other house.

8. Great [Connecticut Plan] CompromiseGreat [Connecticut Plan] Compromise – one house based on population [each State would get at least one representative] and the other house would have 2 members from each State.

9. Bill of RightsBill of Rights – civil liberties [speech, religion, press, etc. is the 1st 10 Amendments.

10. Separation of PowersSeparation of Powers – power is distributed among the 3 branches.

11. Checks and BalancesChecks and Balances – each of the three branches of government is subject to checks by either or both of the others.

There are Three Delegated [granted] Powers of the National Government

12. Expressed PowersExpressed Powers of the National Government – written in constitution.

13. Implied PowersImplied Powers of the National government – not written but implied in the constitution by the elastic clauseelastic clause [“shall make all laws necessary and “shall make all laws necessary and properproper” (which means ” (which means “convenient and useful”“convenient and useful”))]

14. Inherent PowersInherent Powers of the National Government – because of nationhood [like acquiring territory or deporting aliens]

Delegated PowersDelegated Powers

Expressed PExpressed Powersowers

[enumerated][enumerated]

Implied PowersImplied Powers[suggested][suggested]

Inherent PowersInherent Powers[historically possess][historically possess]

Written in the Constitution [17]

Elastic Clause:Necessary & Proper [hundreds]

Just becauseit’s a nation

Example:*Congress can coin money & declare war

Example:*Congress regulates

immigration and acquires territory

Example:*Congress buildsinterstate hwy sys

15. Marbury v. MadisonMarbury v. Madison [1803] – 1st case in which an act of Congress was declared act of Congress was declared unconstitutionalunconstitutional [null and void] by the Supreme court. 1,000 laws of the States have been declared unconstitutional and 150 acts of congress have been declared unconstitutional.

16. Plead the 5Plead the 5thth – don’t have to testify against yourself or your spouse.

17. Due ProcessDue Process – fair and equal treatment under the law. Laws have to be fair and legal.

18. Double JeopardyDouble Jeopardy – tried twice for the same crime.

19. Eminent DomainEminent Domain – the government can take your property for public use, but they do have to pay you a fair price.

20. Exclusionary RuleExclusionary Rule – evidence gained by unlawful search or seizure.

21. Probable CauseProbable Cause – good reason or “probable cause” that the suspect is guilty.

22. Ex Post FactoEx Post Facto – “after the fact”“after the fact” declaring something a crime even though it was legal when it was committed. Like, “can’t be punished today for wearing wearing polyester leisure suits and bell bottomspolyester leisure suits and bell bottoms in the 1970s.

Articles of ConfederationArticles of Confederation The US ConstitutionThe US Constitution1. Unicameral Congress (1 house)

2. Equal (one) vote in Congress per state

3. No Executive Branch

4. No Judicial Branch

5. 9 out of 13 states had to approve laws in Congress

6. States could coin their own money

7. States could regulate trade with states and foreign nations

8. States had great autonomy to govern themselves

9. Only states had the power to impose taxes

1. Bicameral Congress (2 houses)

2. In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population

3. Executive Branch established, lead by US President, carries out laws

4. Judicial Branch established, headed by Supreme Court, interprets laws

5. Majority rules! (50% +1 in each house to pass laws)

6. Congress has exclusive right to coin money

7. Only Congress could regulate trade with states and foreign nations

8. States recognize the US Constitution as the final word on all matters

9. Congress can impose taxes as well

Popular SovereigntyPopular Sovereignty

The principle that the people are the The principle that the people are the source of power – found in the source of power – found in the PreamblePreamble

Popular Sovereignty– the right to liberty from oppression by outside sources

– Each state receives its power from the people.

I. The first principle is POPULAR SOVEREIGNTYPOPULAR SOVEREIGNTY (the people rule)The Constitution acts as a contract with the The Constitution acts as a contract with the

people:people:1. People grant government powers so they can get the work

of the nation done2. People spell out what the government may NOT do3. Popular [people] sovereignty [absolute rule] –absolute

power is invested in the peoplepeople.4. The “We, the peoplepeople” in the Preamble, shows that the

people are the only source of governmental power.5. The government may govern only with the consent of the

people is what popular sovereigntypopular sovereignty means.6. The Framers feared that direct democracy would lead to mob mob rulerule. They believed that elected representatives would make more reasoned judgments than the people themselves.

Popular Sovereignty

How can Popular Sovereignty be threatened?

A prime example of this kind of attack is when Iraq took over Kuwait during the Gulf War. Iraq was exerting power over the rights and liberty of citizens of another country and, in doing so,

threatened the popular sovereignty of that nation.

Popular Sovereignty

Can elected officials have too much power and oppress those who are electing them?

