The Constitution

1. The Constitution

2. A More Perfect Union • What does it mean that the Constitution is a “living document?” • It keeps its basic nature, but… • …changes with the times.

3. The Preamble • Explains the reason for the new government. • “We the People”: • Popular Sovereignty: the idea that the authority of government comes from the people.

4. The Preamble • “Form a more perfect Union.”: • “Establish Justice”: • “insure domestic Tranquility”: • “provide for the common defense”:

5. The Preamble • “promote the general Welfare”: • “secure the Blessings of Liberty to ourselves and our Posterity”:

6. The Legislative Branch MAKES Laws • The Constitution creates a bicameral national legislature, called Congress. • The two houses of Congress are the House of Representatives and the Senate. • Congress is designed to balance the rights of large and small states.

7. House of Representatives • Members of the House of Representatives serve two-year terms. • Representation in the House is based on population. States with more people have more House representatives. • House members must be 25 years old, and have been a citizen of the United States for 7 years. • Can propose tax laws. • Can impeach the president. • The Constitution calls for a census every ten years. • 435 members

9. Senate • Members of the Senate serve six-year terms. • Each state has 2 senators. • The Senate is the “upper house” of Congress. • Members must be 30 years old and been a citizen of the United States for 9 years. • Can approve presidential appointments. • Ratifies treaties with foreign governments. • Can try the president after impeachment. • 100 members

10. Both houses of Congress • Can propose laws. • Can declare war. • Can override the president’s veto with a 2/3 vote. • Can propose amendments to the Constitution with a 2/3 vote.

12. How Congress Passes Laws • Any member of the House or Senate can submit a proposal for a new law, called a bill. • Only the House of Representatives can propose new taxes. • If both houses approve the bill, it goes to the president. The bill become a law if the president signs it. • The president can veto any proposed law. • Congress can override the president’s veto with a two-thirds majority in BOTH houses.

13. The Executive Branch CARRIES Out the Laws • Executive Branch: the part of government that “executes” or carries out the laws. • To win the presidency, a candidate needs a majority of the electoral vote. • The president serves a four-year term. Under the 22nd Amendment, a president may be reelected only once. • Must be 35 years old and a natural-born American citizen.

14. Executive Branch Secretary of State Secretary of Treasury Vice President

15. Powers of the President • Power to approve or veto laws. • Makes treaties with foreign governments. • Nominates judges to the Supreme Court. • Appoints cabinet members. • Commander-in-chief of U.S. military forces. • Recommends ambassadors.

16. Removing the President • The House of Representatives can vote to impeach the president. • Impeach: to formally accuse an official of a crime related to official duties. • The Senate puts the president of trial, with the senators serving as the jury. • The president is removed if the Senate finds him guilty.

18. The Judicial Branch INTERPRETS the Law • Judicial Branch: the part of the government, consisting of the Supreme Court and lower federal courts, that interprets the laws. • Protect the Constitution • The Constitution establishes the Supreme Court and gives Congress the power to create “inferior” (lower) courts. • Federal courts have the power to resolve disputes that involve national laws, the federal government, or the states. • Chief Justice presides over impeachment trial of the President.

19. The Federal Court System • Congress has authorized two main sets of inferior federal courts: district courts and appellate courts. • Most cases involving federal laws are first heard in district court. • Citizens can appeal decisions given in district court. • An appellate court only considers whether the original trial was fair and legal. • Decisions made by appellate courts can be appealed to the Supreme Court.

20. Power of the Supreme Court • Congress has set the size of the Supreme Court to nine members, or justices. • Justices serve for life. • Disputes ONLY go directly to the Supreme Court if it involves a state or an ambassador from another country. • The Supreme Court only reviews a case if the justices think that the decision made by a lower court might conflict with the Constitution or a federal law. • Judicial Review: power to decide whether laws and actions by the legislative and executive branches conflict with the Constitution.

22. Checks and Balances Between the Branches • Checks and balances: the system that allows each branch of government to limit the powers of the other branches. • “Checks” allow one branch to block the actions of another branch. • “Balances” allow each branch of the government to have some role in the actions and power of the other branches.

24. The Amendment Process Changes the Constitution • “The Constitution belongs to the living and not to the dead.” –Thomas Jefferson • Article V of the Constitution describes how to amend the Constitution. • Amendment: a change to the Constitution • Proposing an amendment requires a vote of 2/3 of BOTH houses of Congress, or a national convention called by Congress at the request of 2/3 of the legislatures or all the states. • Before an amendment can become part of the Constitution, it MUST be approved by the legislatures in ¾ of the states.

25. Amendment Process “Amendment”- a change to the Constitution Proposing an amendment requires: 2/3 vote of each house of Congress National Convention called by Congress at request of 2/3 of State Legislatures. Ratification of Amendment: Ratified by ¾ of state legislatures Ratified by ¾ of the state conventions. 4 ways to propose and ratify a constitutional amendment!

26. Amendments So Far • People have suggested more than 10,000 amendments… • …only 27 have been approved. • The first ten amendments are called the Bill of Rights. • The other 17 amendments were added individually.

27. The Federal System Connects the Nation and the States • The framers of the Constitution wanted a strong national government… • …but they also wanted the states to keep significant power. • They accomplished both by creating a federal system of government in which power is shared between the national and state governments.

28. Powers Belonging to the National Government • Declaring war • Making treaties • Print and coin money • Regulates interstate commerce. • Interstate Commerce: trade and other business dealing that cross state lines.

29. Powers Belonging to the States • The Constitution does note spell out specific powers of the states. • States retain any power that are not given to the national government in the Constitution. • Schools, marriage, establishing local governments, owning property, licensing doctors and lawyers, and most crimes. • Article IV says that each state must give “full Faith and Credit” to the laws and court decisions of other states. • Criminals cannot escape justice by fleeing to another state. • States cannot discriminate unreasonably against a citizen of another state.

30. Shared Powers • Raising taxes • Building roads • Borrowing money • Federalism: the constitutional system that shares power between the national and state governments.

31. The Law of the Land • Article VI states that the Constitution and the laws flowing from it are the “supreme Law of the Land.” • This means that a state’s constitution, laws, and judicial decisions must agree with the Constitution. • Everyone who holds a state or federal office must promise to support the Constitution.