And the answer is….

1. Before we begin, answer this question…How are the Constitution, your History textbook, Year of the Hangman, or even your AR book similar? (You can open and use your books for help)

2. And the answer is…. • A book: • Has an introduction, prologue or preface • Has chapters and sections • Has an index, post face, epilogue or appendix • The Constitution: • Has an introduction called the Preamble • Has chapters known as Articles • Has an index/appendix called Amendments

3. Constitution Outline

4. The Preamble It is the introduction/opening/beginningto the Constitution that explains why the Constitution was writtenand lists the purpose and goals to be achieved by the government. (It would be a good idea to learn this!)

5. Did you get all six? • To form a more perfect Union • Establish justice • Ensure domestic tranquility • Provide for the common defense • Promote the general welfare • Secure the blessings of liberty

6. There are seven (7) articles to the Constitution: • Article I – The Legislative Branch* • Article II – The Executive Branch* • Article III – The Judicial Branch* • Article IV – Relations Among the States • Article V – Amending the Constitution* • Article VI – General Provisions • Article VII – Ratification (*You might want to know these!)

7. Article I The Legislative Branch - the branch which makes the laws (legislates). Congress is bicameral, meaning that it has two (2) houses – the House of Representatives and the Senate.

8. The House of Representatives • The number of representatives per state is based on the population of that state. (This is known as Proportional Representation and is based on the Virginia Plan) • The total number of representatives in the House is 435. • How many representatives does California have? 53 (Your rep is Ed Royce (R)) • Representatives are elected for a two (2) year term by the people/voters within their district.

9. The House of Representatives • Salary of Representatives: $174,000 for rank-in-file members and $223,500 for the Speaker of the House. • Qualifications for the representatives: • A minimum of 25 years old • A US citizen of at least 7 years • Residing within the district they represent

10. The House of Representatives • What happens when a vacancy occurs in the House? The Governor of the state calls for a special election to replace the representative who no longer is serving. • The Governor may appoint someone, usually the spouse, to finish out the term rather than hold a special election. • Why would a representative no longer serve?

11. Special Powers of the House • The House can choose the Speaker of the House; the Speaker is chosen by the party in majority. (Today that is Rep. John Boehner (R-VA) – you might want to know that!) • The Speaker is to preside (be in charge of) over the House. He is to become President if the President and the Vice President dies or resigns. • Only the House can impeach an official. Impeach means to accuse/charge an official with misconduct.

12. The Senate • Each state has two (2) Senators chosen by the electorate of the state. (This is known as Equal Representation and is based on the New Jersey Plan - Barbara Boxer (D) and Diane Feinstien (D) are your current Representatives and probably something you should know!) • Term of a Senator is six (6) years • Salary of Senators: $174,000

13. The Senate • Qualifications • A minimum of 30 years old • A US citizen for at least nine (9) years • Live in the state they represent • The Vice President of the United States is the President of the Senate; he only votes in cases of a tie. (Today the VP is Joseph Biden and he is the only person allowed to belong to two branches of the government. Why?) • When the VP is not available to carry out their duties, they fall to the President pro Tempore (Temporary President) to be in charge of the Senate. (Patrick Leahy (D-VT) is the current Pres pro Tem)

14. The Senate • Power in Impeachment Trials • If the House impeaches an official for a crime, the Senate conducts the trial. • It takes a 2/3rds vote of Senators to impeach the official from office. • When the President is tried for impeachment, the Chief Justice of the Supreme Court presides over the trial.

15. Let’s take a break for now for something different….but we will continue taking notes on the other branches of government :D

16. Article II • The ExecutiveBranch – the branch which executes the laws or enacts/enforces the laws passed by Congress. The Executive Branch is made up of the President and the Vice President (That’s Barack Obama and Joe Biden respectively), as well as the Cabinet and all those who work for the White House.

17. The Executive Branch • Getting Elected: • The Electoral College (made up of ordinary men and women) in reality elects the President, but today it is only a formality. Originally the Founding Fathers felt that the common people were poorly educated and poorly informed that it was a safety net incase they made a mistake and elected a disastrous leader. • Each state get the same number of presidential electors as it does members in Congress. (HoR+S=EC) • General elections for the people are held on the first Tuesday after the first Monday in November. • The Electoral College votes on the Monday after the second Wednesday in December. 271 votes are needed to win.

18. The Executive Branch • Requirements: • The President and Vice President serve a four (4) year term of office. • The salary of the President: $400,000 (Plus $50,000 non-taxable expense account – it’s good to be President!) Don’t forget about all the perks that go with the office! • The salary of the Vice President: $230,700 (Plus $10,000 non-taxable expense allowance. Even being number two is good!)

