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Hysteria Clip Government Articles of Confederation – Laws holding colonies together prior to the Constitution.
George Washington – Chairman of Constitutional Convention
James Madison – Father of Constitution
Federalist papers – Hamilton, Jay, Madison wrote them to get the people to support the Constitution.
Ind. Hall, Philadelphia - 55 delegates at Constitutional Convention –
Preamble – Ben Franklin (Beginning) What government is suppose to do.
7 Articles – Organizes Government (Leg - Makes laws, Ex – Enforces laws, Jud – explains laws, other organizes)
Amendments - Constitution can grow with the country.
27 Amendments – 1st 10 Bill of Rights others
Down Sides – Civil War, Lots of Laws/ Upsides – Rights, Freedoms, Representative Democracy
Quote – Ben Franklin – Those who would trade
security for liberty deserve neither (beware
allowing to much power to government)
•Establish Justice
•Insure domestic Tranquility
•Provide for common defense
•Promote general welfare
Secure blessings of liberty
Ordain and establish constitution
SH Clip – What would you want your govnt to do?
What your Government
is Suppose to Do
Constitution Pop 1
1-3. What are the 3 parts to the Constitution
currently. Be specific?
4. Prior to the Constitution, this document held the
colonies together?
5. These people wanted the Constitution, and a
strong Central Government?
6-10. According to the preamble in the US
Constitution, what 5 things is the Government
suppose to be doing?
Constitution pop 1-2 1. Who was the Chairman at the Constitutional
Convention?
2. Who did most of the writing on the Preamble in the
Constitution?
3. Who is considered the Father of the Constitution?
4. How many Amendments are there currently in the
Constitution?
5. The first 10 Amendments are often referred to as the?
6. How many Articles are there in the Constitution?
7. What do the Articles do for the Government?
8-10. What are the three branches of Government?
Articles of the
Constitution
• Sec.1
– All powers in the legislative are granted to Senate and House
Sec.2
House of Representatives,
chosen every 2 yrs.
No person who is not
25yrs
7yrs a US citizen
An inhabitant of that state.
Article I: Legislative
Number of Reps shall not exceed
1 for every 30 thousand. Each
state shall have at least one – 10
yr Census – 1929 limited to 435
–House of Reps. Choose
speaker and other officers.
They shall have sole power
of impeachment.
Sec.3
The Senate
2 from each state (100)
Each has one vote
6yr. Terms - every 2
yrs 1/3rd are up.
VP = President of the
Senate
– To be a senator
• 30yrs. or older
• 9yrs. citizen
• Inhabitant of the
state he represents.
– Have sole power to try
impeachments (when the
president is tried, the Chief
Justice shall preside) Needs
2/3 vote of the present
members for impeachment.
– Each House must keep a
journal and publish them
from time to time. Sec.4 Congress must assemble at
least once a year. (1st Monday in December)
Sec.5 Each House may determine the
rules of it’s proceedings, punish
its members for disorderly
behavior, and with the agreement
of 2/3, expel a member.
• Sec.6
– Senate and Rep. shall
receive compensation
for services, to be set
by the law, and paid
out by the Treasury of
the US. May not hold
any other government
office during there time
in the House or Senate.
Bill Steps
• 1. Idea
• 2. Write Local Congressman
they write up
• 3. Committee
• 4. House Majority Vote
• 5. Senate Majority Vote
• 6. President Signs
• 7. If Vetoed back to
Congress needs 2/3rds vote
• Sec.7
– Every bill has to pass
the House of Rep. and
Senate before it can
become a law. It then
goes to the President
and if he doesn’t
approve it, then it
needs to get passed by
2/3 vote from
Congress.
– (Watch School House
Rock Clip)
Constitution pop 2-3 1. Congress is made up of 2 houses. What are they?
2-6. Fill in the Blanks?
1. ______ (2)
• 2. Write Local Congressman they write up
• 3. __________
• 4. _______ Majority Vote
• 5. _______ Majority Vote
• 6. President Signs
• 7. If _______ (6) back to Congress needs 2/3rds vote
7. The 1st Article in the Constitution deals with this branch of government?
8. How many members are in the House of Representatives?
9. How many members are in the Senate?
10. How many times per year must congress assemble?
– Also if president sees a bill and doesn’t sign it within ten days it becomes law. Unless it is in the last 10 days of the legislative term then it shall be a pocket veto.
– Establish a post office and
postal roads.
Sec.8 – Powers of Congress
* Congress shall have power
to lay and collect taxes,
duties, impose and exercise,
to pay the debts and provide
for the common defense and
general welfare of the US.
* Also to borrow money
on the credit of the US, to
regulate commerce with
foreign nations and among
several states with the
Indian Tribes.
To coin money, regulate value
thereof, fix standards or weights
and measures.
Provide punishment to
counterfeiters.
– Declare War
– Raise and support
armies
– No appropriation of
money can be used
longer than two years.
• Sec.9
– The Writ of Habeas Corpus
(allows Prisoner to challenge
imprisonment) shall not be
suspended, unless when in
cases of rebellion or invasion.
– No bill of attainder or ex post
facto law shall be passed.
– No title of nobility shall be
granted by the United States.
• Sec.10
– No state shall enter into
any treaty, alliance, or
confederation, coin money,
pass bills of attainder, ex
post facto laws, or laws
imposing the obligation of
contracts, or grant any title
of nobility.
– No state, without consent
of congress, can lay any
duty of tonnage, keep
troops, or ships of war in
times of peace, enter into
any agreement or compact
with another state, or
foreign power, or engage
in war unless actually
invaded, or in such
imminent danger as will
not admit delay.
Articles of the Constitution • Article II: President and
Executive Branch
• Sec.1
– President can hold his term with V.P. for a 4yr. period.
-Electoral College Each state shall appoint a number of
electors. That is equal to the whole number
of Senators and Reps. To which the state
may be entitled in Congress. No persons
holding an office of senator or
representative shall be appointed as an
elector.
.
– To be president
• Natural born US citizen
• 35yrs or older
• Resident of the US for
14yrs.
In case of death,
resignation, or inability
to discharge the powers
and duties of the said
office, the same shall
devolve on the VP.
– The president shall • Receive for his services a
compensation. Which shall neither be increased nor diminished during the period for which he shall have been elected. And shall not receive within that period any other amount for the US. or any of them.
• Sec.2 – The president shall
• Be the commander in Chief.
• May require the opinion in writing of the principle offices in each of the Executive Dept.
• Power to Grant reprieves and pardons for offenses against the US, except in the case of impeachment.
• Have power, by and with the advice and consent of the Senate, to make treaties, provided 2/3 of the senators present concur. He shall nominate, with the advice and consent of the senate, shall appoint an Ambassadors. Other minister, counsels, judges of the Supreme Court, and all other offices of the US.
• Sec.3
– He shall:
• Have a State of the Union
address to Congress and
ask them to consider stuff.
• On extraordinary
occasions, convene both
houses, or either of them.
In case of disagreement
between them. And stay so
until he sees proper.
• Makes sure that laws are to
be faithfully executed.
• Sec.4
– He shall be removed from
office for:
• Treason
• Bribery
• Other high crimes and
misdemeanors
Constitution pop 3-4 1. What does Article 2 of the US Constitution deal with?
2. Who or What elects the President?
3-4. What are 2 powers of the President?
5-7. In order to be president what three things do you
need?
8. If the president dies or resigns who takes over for
him?
9. The Executive Dept. of the President = ?
10. One of the 3 things you could remove the President
from office for according to the constitution?
Articles of the
Constitution • Article 3: Judicial
Branch
– The Supreme Court and
Federal Courts
• Sec.1
– 1 Supreme Court,
and other inferior
courts as Congress
may from time to
time ordain.
– They shall receive
money for services
not to diminish
during their time.
• Sec.2
– Judicial powers shall extend
to all cases in law and
equity, arising under the
Constitution. Laws of the US
and treaties made, which
shall be made under their
authority.
– In all cases affecting ambassadors, other public ministers, and counsels, and those in which a state shall be a party. The Supreme Court shall have original Jurisdiction.
– Trial of all crimes except in cases of impeachment shall be by jury and shall be held in the state of the crime.
9
• Sec.3
– Treason against the US shall
consist only in levying war
against them or in adhering to
their enemies. Such as, giving
them aid or comfort. No person
shall be convicted of treason,
unless in the testimony of 2
witnesses to the same overt act,
or a confession in open court.
1. Veto
2. 2/3rd Vote
3. Unconstitutional
4. Appoint Justices
Some Basic
Checks and
Balances – 3
Branches
Drawing 101
Articles of the Constitution • Article 4:
– The States and the
Federal Government.
• Sec.1
– Each state gets to see
what the other states
are doing.
• Sec.2
– Citizens of each state
are entitled to all
privileges and
immunities of citizens
of several states.
– Any person charged in
any state with treason,
felony, or any other
crime, if he flees from
that state and is found
in another state, shall
on demand of the
executive authority of
that state from which
he fled, be delivered
up.
• Sec.3
– New states may be admitted by
Congress into this union. But no state
may form within itself another state.
Nor may one state join with another
without the consent of the legislatures
of the states as well as Congress.
• Sec.4
– A Republican form of government
shall be guaranteed by the US to
every state in the union, as well as
protection against invasion and
against domestic violence.
Madwaukia
Illsconsina
Articles of the Constitution • Article 5:
– Amending the
Constitution
– When 2/3 of both the House and Senate if deemed necessary, they shall propose Amendments to this Constitution. Or on the application of the legislature of 2/3 of the several states, they shall call a convention for proposing amendments.
– When ratified by the
legislature of 3/4 of the
states, or by conventions in
3/4 amendments may be
made provided, if no law is
already made against it.
Constitution pop 3-4-5 1. How many members serve on the US Supreme Court?
2. How long do members of the US Supreme Court serve?
3. What is the title of the person who leads the Supreme Court?
4. In all cases affecting ambassadors, other public ministers, and
counsels, and those in which a state shall be a party the Supreme
Court has this?
5. How many Federal Supreme Courts does the US have?
6. One check that the President has on Congress?
7. One check that Congress has on the President?
8. In the US, you are considered innocent until proven this?
9. The Law of the US = ?
10. The check that the Supreme Court has on the other branches is?
Sunnyland: Creating Constitution – top 5 imp side notes
Creating a Constitution top 5 • Demigods – Washington, Franklin, Adams, Madison – didn’t trust
anyone who wanted the power of a king. – Franklin thought Constitution should last 10 years. – ordinary educated guys writing this
• 1776 not going to obey the king anymore – Colonists revolting against total power
• Articles of Confederation – League of Friendship worked well with states rights – things fell apart quickly because of No Taxation, each state individual – Shay’s rebellion = breakdown of law and order – Washington willing to help form a government.
• Philadelphia convention 55 men– Madison has clear plan, not very noticed, GW must have him (Trusted Celebrity – becomes Chairman), Not suppose to be a new Constitution – 3rd day of convention they overthrew the Government – vow of secrecy, Central Government with 3 branches, Constitution written to make it difficult to make laws – YES – because powerful governments are dangerous.
• Compromises = Proportional representation vs Great Compromise (Bi-Cameral Leg), 3/5ths – Did not believe in true Democracy – stake in society = Property – need to have something to lose. Amendments – come later – Bill of Rights 2 years later
Articles of the Constitution • Article 6: General
Provisions – All debts entered into before
the adoption of this constitution shall be valid against the US under the const, as under the confederation.
– This constitution, under the authority of the US, shall be the supreme law of the land. The judges in every state shall be bound thereby, anything in the const. or laws of any state to the contrary not with standing.
– Federal Law trumps State Law.
– All US officials shall be
bound by oath or
affirmation to support
this Constitution. But
no religious test shall
ever be required as a
qualification to any
office or public trust
under the US. • Article 7: Ratification of the
US Constitution
• Nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.
Sunnyland: Creating Constitution – top 5 imp side notes
Amendments to the constitution • The first ten amendments are known as the
Bill of Rights.
– Specifically to protect citizens against
excessive power of the Federal Government.
• Established in
1791.
• Congress shall
make no laws
respectively on:
– Establishing Religion, or prohibiting the
free exercise thereof
– Abridging the Freedom of Speech, or of
the Press
– Or the right of people to peaceably
assemble
– And to petition the government for a
redness or grievances.
–
• