U.S. Constitution

PREAMBLE Article 1

Article 2

Article 3

Article 4

Article 5Article 6

Article 7

Bill of

Rights

Amendments 11-27

PREAMBLE

FORM A MORE PERFECT UNION

ESTABLISH JUSTICE

INSURE DOMESTIC TRANQUILITY

PROVIDE FOR THE COMMON DEFENSE

PROMOTE THE GENERAL WELFARE

HAVE LIBERTY FOR OUSELVES AND DESCENDANTS

A More Perfect Union

• U.S. was operating under Articles of Confederation (a type of Constitution)

• Was a limited form of gov’t.

COULD NOT

1. COLLECT TAXES

2. REGULATE TRADE

• Had to ask states for money

A More Perfect Union

COULD

1. Deal with foreign countries

2. Borrow money

3. Declare war

4. Run a post office

COULD NOT

• Enforce laws

Establish Justice

• Under Articles of confederation, there were no national courts

• Had to depend on state courts for justice

Domestic Tranquility

• Make sure the country was peaceful

Common Defense

• Since the country could not tax but had to ask states for money, hard to have an army and navy

Promote the General Welfare

• Take care of the citizens

• But, without money, hard to do

Liberty

• Freedom for all and our posterity (children)

3 Branches of Gov’t.

JUDICIARY

LEGISLATIVE EXECUTIVE

Legislative Branch• Senate and House of Representatives

• Make our laws

• Appropriate Money

• Regulate Immigration

• Establish Post Offices and Roads

• Regulate Interstate Commerce and Transportation

• Declare War

• Impeach and trial

Legislative Branch

HOUSE OFREPRESENTATIVES

• Each state gets representatives according to population

• Illinois has 19 Representatives

SENATE

• Each state gets two Senators

Richard Durbin Mark Kirk

Aaron Schock

House of RepresentativesQualifications

• 25 years old

• Live in district

• 7 years a U.S. citizen

Duties of House

• All money bills start in House

• Impeach members of Executive and Judiciary

• Seat or not seat members

• Make rules for chamber

• Keep a record

Senate

• 6 year term• U.S. citizen for 9 years• Live in state• V.P. is President of Senate – When

gone, elects its own President. (Shared powers)

• Judges impeachments

Law Making Process

1. Bills passed by one house go to the other

2. If approved go to President for approval

3. If approved, become law

4. If not, sent back to Congress

5. Can over ride with 2/3 vote of each house

Powers of Congress

•Go to page 232 of Text.

Powers Denied to Congress

• Can’t stop slave trade until 1808• Can’t suspend Habeas Corpus

unless emergency• No Bills of Attainder or Ex-Post

Facto Laws• No direct taxes (amended)• Can’t tax exports between states

Powers Denied to Congress

• No preference in trade

• Money spent - Must pass a bill and publish money spent

• No titles of nobility

Powers Denied to States• Treaties with other countries• Declare war or engage in war• Coin money• Bills of attainder or ex-post facto laws• Titles of nobility• No import – export laws• No armed forces except militia

Compare - Contrast

House of Representatives

• Elected by the people

• 2 year term• Age 25• U.S. Citizen 7 years• Live in district

Senate

• Chosen by State Legislatures – Changed by amendment to election by people

• 6 year term

• Age 30

• U.S. citizen 9 years

• Live in state

Powers of Senate• Chose President Pro – Tem

• Vote on bills sent by House of Rep.

• Judge impeachment trials

• Approve

1. Presidential appointments

2. Treaties

Executive BranchPresident and Vice President

Qualifications

1.Natural born citizen

2.35 years old

3.Resident of U.S. for 14 years

EXECUTIVE BRANCH

• President and Vice President

• Appoint (with approval of Senate) persons to be in charge of parts of Government, Ambassadors, and Judges

• Commander-in-chief of Armed forces

• Grant reprieves and pardons

• State of the Union – info to Congress

Executive Branch

• Convene one or both Houses

• Adjourn both houses if they can’t agree

• Receive ambassadors

• Execute the laws

Can one person do all this?

NO!!

Who helps the President?

The Cabinet

What is the Cabinet?