19. The Executive Branch • Qualifications • A minimum of 35 years old • A natural born citizen • Have been living in the US for the last 14 years • Vacancies (Presidential Succession) • If the President dies or is unable to serve the Vice President takes over. • If both the Vice President and the President are unable to serve, the Speaker of the House becomes the President. • If the previous three are unable to serve, it is up to the President Pro Tempore (Wow, this is really something you should know!)

20. The Executive Branch • The Oath of Office – The Chief Justice of the Supreme Court shall swear in both the President and the Vice President on Inaugural Day. • Who gets sworn in first? • “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.”

21. The Executive Branch • Powers of the President: • Appoints a Cabinet. The Cabinet is a group of advisors who help the President. There are fifteen (15) Cabinet members today and each is headed by a secretary. Ie. Secretary of Defense, except for the Justice Department which is headed by the Attorney General. • The President is the Commander-in-Chief of the Armed Forces. • The President can grant pardons and reprieves. (That’s like a get out of jail card)

22. The Executive Branch • Powers of the President continued: • The President has the power to make treaties with other nations with the approval of 2/3rds of the Senate. • The President can appoint, with Senate approval, ambassadors, foreign ministers (no not like church people) and Supreme Court justices. • The President can appoint officials to temporarily fill vacancies when the Senate if it is not in session.

23. The Executive Branch • Duties of the President • Deliver the State of the Union Address once a year, a speech that tells where the US is and where it is going. • Call a special session of Congress • Receive foreign ministers.

24. The Executive Branch • Impeachment – The President and Vice President can be impeached from office for treason, bribery, and high crimes & misdemeanors.

25. And now for something extra!

26. The worlds toughest job! • The Constitution briefly outlines the role of the Executive Branch. What we know of the office today is largely based on the actions of previous Presidents (those would be called precedents). • We know that the President puts in long hours, is on call 24/7, works weekends and has little time for family, hobbies and relaxation. • Jefferson called the Presidency “a splendid misery”.

27. The Seven Hats of the President • Chief of State – The President serves as the living symbol of the USA performing many ceremonial duties like greeting and entertaining foreign officials and dignitaries, attending festivities of historic or national importance, tossing out the first ball of the baseball season and presenting medals and other awards for national service and or historic deeds. He is expected to promote the traditions and accomplishments of his fellow Americans and set the example of good conduct and ethics.

28. The Seven Hats of the President • Chief Executive – The President is responsible for enforcing laws passed by the Congress and rulings handed down by the Supreme Court. He manages the government’s executive branch, appointing Cabinet members, Supreme Court justices and other Federal officials (with the approval of the Senate) as well as lower-level jobs and finally develops Federal policies.

29. The Seven Hats of the President • Chief Diplomat – The Constitution makes the President the nation’s chief diplomat by giving him the power to make treaties (with Senate approval) with other nations, decides foreign policy (a plan for how the US will act toward other nations), meets with foreign leaders, decides whether to recognize new foreign governments and proposes military or financial aid to other countries.

30. The Seven Hats of the President • Commander in Chief – The Constitution makes the President leader of the US armed forces. In times of emergency, he also can take command of the Coast Guard. Although a President cannot declare war, he can send US troops into action overseas. He is expected to keep the nation well-defended at all times.

31. The Seven Hats of the President • Legislative Leader – Even though the President cannot pass laws, he can have considerable influence over which laws are enacted and how they are put into effect. He may propose legislation to be considered by Congress. He may sign or veto bills from Congress and as leader, may appear before Congress to speak about matters of national importance, such as when he delivers the State of the Union address.

32. The Seven Hats of the President • Economic Chief – The President is expected to help keep the economy running smoothly. He plans the Federal budget, suggests how much to spend and proposes tax cuts or tax hikes (with the approval of Congress because after all they control the money!). He also develops policies to deal with such problems as unemployment, inflation and trade between the US and other countries.

33. The Seven Hats of the President • Party Chief – The President is the head of his political party. He plays a major role in deciding his party’s stand on important issues. He campaigns for party members running for office, appears at fund-raisers and other party functions.

34. Article III • The Judicial Branch – the branch that judgesthe laws. That means the Supreme Court judges whether or not a law contradicts the Constitution.

35. Article III • The Constitution explained neither the exact powers and prerogatives of the Supreme Court nor the organization of the Judicial Branch as a whole. Thus it was left to Congress and to the Justices of the Court through their precedents (decisions) to develop the Federal judiciary and a body of Federal law.

