Chapter 9: The Constitution

1. Chapter 9: The Constitution The framers wanted a central government that was strong and lasting They still wanted people�s freedoms Upon leaving Independence Hall in September 1787, how do you convince people to approve this document.

2. Chapter 9: The Constitution The Constitution is written simply and organized clearly. Allowing ordinary people to understand it. The Constitution is divided into parts called �articles� The articles are split into numbered parts whose topics are in a careful order.

3. The Constitution Cont. Article 2 deals with the Presidency. Section One tells you about the President and how he is chosen The second section lists the President�s powers. The third section lists the President�s duties. The fourth deals with how the President can be removed from office. This way people knew where to look for governmental structure and answers

4. The Constitution III Strong framework with flexibility Congress, the President and the courts can add details to the basic framework. The Constitutional Convention also made provisions for changing the Constitution Remember the Bill of Rights

5. The Constitution IV The combination of strength and flexibility has created a �living document� Just like a plant, or animal. Keeps it�s basic nature, but can change with the times The �living� quality tells you why it has lasted so long, even though things have greatly changed.

6. The Preamble The Preamble states: �We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

7. The Constitution V The Preamble explains the reasons for the new government. �We the people..� did not come from the states, the existing government, or a ruler appointed by God. Power of the government came from ordinary Americans. A concept called �popular sovereignty�

8. The Constitution VI �form a more perfect Union..� A country that could take advantage of the strengths the states gained from working together �establish justice..� Ruled by laws, not by might �Insure domestic tranquility..� Means peace and order

9. Constitution VII �provide for the common defense..� National government would be responsible for protecting Americans from foreign invaders. �promote the general welfare..� Support an economy and society in which people could prosper.

10. Constitution VIII �secure the Blessings of Liberty to ourselves and our Posterity..� Wanted Americans to enjoy freedom then and in the future. At this time people did not want a strong central government. Delegates tried to create a balanced framework people could trust.

11. Legislative Branch Legislative branch has the power to make laws. The Constitution created a bicameral (two part) legislature called Congress Bicameral comes from Latin words meaning two rooms. House of Representatives representing the people Senate representing the states

12. Legislative Branch II Members of the Senate serve six year terms Members of the House serve two year terms. Framers wanted the House to be responsive to the wishes of the people and the Senate to be separated more from the people. House is based on population Done by a census every ten years Each state gets two Senators.

13. The Legislative Branch III Senate is the upper house Must be at least 30 years old. And a citizen for 9 years. House of Representatives is the lower house and you must be 25 to be elected and a citizen for 7 years. House membership was set at 435. Reapportionment Act of 1929

14. Legislative Branch IV State legislatures originally chose the state�s senators. Now the people vote for them Seventeenth Amendment (1913): Establishes direct election of senators. Congress makes laws. Any member may make a law. Called a bill.

15. Legislative Branch V Only members of the House can propose new taxes. If a majority of one house approves a bill it is sent to the other. If a majority of the other approves the bill it goes to the President for approval If he approves it, the bill becomes law.

16. Legislative Branch VI President can veto the bill. Congress can override the veto, but it takes a two thirds majority of both house to do that. Only congress can decide how to spend money raised through taxes. Raise an army and a navy. Declare war. Pay government debts. Grant citizenship

17. Legislative Branch VII �ELASTIC CLAUSE� Congress may make all laws which shall be necessary and proper to carry out its other powers. Over the years the elastic clause has been stretched to allow congress to do many things that were not listed amongst it�s powers in the Constitution.

18. The Executive Branch I Article II deals with the Executive Branch Designed to execute the laws approved by the legislative branch. Delegates at the Constitutional convention did not want the people to elect the President. They set-up a group of �electors� Electoral College Under the 22nd Amendment the president can only be re-elected once.

19. Executive Branch II Each state has the same numbers in the Electoral College as it has in the house and the senate.

20. Executive Branch III To win the Presidency, a candidate needs a majority of the �electoral vote� Many Presidents have been elected without winning by popular vote. In the elections of 1824, 1876, 1888, and 2000, the candidate who received a plurality of the popular vote did not become president.

21. Executive Branch IV President serves a four year term. After Franklin Delano Roosevelt served three terms the twenty-second (1951) amendment made it so a President could only be re-elected once. A new President makes a solemn promise called the �oath of office� To �defend the Constitution.�

22. Executive Branch V (Article II, Section 1): I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. Designed to reinforce the importance of the Constitution as the basic law of the land.

