The Constitution

1. The Constitution

2. The Constitution • One of the first written constitutions in modern history • Signed September 17, 1787 • Took effect June 21, 1788 (after New Hampshire ratified it, 9th state) • This document has endured almost 220 years!

3. The Constitution • The beginning is called the… • Preamble • We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure 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.

4. The Constitution • 7 articles • Broken into sections • Sections broken into clauses

5. Article I • Sets up the Legislative Branch • Composed of the Senate and the House of Representatives • Section 2 sets up the House of Representatives

6. Article I • Terms of office – 2 years • Total number of members – 435 • Qualifications: • 25 years old • US citizen for 7 years • Inhabitant of the district you represent

7. Article I • Leader of the H of R is called the speaker, chosen by the majority party • The House has sole power of impeachment • Which means bringing charges against an official • Total number of Representatives from NC - 13

8. Your Representatives • Representative Melvin L. Watt, Democrat • http://nationalatlas.gov/printable/congress.html#nc • http://www.visi.com/juan/congress/cgi-bin/newmemberbio.cgi?lang=&member=NC12&site=ctc&address=&city=winston%20salem&state=NC&zipcode=&plusfour=

9. Your Representatives • Representative Virginia Foxx, Republican • http://nationalatlas.gov/printable/congress.html#nc • http://www.foxx.house.gov/index.cfm?sectionid=80&parentID=79&sectionTypeID=7&sectiontree=79,80&photoNum=3

10. WASHINGTON - FEBRUARY 13: Rep. Virginia Foxx (R- NC) shows pictures of Major League Baseball player Roger Clemens during a House Oversight and Government Reform Committee hearing February 13, 2008 in Washington, DC. The committee is hearing testimony on use of steroids and performance enhancing drugs in Major League Baseball. • http://sports.yahoo.com/mlb/photo?slug=fa0f3a81ed2f3a23d4f11673b5e8bf91-getty-78877224mw034_baseball_star&prov=getty

11. Article I • Section 3 sets up the Senate • 2 per state, total in Senate – 100 • Term of Office – 6 years • Percentage up for re-election every 2 years – 33% • Qualifications: • 30 years old • U.S. citizen for 9 years • Inhabitant of state you represent

12. NC Senators • Richard Burr, Republican • Kay Hagan, Democrat • http://www.visi.com/juan/congress/cgi-bin/newmemberbio.cgi?lang=&member=NCJR&site=ctc&address=&city=winston%20salem&state=NC&zipcode=&plusfour= • http://www.visi.com/juan/congress/cgi-bin/newmemberbio.cgi?lang=&member=NCSR&site=ctc&address=&city=winston%20salem&state=NC&zipcode=&plusfour=

13. The U.S. Senate • The Vice-President serves as President of the Senate and can only vote when there is a tie • The President Pro Tempore serves as the President of the Senate when the President is absent • The Senate acts as the jury during impeachment trials. • The Chief Justice acts as the judge (when the President of the U.S. is tried).

14. Congress • Congress must meet at least once every year. • Regular sessions begin on the First Monday in December. • The official record of the meetings of Congress is called the Congressional Record (Journal).

15. Congress • A member of Congress can hold no other office while serving as either a Senator or a Representative. • All tax laws or revenue bills must originate in the House of Representatives • All other bills can originate in either House of Congress

16. The 12 powers granted to Congress(also called “expressed” or “enumerated” powers) • Collect taxes • Borrow money • Regulate commerce with foreign nations • Coin money • Establish post offices and post roads • Constitute tribunals (set up courts)

17. The 12 powers granted to Congress • Declare war • Raise and support armies • Provide and maintain a navy • Make rules for the Government and regulate land and naval forces • Exercise exclusive legislation in all cases • Make all laws which are “necessary and proper” (aka the elastic clause)

18. Powers denied to Congress • Cannot take away writ of habeas corpus • (a law official must show cause for holding a prisoner) • No bill of attainder or ex post facto laws • Bill of attainder = punishing someone without a jury trial • Ex post facto law = a law that makes an act a crime after the act has been committed • No taxes on exports • No preferences given to the ports of one state over another • No person given a title of Nobility

19. Powers denied to the State Governments • Can’t conduct in foreign affairs • Includes making treaties and engaging in War, or maintaining an army or navy • Printing/coining money • Can’t tax imports or exports

20. Article II • Sets up the Executive Branch • Executive Power is vested in the President • His main job is to carry out laws passed by Congress • Elected to 4 year terms, can serve a total of 2 terms or a total of 10 years • Only other elected official mentioned is the Vice-President

21. Article II • Who elects the President and Vice-President? • Electoral College • Each state is given a number of electors equal to the number of Senators and Representatives to which the state has in Congress

22. Article II • The date of Presidential Elections: • Popular Vote = Nov. 4 • First Tue after first Mon in November • Electoral Vote = Dec. 15 • First Mon after second Wed in December

23. Article II • The President is the Commander in Chief of the Military • All treaties must have approval of 2/3rds of the Senate • Executive Order = command issued by a president

24. Article II • Reasons a president of vice-president can be removed from office… • Treason • Bribery • Other high crimes & misdemeanors

25. Article III • Outlines the Judicial Branch • Federal judges hold their office for life • The Supreme Court has “original jurisdiction” on these cases: • A – those affecting Ambassadors • B – those affecting Public Ministers & Consuls • C – those in which a state is involved • “Original jurisdiction” = the authority to be the first to hear a case

26. U.S.Supreme Court • http://images.encarta.msn.com/xrefmedia/sharemed/targets/images/pho/t629/T629083A.jpg • http://cache.eb.com/eb/image?id=96937&rendTypeId=4 • http://en.wikipedia.org/wiki/Image:Official_roberts_CJ.jpg

27. Article III • Treason = violating the allegiance of your country (i.e. aiding the enemy) • How many people must say a person is a traitor? • Two

28. Articles IV – VII • Ensures that each state gives citizens of other states the same rights • Privileges = rights and liberties • Extradition = surrender of an alleged fugitive by one state to another • How do new states enter the US? • Consent of Congress • When can federal government send troops into the states? • To protect against invasion or domestic violence

29. Articles IV – VII • Article V outlines the Amendment Process • There are 2 methods of proposing and ratifying amendments • 1 – A 2/3rds majority vote is needed in Congress to propose an amendment, and at least 3/4ths (or 38 states) must accept it before it can become law. • 2 – 2/3rds of the state legislatures can call a convention for proposing amendments, and at least 3/4th (or 38 states) must accept it before it can become law

30. Articles IV – VII • The “supremacy clause” recognized the Constitution and federal laws as supreme when in conflict with those of the states • The constitution would go into effect when approved by 9 of the 13 states

31. Additional Information about The Constitution

32. Constitutional Concepts • What are the five fundamental freedoms found in the Constitution? • Popular sovereignty • Separation of powers • Checks & balances • Rule of law • Federalism

33. Constitutional Concepts • What is popular sovereignty? • The power to rule lies with the people • Main Idea: • Governments should draw their powers from the consent of the governed • Expressed most strongly through: • elections

34. Constitutional Concepts • Rule of Law: • The laws apply to everyone, including the government • How the power of both state and federal government is limited: • The Constitution specifies what they may or may not do.

35. Separation of Powers • The power to govern is split between all three branches of government • Why the powers of government are separated? • To protect against abuse of power and possibility of one person or group gaining too much power

36. Checks and Balances • A system for the branches of government to keep one branch from becoming too powerful

37. Checks and Balances • What are the checks and balances each branch has on the others? • Congress over President (Leg. Over Exec.) • Can impeach • Override veto (2/3rds majority) • Reject Presidential appointments (Supreme Court) • Refuse to approve treaties

38. Checks and Balances • Congress over the Courts (Leg. Over Jud.) • Can impeach judges • Reject the appointments of judges

39. Checks and Balances • President over Congress (Exec. Over Leg.) • Can veto legislation • President over the Courts (Exec. Over Jud.) • Can appoint judges

40. Checks and Balances • Courts over Congress & the President (Judicial over Leg. and Exec.) • Can declare acts of Congress and the President unconstitutional

41. Constitutional Concepts • What is federalism? • Form of government where power is divided between the federal government and the states

42. Important Constitutional Clauses • What is the supremacy clause? (Article VI) • When state and federal laws conflict, the Constitution is the highest law of the land • What is the “necessary and proper clause?” (Article I) • Congress can make all laws that are “necessary and proper” to carry out its duties

43. The Amendment Process • What are the two ways an amendment can be proposed? • A) 2/3rds vote by both Houses of Congress • B) 2/3rds request by a national convention called by a state legistlature

44. The Amendment Process • How does an Amendment pass? • 3/4ths of the states must pass it, either by… • State convention or the state legislature • Why was the amendment process made so difficult? • The amendment must have the overwhelming support of the people.

45. Constitutional Concepts • What are some customs that have developed that have changed the interpretation of the Constitution? • Political parties • Not mentioned in the Constitution • Organize government, conduct elections

46. Powers Granted and Denied by the Constitution

47. Expressed Powers • Powers that are actually listed in the Constitution and given to Congress • Implied Powers • Powers not listed in the Constitution, but given to Congress so they can carry out their duties • Elastic Clause • Necessary and Proper Clause

48. Reserved Powers • Powers that the Constitution sets aside (reserves) for the state governments • Concurrent Powers • Powers that are shared by both the Federal and State governments

49. Powers denied to the Fed. Gov. • Powers the Federal Government does not have • Article I, sec. 9 • Enumerated Powers • Powers that the Constitution gives the Federal Government

50. Examples of Expressed Powers • Declare war • Establish Post Offices • Create lower courts • Create/maintain an army/navy • Coin money • Regulate trade • Examples of Implied Powers • Taxes for welfare programs • Draft for the military • Air Force • Regulate airlines