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THE CONSTITUTION

THE CONSTITUTION. ARTICLE I: LEGISLATIVE BRANCH Empowered to make the laws ARTICLE II: EXECUTIVE BRANCH Empowered to enforce (carry out) laws ARTICLE III JUDICIAL BRANCH Empowered to interpret/explain the laws. Consists of 7 Articles :. ARTICLE IV Governs relations among the states

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THE CONSTITUTION

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  1. THE CONSTITUTION

  2. ARTICLE I: • LEGISLATIVE BRANCH • Empowered to make the laws • ARTICLE II: • EXECUTIVE BRANCH • Empowered to enforce (carry out) laws • ARTICLE III • JUDICIAL BRANCH • Empowered to interpret/explain the laws Consists of 7 Articles:

  3. ARTICLE IV • Governs relations among the states • ARTICLE V • Process for amending the Constitution • ARTICLE VI • SUPREMACY CLAUSE • ARTICLE VII • RATIFICATION required by only 9 of the 13 states • 27 AMENDMENTS

  4. ARTICLE I - LEGISLATIVE BRANCHCongress = House + Senate / 535 members • HOUSE OF REPRESENTATIVES: • 2 year terms • Must be 25 years old; citizen for 7 years • Speaker of the House is selected by the members of the House… so will always be what party? • Currently – John Boehner of OH • Membership based on population • Reapportioned every 10 yrs. after census • 435 members total ; FL – 27 members • Special Powers: • Revenue/tax laws may be introduced in House only • Only House can impeach (accuse) public officials

  5. SENATE • 6 year terms • Staggered - 1/3 of Senate up for reelection every 2 yrs • Keeps the Senate a more “continuous” body • Must be 30 years old; citizen for 9 years and in the state elected from • Leader of the Senate is known as the President of Senate • Vice President of U.S. serves as President of the Senate – currently Joe Biden • President Pro Tempore serves as P of the Senate in the VP’s absence –Patrick Leahy of VT • 2 Senators from each state – 100 total Florida’s U.S. Senators – Bill Nelson (D) and Marco Rubio (R) Which one just got reelected in 2012? • Special powers of Senate: • Power to ratify treaties & confirm P’s appointments • Senate holds the trials for all impeachments (Chief Justice serves as Judge and the Senate as “jury”)

  6. ART. II THE EXECUTIVE BRANCH Qualifications for P & VP: - 35 years old - natural born citizen - U.S. resident for 14 years Term of Office:4 years - now limited by the 22nd amendment to 2 terms (before this amendment, limited only by tradition) • Election: Tuesday after the first Monday in November….why? - Inauguration: January 20, per the 20th amendment

  7. POWERS OF THE PRESIDENT HEAD OF THE EXECUTIVE BRANCH Tradition provides that hemay ask advice of his Cabinet (includes heads of Executive Depts., etc.) COMMANDER INCHIEF head of the armed forces – may send out troops

  8. MAKE TREATIES with other countries must be approved by 2/3 of Senate GRANTS REPRIEVES & PARDONS Reprieves = delay of punishment Pardon = forgiveness MAKE APPOINTMENTS to cabinet, Supreme Court, etc. Must be approved by Senate POWER TO VETO LAWS PASSED BY CONGRESS (2/3 of Congress can override veto)

  9. Must give the annual State of the Union address to Congress & the American people • Must serve as Official Host of the U.S. -- receives ambassadors & other public foreign officials • Chief Executive -- responsible for making sure all federal laws are carried out (enforced) DUTIES OF THE PRESIDENT:

  10. PRESIDENTIAL SUCCESSION: If the President dies, resigns, is removed from office or is unable to carry out his duties, the order of succession is as follows: Vice President Speaker of the House President Pro Tempore Secretary of State……

  11. “Impeach” means to “accuse” • President, Vice-President, Judges, etc. may be impeached for treason, bribery and other high crimes and misdemeanors • Who are the only 2 Presidents to have been impeached? • Andrew Johnson & Bill Clinton • No U.S. President has been convicted of the impeachment charges & removed from office. • Chief Justice presides over impeachment trials. IMPEACHMENT