36. Article III • Judiciary Act of 1789 – the first bill introduced in the United States Senate. It divided the country into 13 judicial districts (sections), which were in turn organized into three circuits: the Eastern, Middle and Southern. • The Supreme Court, the country’s highest tribunal, was to sit in the Nation’s capital and was initially composed of a Chief Justice and five Associate Justices.

37. Article III • The Supreme Court first assembled on February 1, 1790 in the Merchants Exchange Building in New York City. Why? • The first Supreme Court Chief Justice was John Jay. • The first opinion was handed down in 1792.

38. Article III • Members of the Supreme Court are appointed by the President and approved by the Senate. • To ensure an independent judiciary and to protect the judges from partisan pressure (pressure from one party or another or from one Presidential administration or another) the Constitution provides that judges serve during “good behavior” which has generally meant life terms.

39. Article III • The number of Justices on the Supreme Court changed six times before settling at the present total of nine in 1869. • There have only been 17 Chief Justices and 100 Associate Justices • Can you name the current Court?

40. The Supreme Court • Antonin Scalia (Reagan ‘86) • Anthony Kennedy (Reagan ‘88) • Clarence Thomas (G. H. Bush ’91 ) • Ruth Bader Ginsburg (Clinton ‘93) • Stephen Breyer (Clinton ‘94) • John Roberts – Chief Justice (G.W. Bush ‘06) • Samuel Alito (G.W. Bush ) • Sonia Sotomayor (Obama ‘09) • Elena Kagan (Obama ‘10)

41. Article III • Did you know that approximately every 22 months a new Justice joins the court? • Washington has appointed the most with 10 Justices. • FDR can close and appointed 8. • Sandra Day O’Connor was the first female on the Court. • Thurgood Marshall was the first African American to be appointed to the high court.

42. Article III • “Equal Justice Under Law” – these words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court. The Court is the highest tribunal in the nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter (judge) of the law, the Court is charged with ensuring the American people the promise of equal justice under law , and there by also functions as guardian and interpreter of the Constitution.

43. Article III • The unique position of the Supreme Court stems, in large part, from the deep commitment of the American people to the Rule of Law and to constitutional government. The United States has demonstrated an unprecedented determination to preserve and protect its written Constitution, thereby providing the American “experiment in democracey” with the oldest written consitution still in force.

44. Article III • The Constitution is a carefully balanced document. It is designed to provide the a national government sufficiently strong and flexible to meet the needs of the Republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s right to freedom.

45. Article III • Judicial Review – The Supreme Courts authority to invalidate legislation or executive action which, in the Court’s considered judgment, conflict with the Constitution. • This power of Judicial Review has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a “living Constitution” whose broad provisions are continually applied to complicated new situations.

46. Article III • The Constitution limits the Court to dealing with “cases” and “controversies.” • John Jay, the first Chief Justice, clarified this restraint early in the Court’s history by declining to advise President Washington on the constitutional implication of a proposed foreign policy decision. • The Court does not give advisory opinions! • In other words, the Court can not answer a “what if question”; they can only rule on something that has happened.

47. Article III • When the Supreme Court rules on a constitutional issue that judgment is virtually final; its decision can be altered only by the rarely used procedure of the constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute (law), new legislative action can be taken.

48. Article III • Chief Justice John Marshall expressed the challenge which the Supreme Court faces in maintaining free government by noting “We must never forget that it is a constitution we are expounding…intended to endure for ages to come, and consequently, to be adapted tot the various crises of human affairs.

49. Article IV • Relations Among the States – Official acts of one state must be recognized as legal by all other states. That is, when a law is passed in Maine, it must be accepted here in California and every where else. • States must treat citizens of another state as fairly as they treat their own citizens. In other words, a resident of one state may not be discriminated against unreasonably by other states. • If a person is charged with a crime and escapes/flees to another state, they must be returned to the state in which the crime was committed to stand trial. Returning a fugitive is known as extradition. A governor can ruse to honor the request for extradition if it will result in an injustice to the fugitive.

50. Article IV • Only Congress can admit states to the Union. New states are admitted on the basis of equality with older states. No state may be formed out of bits and pieces of other states or territories without their consent. The general process is outlined by the Northwest Ordinance of 1787. • Congress has the power to control all property belonging to the Untied States. It can set up governments for territories, establish national parks and forests, authorize reclamation projects and exercise eminent domain (taking of private property for public use through condemnation).