How is popular sovereignty maintained in third world countries?

The people elect public officials to make laws for them.

It would be too difficult for everybody to directly vote on every governmental matter that needed to be addressed, so we elect politicians we agree with to vote for us in Congress.

This is called representative governmentrepresentative government (system of government in which voters choose representatives to govern them).

The people choose officialspeople choose officials for the following national offices:

• House of Representatives (Art. 1, Sec. 2)

• Senate (Amendment 17)• Members of the Electoral College (who vote for the President)

Voting rights have increased over time. When the Constitution was ratified, only white men over the age of 21 who owned property could vote.

1789White, male, at least 21 years old,

land owner (in most cases)

1800-1850’sWhite, male, at least 21 years old

1870Male, at least 21 years old

(black men gained the right to vote- 15th Amendment)

1920At least 21 years old

(women gained the right to vote- 19th Amendment)

1961Citizens living in Washington, DC can vote in presidential elections

(amazingly, those living in the District of Columbia could not vote for President of the United States because they were not a state and had no electoral votes… the 23rd Amendment gave DC 3 electoral

votes)

1971All citizens who are at least 18 years

old may vote (26th Amendment)

The Bill of Rights [first 10 amendments] protect human rights by limiting the power of national government. [“Congress shall make no law” guarantees freedom of religion, speech, press, assembly, and petition.

Limited government reflected the Framers fear of too much power [tyranny] accumulating in any one branch.

The government must obey the law.

Limited Government

Limited Government– The government can ONLY do the things the people

have given it the power to do.

– Flip of PopSov People are the only source of any and all of government

authority.

– Rule of Law or Constitutionalism Freedom of religion, press, speech, assembly, and petition.

Limited Government

How has limited government grown after 911?

What is a matter of national security?– Local Law Enforcement?– Beef?– Subsidies

Limited Government

How far should the government go in helping individual people?

NAFTA – Why?

Minimum Wage Law– What are the effects? Better for Big Business or for Workers?

Increase Poverty and Unemployment How?

Limited Government

How do you fix problems with violence?

Increase Taxes?– People have less to spend. More problems.

Public Housing?– Incentive to maintain? Not really? Other people are

spending your money.

Separation of Powers

Three Distinct and independent branches.

For example, the President appoints judges and departmental secretaries. But these appointments must be approved by the Senate. The Congress can pass a law, but the President can veto it. The Supreme Court can rule a law to be unconstitutional, but the Congress, with the States, can amend the Constitution.

Legislative Branch

The legislative branch is in charge of making the laws.

It is separated into two houses– Senate

Must be 30yrs old and a U.S. citizen for 9 years.

– House of Representatives Must be at least 25yrs old and a U.S. citizen for 7 years.

Executive Branch

Separated into two offices– President– Vice President

Must be a citizen from birth 35 yrs old or older Resident of the country for 14 yrs.

Judicial Branch

Judicial Power- Right of the courts to decide legal cases.

– Federal judge serves for life.

Jurisdiction– Federal courts have jurisdiction to hear cases that involve the

constitution, federal laws, treaties, foreign ambassadors, diplomats, naval laws, disagreements between states or between citizens from different state and disputes between a state or citizen and a foreign state or citizen.

Judicial Review

DMV suspends your license.

You cannot get a building permit to build a house.

You get kicked out of school.

Judicial Review

What questions do courts ask?– Does the decision-maker have the authority

necessary to make this type of decision?– Is there a right to be heard? What type of decisions

are set in stone and can’t be reviewed?– Did the decision-maker fail to take into account

relevant considerations?– Is the decision maker an expert in their field? If so,

then Court probably will not take case.

Checks and Balances – the three branches of government are not completely independent of one another but are tied together by a complex system of checks and checks and balancesbalances.

All three share power with the others. A. each one is subject to checks by either or both of the others. B. There are checks when the President vetoes an act of Congress,

or Congress overrides a presidential vetoCongress overrides a presidential veto. Or the Senate rejects a presidential appointee, or when Congress removes judgesCongress removes judges through impeachment.

C. This check and balance system makes compromise necessary.

Legislative Branch Checks Over…

Executive Judicial• can override presidential veto• confirms presidential appointments• ratifies treaties• can declare war• appropriates money• can impeach and remove president

• Create lower federal courts• Can impeach or remove judges• Can propose amendments (overruling judicial decisions)• Approves appointments of federal judges

Executive Branch Checks Over…

Legislative Judicial• can propose laws• makes appointments• negotiates foreign treaties• can veto laws• can call special sessions of congress

• appoints federal judges• can grant pardons to federal offenders

Judicial Branch Checks Over…

Executive Legislative

• can declare executive actions to be unconstitutional

• can declare laws and acts of Congress to be unconstitutional

The framers recognized that state governments

could deal with the needs of their people better than a

national government

For this reason, they sought to create a nation that had

shared powers between the shared powers between the federal government and the federal government and the

state government state government [[federalismfederalism]]

National National Government

Government

State

Governments

overnments

Federalism

The powers of the national government are either expressed or implied in the Constitution of the United States of America.

Some powers of the national government belong only to that part of the government.

Expressed Powers -- these powers are specifically written in the Constitution

Implied powers -- these powers are interpreted from other powers that are listed in the Constitution.

Powers like declaring war and deciding who can immigrate to the US…belong only to the national government.

Federalism

The powers not given to the national government by the Constitution of the United States of America are reserved for the states.

Powers that belong only to the states include things like:

– issuing drivers licenses

– issuing hunting and fishing licenses

– deciding educational issues within the state.

Federalism

The Constitution of the United States of America denies powers to both the national and state governments.

One thing that neither government can do is take away the individual right of the citizens of the nation and of the states.

No one can take away your freedom of religion or speech, or any of your other rights.

Federalism

Primary responsibilities of each level of government

National—Conducts foreign policy, regulates commerce

State—Promotes public health, safety, and welfare

FEDERAL FEDERAL POWERSPOWERS

STATE POWERSSTATE POWERS

SHARED POWERSSHARED POWERS

• Regulate interstate andforeign trade• Create and maintain armed forces• Coin Money• Declare War• Admit new states• Establish foreign policy• Make peace treaties

• Regulate trade within state borders• Conduct Elections• Create local governments• Provide for public safety• Establish laws about marriage & divorce• Control Education

• Raise Taxes• Build Roads• Create and impose penalties for crimes• Charter Banks• Provide for the public welfare

The President plays no formal role in the amendment process. They are not sent to him to be signed or vetoed. He does have political influence. Congress decides the method of ratification.

1. First Method – passed by 2/32/3 vote of both houses of congresscongress and ratified by ¾ (38) State legislaturesState legislatures.

[26 of the 27 amendments were adopted this way.]

2. Second Method – same as the first one except ratified by 38 State State conventionsconventions called for that purpose. The 21st Amendment, repealing the 18th, was the only one done this way.

3. Third Method – 2/3 of State legislaturesState legislatures (34) could call a National National conventionconvention. The amendment would have to be ratified by ¾ of the State legislatures.

4. Fourth Method – may be proposed by a National conventionNational convention and ratified by ¾ (38) of the State conventionsState conventions.

Formal Amendments are proposed at the NationalNational level and ratification is a StateState by State matter.

This reflects the federal character of our government.

2/32/3 of each house each house of the US Congressof the US Congress

can propose amendments

2/3 of states2/3 of states can call for a national national

conventionconvention for the purpose of proposing

amendments

FormalFormal

3/4 of the state legislatures

must approve

3/4 of special state conventions

must approve

FormalFormal

Amendment Arguments

State legislatures are not a clear-cut expression of the people.

State Legislators are chosen by: name familiarity, party membership, stands on taxes, schools, and welfare programs, not their stance on an amendment.

Advisory Votes

Informal Amendment Process

Can take place in five different ways.– Basic Legislation – Laws, Provisions, additions.– Executive Action – Agreements and Provisions.– Court Decisions – How to interpret and apply.– Party Practices – Government through parties.– Customs – Reactions to circumstances.

25th Amendment – Order of Command.

Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS5 GREAT BASIC FREEDOMS. [“Civil Liberties” or freedom of expressions are the keystone of individual freedomkeystone of individual freedom.

a. Freedom of ReligionFreedom of Religion or not to have a religion. People may worship or not worship as they please.

The government cannot favor one religion over another [separation of church and State – no prayers or devotional reading from the Bible in school.]

b. Freedom of Freedom of speechspeech – this freedom is restricted if it harms others. We have laws against slanderslander [spokenspoken] or libellibel [written statementswritten statements] intended to damage one’s reputation.

Speech that offends the moral senseoffends the moral sense [obscenityobscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished.

c. Freedom of the PressFreedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no no prior restraintprior restraint –stopping the spreading of news before they are published or broadcast.

d. Right to assembleRight to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful.

e. Right to petition government officialsRight to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

Amendment 2. Right To Keep And Bear ArmsRight To Keep And Bear Arms The purpose was to prevent Congress from denying States the right to

have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.

Amendment 3. No Quartering of Troops In HomesNo Quartering of Troops In HomesThis is absolute during peacetime; limited during wartime.

Amendments 4-8 protect the individual in dealing with the police and courts.