23. Executive Branch VI President must be at least 35 years old To be President you must be a natural-born citizen. President is the Commander in Chief of the armed forces. With the consent of the Senate; makes treaties, or formal agreements with other countries.

24. Executive Branch VII Nominates ambassadors ( official representatives to other countries.) Nominates Supreme Court judges. Grant pardons of people convicted of violating Federal laws.

25. Executive Branch VIII Framers of the Constitution knew the Executive Branch would need departments to carry out its duties. http://en.wikipedia.org/wiki/United_States_Federal_Executive_Departments Congress has the power to remove a President from office

26. Executive Branch IX House has the power to impeach the President. Impeach means to formally accuse the President of crimes specified in the Constitution. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

27. Executive Branch X House votes to impeach Senate puts the President on trial Senators serve as jurors. If found guilty the President is removed from office.

28. Judicial Branch I Protecting the Constitution is one of the principal responsibilities. Constitution established the Supreme Court Allowed Congress the power to create lower courts to meet the nation�s needs. Federal Courts resolve disputes that involve national laws, the federal government, or the states.

29. Judicial Branch II Congress has authorized two main sets of lower courts. District courts hear the cases first. Are set-up by dividing the United States into large geographical areas.

30. Judicial Branch III Citizens can appeal the District Court decisions to the Court of Appeals Appellate court only considers whether the original trial was fair and legal. An Appellate Court decision can be appealed to the Supreme Court. Supreme Courts decision is final

31. Judicial Branch IV Congress set the number of judges on the Supreme Court at. Nine. All federal judges serve for life. Supreme Court only reviews the case if the judges think that the lower court decision conflicts with the constitution, or federal law.

32. Judicial Branch V �Judicial Review� Deciding whether laws and actions by the legislative, or executive branch conflict with the Constitution. Judicial review gives the Supreme Court great power in its role of protecting the �supreme Law of the Land.�

33. Checks and Balances I Framers were concerned Strong national government/personal freedoms Each branch of government could limit each other System called checks and balances �Checks� allows one branch to �block� the other

34. Checks and Balances II President can check Congress�s power by veto. Congress can over-ride the President�s veto. The Supreme Court can rule a federal law, treaty, or an executive action, �unconstitutional� Each branch has a role Supreme Court gets to rule on the Constitutionality of a law The President chooses the judges.

35. Constitutional Changes I Times change, and the framers knew that. Provide a stable frame and allow future generations to change things. �Amendments� 2/3 vote of congress Or a national convention called by congress at the request of 2/3 of the legislatures of the states. Congress, or the states can start the amendment process

36. Constitutional Changes II Amendment must be approved by the state legislatures in � of the states Once approved it becomes part of the land.

37. Constitutional Changes III Over the years 10,000 amendments have been proposed. 27 have been approved. The first ten are called the �Bill of Rights� Important ones: Thirteenth Amendment (1865): Abolishes slavery

38. Constitutional Changes IV Fourteenth Amendment (1868): Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and rights to due process and the equal protection of the law; repeals the Three-fifths compromise Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting.

39. Constitutional Changes V Seventeenth Amendment (1913): Establishes direct election of senators. Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's sex as a qualification for voting. Twenty-second Amendment (1951): Limits president to two terms.

40. Constitutional Changes VI Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. Twenty-sixth Amendment (1971): Prohibits the federal government and the states from forbidding any citizen of age 18 or greater to vote simply because of their age

41. The Nation and the States I Framers wanted a strong National Government However, wanted the States to have a say �Shared Powers� Some powers only for the National government Making war and treaties Printing money Commerce with a foreign country � interstate commerce� U.S. is a trade zone

42. Nation and States II Good things about a common market New England makes good cloth, but can�t grow cotton South grows cotton, but can�t make cloth This helps both groups. Large businesses can cross state lines. Railroads National economy

43. Nation and States III States rule with: Schools, marriage, local governments, owning property and most crimes However, the Constitution does say that each state has do deal with each other fairly. �Full faith and credit� A divorce in one state is good in another. Help each other in tracking down a criminal No discrimination from one state to another

44. Nation and States IV Shared powers. Taxes Build roads And borrow money

45. Nation and State V Every thing must agree with the Constitution State law, National law State office holder and National office holder must agree to uphold the Constitution Everyone 18 years and older has the right to participate Your vote counts, you have to participate