The Cabinet

• In Washington’s day it was

• Secretary of the Treasury• Secretary of State• Secretary of War• Attorney General

The Cabinet• Under Lincoln

• Secretary of State • Secretary of the Treasury • Secretary of War • Attorney General • Postmaster General• Secretary of the Navy• Secretary of the Interior

Obama’s Cabinet• Treasury

• State

• Defense

• Attorney General

• Agriculture

• Commerce

• Education

• Energy

• Health and Human Services

• Homeland Security

• Housing and Urban Development

• Interior

• Labor

• Transportation

• Veterans Affairs

Electing a President

When you vote, do ACTUALLY elect a

President?

NO!!

The Electoral College elects the President

How it works• When you vote, you are actually

electing ELECTORS

• If more Republican votes are in a state, there are Republican electors

• If more Democratic votes are in a state, there are Democratic electors

How it works

Example

• Illinois had 21 electoral votes

19 Representatives

+ 2 Senators

= 21 Electoral votes

538 electors

Article 3The Judicial Branch

• 1 Supreme Court

• As many lesser (inferior) Courts as Congress makes

• Judges serve until

1. They quit or retire

2. Removed for bad behavior

• Judges get paid and their pay cannot be cut

Jurisdiction• Constitutional law cases• Ambassadors• Cases when the U.S. is sued of the

U.S. sues• Cases between 2 states• The U.S., its citizens and other

countries

Trial by Jury

• Trials are by jury in the state where the crime was committed

• Except impeachment

Treason

1.Warring against the U.S.

2.Helping U.S. enemies

3.Must be 2 witnesses of an action

4.Admission of guilt

Article 4States

• Every state must recognize public acts of other states:

SUCH AS

1.Marriage

2.Drivers licenses

• Every state MUST allow privileges to all no matter what state they are from

Extradition

• If a person runs from the law and are caught in another state, they must be returned to the state where they are charged.

Fugitive Slaves

• Under the original Constitution, run away slaves had to be returned.

• This was changed by the 13th Amendment banning slavery

New States

• New states can be admitted by Congress

• NOTE:

The Constitution doesn’t way how this will be done, SO, how did we get the rules?

THE ELASTIC CLAUSE

• New states cannot be made from old states with approval.

Federal Lands

• What doesn’t belong to a state or a private individual is Federal land and can be sold by the U.S. Gov’t.

Protection

THE FEDERAL GOVERNMENT MUST

• Protect states from foreign invasion

• Help with domestic violence

• Guarantee a republican form of government

Article 5Amendments

• The Constitution can be changed by amendment

PROCEDURE

1. 2/3 OF Congress propose amendment then approved by ¾ of the states

2. 2/3 of states propose amendments then approved by ¾ of the states

Article 6Debts, Supremacy, Oath

• All debts from the Revolution will be paid by the U.S., not the states

• The Constitution is the SUPREME law of the U.S.

• Everyone elected and appointed to U.S. and state offices must take an oath

• No religious test – it doesn’t matter what church you go to

Article 7Ratification

• When 9 states ratify, the Constitution takes effect

Amendments

•First 10 are called the Bill of Rights

Amendments

1. Freedom of

• Speech

• Religion

• Press

• Assembly

• Petition

Amendments

2. Right to bear arms

Amendments

3. No quartering of troops – the government cannot put soldiers in your house to live

Amendments

4. No unreasonable searches and seizures

Amendments5. Grand jury indictment

No double jeopardy

No forced confessions

Due process of law required

Private property cannot be taken without compensation

Amendments

6. Speedy and public jury trial

Defendant knows the charges

Cross examine witnesses

Present own witnesses

Have an attorney

Amendments

7. Jury trials in civil cases

Once a jury rules, no other court can examine the facts

Amendments

8. No excessive bail

No excessive fines

No cruel or unusual punishment

Amendments

9. There are more rights than just the Bill of Rights and the government cannot claim those or take them away.

Amendments

10. If a power is NOT given to the Federal Government, that power belongs to the states

Amendments

13. No slavery in the U.S., territories or possessions

Amendments

14. If you were born in the U.S. or naturalized, you are a citizen

No state can take away your rights as a citizen

No state can take your life, liberty or property without due process of law

Every citizen must be treated equally

Amendments

15. Right to vote no matter what your skin color, or previous servitude

Amendments

19. Women’s right to vote

Amendments

24. Cannot tax people for voting right

Amendments

26. Lowered voting age to 18