Amendment 4. Limits The Conditions Under Which Limits The Conditions Under Which Police May Search for and Seize Evidence Police May Search for and Seize Evidence and and People People [Privacy Amendment] [Privacy Amendment]

A. No “Fishing Expeditions”“Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].

B. In most cases, a search or arrest warrantwarrant will be necessary. The warrant must describe the specific placespecific place to be searched and the persons or things to be seizedpersons or things to be seized.

C. A police officer may chase a suspect into his house & may chase a suspect into his house & not secure a warrantnot secure a warrant (this would be probable cause).

D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be used unlawful search or seizure cannot be used at theat the trial trial. [Exclusionary Rule–has to be excludedexcluded]

Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”“rights of the accused”]

A. A person can be triedcan be tried for a serious crimefor a serious crime only if he has been accusedaccused of of that crime by a grand jurythat crime by a grand jury.

B. No one may be tried twice tried twice for the for the same offensesame offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense]

C. No one may be forced to testify against himselftestify against himself or his spouse. You don’t have to answer questionsby the police or the courts. [Plead the “5Plead the “5th”th”]

D. No one can be deprived of life, liberty, or property without due process of lawdue process of law [fair and equal treatment under the law].

E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT EMINENT DOMAINDOMAIN [taking property for taking property for public usepublic use], it must pay a fair price.

New Cowboys stadiumNew Cowboys stadiummeant property losses.meant property losses.

Amendment 6. Right To A Speedy TrialRight To A Speedy Trial

A. IMPARTIAL JURYIMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity.

B. Right to be told what crime told what crime you are accused of you are accused of.

C. Right to hear and question all question all witnesseswitnesses against you.

D. The right to compelright to compel [require their testimony] witnesses to appear at a trial to tell your side of the story.

E. Right to a lawyer.Marcia ClarkMarcia Clark

Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20disputes in excess of $20.

Amendment 8. No Excessive Bail or FinesNo Excessive Bail or Fines, or “Cruel and Unusual Punishment”“Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and waterbread and water as both cruel and unusual]

Tar and Tar and Feathering Feathering TheThe

““Rack” Rack”

Amendment 9. Unenumerated RightsUnenumerated Rights – The Constitution does not describe all of our rights. This amendment guarantees those fundamental rights not those fundamental rights not enumerated enumerated. Courts can’t define all your rights but that doesn’t mean you don’t have them.

Amendment 10. Limits The Power Of The Federal GovernmentLimits The Power Of The Federal Government. Powers not granted to the U.S., nor prohibited to it by the States are given to the States or the people. But what are they? State and federal governments have fought over what this means. In 1860, Southern States thought they had the right to quit the Union, starting the Civil WarCivil War. The Union victory cemented the supremacy of federal supremacy of federal powerpower.

Both the 9th and 10th Amendments echo the theory of the social contractecho the theory of the social contract; if the people have not agreed to delegate the powers, people still have them.

As people put the Constitution into practice, they found that the

machinery of government did not work exactly the way its did not work exactly the way its

designers had expecteddesigners had expected. Slight changes were madechanges were made in the

11th and 12th Amendments.

Amendment 11. [1798] Removed From The Federal Courts Removed From The Federal Courts All Lawsuits By Individuals Against States.All Lawsuits By Individuals Against States.You can bring suit against any State by introducing the case

in the courts of the State that is being sued.

Amendment 12. [1804] Changed The Electoral system For Changed The Electoral system For

Choosing The President & Vice President.Choosing The President & Vice President.Originally, there was no distinction between candidates for president and vice president.

Civil WarCivil War Amendments Amendments – 13, 14, & 15 – wiped out slavery.

[13 – freedfreed the slaves; 14 – gave citizenshipcitizenship; 15 – gave right votevote]

Amendment 1313. [1865] Banned Slavery and Involuntary Banned Slavery and Involuntary

ServitudeServitude.

Amendment 1414. [1868] Guaranteed Citizenship to Guaranteed Citizenship to the Freed slaves and Guaranteed Their Rightsthe Freed slaves and Guaranteed Their Rights..All citizens were to get “Due Process”“Due Process” [now was applied to the States] and “Equal Protection” of the laws.

Amendment 1515. [1870] Guaranteed The Right Of Freed Guaranteed The Right Of Freed Slaves To VoteSlaves To Vote.

Amendment 1616. [1913] Income Tax Laws are LegalIncome Tax Laws are Legal.

Amendment 1717. [1913] Senators Will Be Elected By People, NotSenators Will Be Elected By People, Not

LegislaturesLegislatures.