  12. Only court established is the Supreme Court Power given to Congress to establish remaining courts Judges serve for “good behavior” – they serve for life (unless they resign, retire, get removed from office) Qualifications: NONE Number has fluctuated, but there are currently nine justice positions ARTICLE IIIthe judicial branch

  13. The Roberts Court(The Court is referred to bythe name of the Chief Justice) Chief Justice John Roberts Justice Scalia Justice Kennedy Justice Thomas Justice Breyer Justice Ginsburg Justice Alito Justice Sotomayor Justice Kagan (newest)

  14. TREASON is the only crime defined by the Constitution • TREASON consists of making war against the U.S. or aiding the enemies of the U.S. • No person shall be convicted of treason unless: • two witnesses testify to some overt act of treason OR • there is a confession in open court. • Punishment for treason is death in times of war & up to lifetime imprisonment in time of peace. ARTICLE IIIsection 3

  15. “FULL FAITH & CREDIT” CLAUSE • provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states  • What about gay marriage? • PRIVILEGES & IMMUNITIES CLAUSE: • Prevents a state from treating citizens of other states in a discriminatory manner • Provides for “extradition” of criminals • Provided for the return of escaped slaves • Only Congress can admit new states to the Union ARTICLE IVRELATIONS AMONG STATES

  16. PROCESS OF AMENDMENT– ARTICLE V • FORMAL AMENDMENT – written changes to the document • 2 step process – proposal & ratification • PROPOSAL: • 2/3 of Congress • 2/3 of states request Congress to call National convention • RATIFICATION: • ¾ of state legislatures approve • ¾ of state special conventions approve (21st) • According to Art. V, what cannot be amended?

  17. INFORMAL AMENDMENT • INFORMAL AMENDMENT - Changes to the Constitution that do not lead to changes in the written document. • JUDICIAL INTERPRETATION – e.g., Marbury v. Madison and power of “judicial review” • CHANGING POLITICAL PRACTICE/CUSTOM – e.g., Political Parties, Cabinet • TECHNOLOGY – e.g., Atomic weapons increasing power of president

  18. Supreme law of the United States consists of THREE things: The Constitution All federal laws All federal treaties ARTICLE VISUPREMACY CLAUSE ARTICLE VIIRATIFICATION • 9 states required • Constitution signed 1787

  19. 27Total amendments • The first Ten are Bill of Rights • Freedom of speech, press, religion, assembly & petition • Right to bear arms • Prohibits quartering of troops in homes • Prohibits unreasonable search & seizure • Protects against self-incrimination and double jeopardy, power of eminent domain (with just compensation) • Right to a fair and speedy trial • Right to a jury in civil trials • Prohibits excessive bail and fines and cruel and unusual punishment • Reserves rights to the people • Reserves powers to the states • Amendments granting/increasing suffrage: • 15th – black males • 19th – women • 23rd – electoral votes to Washington, D.C. • 26th – lowered voting age from 21 to 18 • Presidential Amendments: 20 (inauguration) and 22 (two terms) AMENDMENTS

  20. AMENDMENTS • Only amendment ever repealed was the 18th Amendment prohibiting the manufacture, sale and distribution of alcohol. The 21st amendment repealed the 18th. • CIVIL WAR AMENDMENTS: • 13 – Abolished slavery • 14- Provided citizenship to former slaves • 15 – Gave black men the right to vote • Which amendment took the longest to pass?

  21. Add power to national government: • 16 (tax) & 18 (prohibition) • Deny power to the national government: • 3, 4, 5, 8, 10, 11, 21 • Limit the power of state governments • 13, 14 • Reduce the power of the electorate • 22 (2 terms in office for the P) • Make changes in the machinery of government • 12 (electoral college), 20 (inauguration date), 25 (presidential disability) • Protect the rights of individuals • 1, 2, 6, 7 and 9

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