Amendment 1818. [1919] ProhibitionProhibition [Prohibited the manufacture, sale, or transportation of alcoholic beverages]

A. Prohibition didn’t stop drinkingProhibition didn’t stop drinking, or people from making and selling beer, wine, or whisky.

B. BootleggersBootleggers became rich by selling illegal liquor and bribing government officials. [In 1933, it was canceled by the 21st Amendment]

This attempt to make public policy was a disasterdisaster. It lasted for 14 years (1919-1933). GangstersGangsters bootlegged liquor; people died from drinking homemade booze; and millions broke the law by drinking anyway.

Amendment 1919. [1920] Women’s SuffrageWomen’s Suffrage [Right to votevote] In 1872, 218 women from 26 States were arrested for picketing the White House. 100 went to jail, some for months. Hunger strikes followed. The movement had began in 1873 by Susan B. Anthony.

Women had been voting in some State and local elections since 1869.

It took 133 years for women 133 years for women to get to vote to get to vote in national elections.

Amendment 20. [1933] “Lame Duck Amendment”Lame Duck Amendment” A. Set new dates for the startstart of of termsterms for

Congress [January 3, instead of the first Monday of December following the election] and for the inaugurationinauguration of the President and Vice President [January 20, instead of March 4]

B. Defeated candidates were called “Lame Ducks”“Lame Ducks” suggesting that their political wings had been clipped. This shortened the time they could remain in office.

Amendment 21. [1933] Repealed Repealed the the 1818thth Amendment Amendment [Prohibition]

Amendments 22–26 deal with the presidency and with presidential elections.

Amendment 22. [1951] Two-term Limit For Presidents or Not Two-term Limit For Presidents or Not More Than 10 YearsMore Than 10 Years.

Amendment 23. [1961] Presidential Electors For Washington DCPresidential Electors For Washington DC.

A. People living in the nation’s capital could not vote in previous national elections.

B. This gave them 3 members of the Electoral College, the same number elected by each of the less populous States. They now could vote.

Amendment 24. [1964] Poll Tax Banned In Federal ElectionsPoll Tax Banned In Federal Elections A. Five States were still requiring a fee to vote.

Many thought this was discriminatory.

B. Poll taxes were banned in State and local elections in 1966. [It violated the “equal protection clause” of the 14th Amendment]

Amendment 25. [1967] Presidential Disability and SuccessionPresidential Disability and Succession A. Vice President SuccessionVice President Succession – President nominates a Vice

President and a majority of both houses must approve.

B. Presidential DisabilityPresidential Disability – this is decided by the Vice President & a majority of the Cabinet. They send a written proclamation to the President pro tempore of the Senate and the Speaker of the House. The Vice President takes over as acting President. When the president recovers, he sends a written declaration to the same officials. If there is a disagreement over his recovery, the Vice President and Cabinet sends a new declaration within 4 days of the President’s. Congress must decide by a 2/3 vote within 21 days.

AMENDMENT 24: ABOLITION OF POLL TAXES - 1964

The right of United States citizens to vote in Presidential and Congressional elections will not be denied by reason of failure to pay any poll tax or other tax

1942 cartoon critical of Poll Tax

Amendment 2626. [1971] Voting Age is Lowered To 18Voting Age is Lowered To 18.

Who cannot voteWho cannot vote? [the insane, criminals and those dishonorably discharged from the armed forces]

Amendment 27. [1992] Congressional PayCongressional Pay.

No law changing the compensationchanging the compensation for the services of the Senators and Senators and RepresentativesRepresentatives, shall take effect, until an election of Representatives shall have intervened.

TODAY’S CONSTITUTIONAL ISSUES Gun Control and the 2nd

Amendment Death Penalty and Cruel and

Unusual Prayer in Schools 1st Amendment Censorship & Free Speech Terrorism and Seize and Seizure

rules – 4th Term Limits for Congress Campaign finance reform Abortion and Due Process rights –

5th

Probable vs. Reasonable Cause

The probable cause requirement is, in many ways, more important than the reasonableness clause. Not all search and seizures require warrants (e.g., automobile searches, arrest in a public place), but the Supreme Court has interpreted warrantless searches and seizures as unreasonable unless preceded by probable cause. This means that as a general rule, most searches and seizures require probable cause.

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

Who determines the amount of Representatives each state will receive? (Congress)

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

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

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

Reapportionment

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

Gerrymandering--Redrawing district lines to favor a political party

One man – one vote (each district has to have about the same number of people)

Seven states with one U.S. Representative: (North Dakota, Montana, Wyoming, Vermont, Alaska, Delaware, South Dakota)

What happens if a Representative dies in office?

Usually a governor will issue an election to fill the vacancy

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. How is a Senator different from a member of the House of Representatives?

Senators term is 6 years 1 vote per Senator 2 Senators per state (all states get the same

amount) Originally Senators were chosen by state

legislatures Today chosen by direct election (17th Amendment)

Is it possible for both Senators from one state to be up for re-election at the same time? (No)

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. 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. What are the qualifications of a HOR?

25 years old

7 years a citizen of the United States

Be a resident of the state you are elected from.

Officers of the Senate

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 Pro Tempore - presides temporarily when vice-president is not available (very little power)

Usually senior ranking member of the Senate – of the majority party

Majority Leader - controls the agenda of the majority party

Majority Whip - helps the majority leader

Minority Leader - A watchdog function over the majority party

Minority Whip - helps the minority leader President of the Senate (Biden) only votes if there is a tie

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

Chief Justice presides over impeachment hearings.

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 Four - When Does Congress Meet in Washington,

D.C.?

1. Clause one - When are the national elections held?

At one time federal elections were not uniform. Some states held them on different days and months.

National Election Day was set by Congress (1st Tuesday after the first Monday of November)

So When does Congress Meet?

Must meet one time a year (Why?)

1933—20th Amendment established January 3rd as the meeting date (a two year working period)

Section Five—Rules of Procedures1. 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

Powell v McCormack(1969) - SC allowed Powell his seat in the House of Representatives

2. Does the House and the Senate following the same proceedings and rules? (No)

House of Reps and the Senate have different rules

Filibuster—Delaying a bill through the use of discussion

Senate has Filibusters, House is more stringent on how they control debate

Strom Thurmond—longest filibuster, 24 hours 18 minutes

Cloture rule—rule in the Senate that will end a filibuster if 60 Senators agree to vote for the closing of debate

Censure—punishing a member of Congress, take away some of their power or seniority

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

Sunshine Law—All meetings must be open to the public and all records about the session are open to the public as well

Can the House and the Senate adjourn at different times?

Adjourn—to stop meeting

Consent—Need consent of the other house if you are going to adjourn for more than three days (law making process would stop if only one house adjourns, usually joint adjournment)

Section Six—Privileges and Restrictions

1. Clause One - What is the salary and benefits for a member of Congress?

Compensation—members of Congress will be paid ($169,300 per year)

Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress

(breach of peace, treason, felony, are not exempt from this immunity)

Slander—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)

Franking—free mail service

Other Privileges

Salary

Travel expense account

Office in D.C. and their state

Special allowance for stationary, phone calls, faxes

Pension

Some tax exemptions

15% of salary for speaking engagements

Unlimited income from book royalties

Legislative Branch

Speaker of the House of Representatives: $223,500 Senate president pro tempore: $195,100 Senate and House majority and minority leaders:

$193,400 Other senators and representatives: $174,000

Also get a “Cost of Living” adjustment every year.– = to inflation

According to the Congressional Research Service, 413 retired Members of Congress were receiving federal pensions based fully or in part on their congressional service as of Oct. 1, 2006. Of this number, 290 had retired under CSRS and were receiving an average annual pension of $60,972.

2. Can a member of Congress also be a federal judge? (No)

Separation of Powers—can’t hold two offices at once from different branches of government

Section 7Method of Passing Bills

Clause One - Where do tax bills start?

All tax bills start in the House.

2. 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

Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law

Pocket Veto - What if Congress adjourns and a bill has not been signed by the President?

Passes one house by majority vote, passes second house by majority vote, goes to president, delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW (Reagan had 8 pocket vetoes)

3. Can the Congress express their opinion without creating a formal law? (Yes)

Resolution—a formal expression of opinion or will

Simple resolution—deals with the matters of one house

Concurrent—deals with both houses and goes to the president for approval

Section EightPowers Delegated to Congress

1. Clause One - Why can Congress collect taxes? Congress can collect taxes for three purposes:

Pay off debts Provide defense Provide for the common welfare

Total Outlays (Federal Funds): $2,650 billion MILITARY: 54% and $1,449 billion

NON-MILITARY: 46% and $1,210 billion

                                                                                                 

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 $10.9 trillion – last year at this time it was around 9.2 trillion – that is 10,600,000,000,000! or $35,316 per U.S. resident

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

4. Clause Four—Naturalization and Bankruptcy

Natural born citizen—born in the United States

Naturalized citizen—foreigner becoming a citizen by following rules set by Congress

A naturalized citizen can never be President of the U.S.

Bankruptcy—courts declare bankruptcy

5. Clause Five - Can a bank make money? (No)

Congress will make money

Congress will set up our weights and measures

1831—English system (foot-pound-mile)

1866—if states wanted to, they could go on the metric system

We are the only large country not on the metric system

6. Clause Six -

Congress will punish counterfeiters

Minting edge - lip on penny and nickel

7. Clause Seven - Mail Service

Federal government will establish a mail service

8. Clause Eight

Congress promotes inventions

Copyrights—Secures rights of ownership for the life of the owner (publications and literature)

Patents—Secures the rights of inventors generally for 20 years

9. Clause Nine

Congress establishes and abolishes courts

10. Clause Ten

Congress can punish for crimes committed on the water

11. Clause Eleven

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

War Powers Resolution (1973) - Attempted to limit presidential power of war

12. Clause Twelve

Congress controls the power of the purse regarding the military

Can’t allow stock piling of money

13. Clause Thirteen

Congress can maintain a navy

14. Clause Fourteen

Congress establishes rules for the military

Court martial - Court proceedings that follow military laws

15. Clause Fifteen

Congress governs state militias (National Guard)

National guard can be deployed for three reasons:

Execute laws of the union

Suppress insurrections (riots)

Repel invasions

16. Clause Sixteen

Congress allows the states to appoint National Guard officers and train their own soldiers

17. Clause Seventeen—Who controls the District of Columbia?

Washington, in the District of Columbia, is a federal city under the control of Congress

Since 1973, people of the city elect their own officials

18. Clause Eighteen—Necessary and Proper Clause

Congress has the power to establish any rules they deem necessary and proper

Elastic Clause—expands the powers of Congress

Section Nine—Powers Denied to the Federal Government

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 Mike Sims 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

4. Clause four

Congress cannot put a direct tax on an individual (16th amendment overrides this)

5. Clause five

Congress cannot tax an export

6. Clause Six

Import taxes must be the same at all ports.

7. Clause Seven

Congress controls the federal budget

8. Clause Eight - Can I receive a title of Duke or Earl of the U.S.?

Titles of nobility will not be granted

Any gifts from foreign countries must be approved by Congress

Section TenPowers Denied to the States

1. Clause One - Can Minnesota create an alliance with Canada? (No)

States cannot form treaties or alliances with any other states or countries

States cannot coin money

2. Clause Two

States can not tax imports or exports without the consent of Congress

3. Clause Three

States can not harbor troops in times of peace

States can not engage in war

Article II—Executive BranchSection 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

3. Clause Three—former method of electoral college (changed by 12th Amendment)

Thomas Jefferson and Aaron Burr each had the same number of electoral votes (73)

Tie would go to the House of Representatives and each state gets one vote, still have to get a majority

Election of 1860 Popular Votes Electoral

Lincoln 1, 866,352 180

Douglas 1,375,157 12

Breckenridge 847,953 72

Bell 589,581 39

Close Elections in History

Popular Votes Electoral Votes

Hayes (1876) 4,033,950 185

Tilden (1876) 4,284,855 184

Bush (2000) 50,456, 169 271

Gore (2000) 50,996, 116 266

4. Clause 4 - When does the Electoral College vote?

Official ballot for President is cast by the Electoral College

Electoral College—cast votes on the first Monday after the second Wednesday in December

The District Method

Nebraska and Maine– Each elector is elected in a particular district. – Thus, the state can be split in regards to which

candidate had the most popular votes for each district.

– Senators are elected by the aggregate.

Arguments against Electoral College

Supporters of direct election argue that it would give everyone an equally weighted vote, regardless of what state he or she lives in, and oppose giving disproportionately amplified voting power to voters in states with small populations. Under the current system, the vote of an individual living in a state with three electoral votes is proportionally more influential than the vote of an individual living in a state with a large number of electoral votes.

Essentially, the Electoral College ensures that candidates, particularly in recent elections, pay attention to key 'swing-states' (those states that are not firmly rooted in either the Republican or Democratic party). It equally assures that voters in states that are not believed to be competitive will be disregarded.

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

35 years old, 14 year resident, natural born citizen

1st seven presidents were not natural born

1st natural born was Martin Van Buren

Youngest—Teddy Roosevelt=42

Youngest elected—John Kennedy=43

Oldest—Ronald Reagan=69

6. Clause Six - Changed by the 25th Amendment

The amendment provides for involuntary removal of the President from his power.

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

Can not increase or decrease during the term

Can not receive any other salary from the federal government during the term

Pays taxes on the income

2001 - Salary doubled to $400,000/ year

8. Clause Eight - The Presidential Oath

Any judge can swear a president into office, most common is the Chief Justice of the Supreme Court

Calvin Coolidge—Sworn in by his father - a Justice of the Peace

LBJ—sworn in on Air Force One by a Dallas judge

“So help me God.”---Washington added this to Oath

Executive Branch

President: $400,000; $50,000 expense account; $100,000 nontaxable for travel; $19,000 official entertainment account; free housing

Retired president: $150,000 pension; plus $150,000 to maintain staff

Former first lady: $20,000 Vice president: $208,100; $10,000 expense

account; free housing Presidential Cabinet member (i.e. secretary of

defense, attorney general, etc.): $157,000

Section TwoPowers of the President

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

Chief President can grant pardons to criminals who have

committed federal crimes

2. Clause Two—Treaties and Appointments

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

3. Clause Three - What if an ambassador dies when the Senate is in recess?

The President can fill position by temporarily appointing someone.

Section Three What are the Duties of the President?

State of the Union Address - The President explains the condition of the country - usually in JanuaryPresident can convene and adjourn Congress in the event of a special circumstanceMain job is to see that the laws are faithfully executed

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

Judicial Branch

Supreme Court chief justice: $208,100 Supreme Court associate justices: $199,200 Circuit judges: $171,800 District judges: $162,100

Section Two—Jurisdiction of the Federal Courts

1. Clause One—Jurisdiction Jurisdiction—power and right to apply

law Plaintiff—one who brings charges Defendant—one being charged Criminal case—when government is

plaintiff (California vs. O.J. Simpson) Civil case—between two or more

people (O. J. Simpson vs. Goldman family)

2. Clause Two - How does a case reach the Supreme Court?

SC has two kinds of jurisdiction:

a. Original—a case is first heard by the SC

b. Appellate—cases that are appealed by a lower court (Most cases come to the SC through appellate jurisdiction)

Thousands of cases are brought to the SC each year

About 75 are heard each year

Writ of Certiorari—an order from a higher court to a lower court to see the records and proceedings of a previous case

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--Treason

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

Clause Two - What is the penalty for treason?

Treason can only happen during time of war

Maximum penalty is death

Espionage, Sabotage, conspiracy to overthrow the government are all similar to treason but happen during times of peace

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 Illinois? (Yes)

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

2. Clause Two—Extradition

Bringing back a fugitive (interstate rendition)

“shall”—tradition, custom, and the courts have interpreted this to mean “may”

Governors can refuse to return a fugitive

3. Clause Three—Fugitive slaves (nonexistent) - Changed by amendment after the Civil War.

“persons” refer to slaves

If a slave escapes from a slave state to a free state, the slave is not free

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

Section Four - Guarantees of the State

The federal government guarantees each state a republicRepublic—Representative democracy where we elect officials to represent our concernsThe government will protect us from invasions

Article VI—General Provisions

Section One - Could the new government evade debts owed as a result of the Revolutionary War? New government can’t evade old debts

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

Article Seven--Ratification

Section One— Convention—calling of delegates from each state to ratify the Constitution Must have nine states to approve the Constitution

CLOSURE

Constitution was finished September 17, 1787

55 total delegates during the convention

42 were present on the final day but only

39 people signed the Constitution

The following two years provided debate for ratification

The United States Constitution took effect April 30 , 1789 when George Washington was sworn in as President

•The First 10 The First 10 Amendments to Amendments to the Constitutionthe Constitution

•Guarantee Guarantee protection of protection of

individual rightsindividual rights

•The First 10 The First 10 Amendments to Amendments to the Constitutionthe Constitution

•Guarantee Guarantee protection of protection of

individual rightsindividual rights

Bill of Rights

Freedom of Speech, Press, Assembly and Petition

Bearing Arms Quartering Troops Searches and Seizures Criminal Proceedings, Due Process and

Eminent Domain

Bill of Rights

Criminal Proceedings Civil Trials Punishment for Crimes Unremunerated Rights Powers Reserved to the States

Amendments

Since 1789, 10,000 resolutions have called for Amendments.– Only 33 have been sent to the States and only 27

have been ratified by the states.

– Bill of Rights 1-10

Amendments (11-15)

11. Immunity of States from certain suits, 1795 12. Changes in Elec. College Procedure, 1804 13. Prohibition of Slavery, 1865 14. Citizenship, due process, and equal

protection, 1868 15. No denial of vote due to race, color, or

previous condition of servitude, 1870

Amendments (16-22)

16. Power of Congress to tax incomes, 1913 17. Popular election of U.S. Senators, 1913 18. Prohibition of alcoholic beverages, 1919 19. Women’s Suffrage, 1920 20. Presidential terms and sessions of

Congress, 1933 21. Repeal of Prohibition (18th), 1933 22. Limit on the number of President’s terms,

1951

Amendments (23-27

23. District of Columbia electoral vote, 1961 24. Prohibition of poll taxes as voter

qualification, 1965 25. Presidential succession and disability,

1967. 26. Voting age of 18, 1971 27. Congressional Pay, 1992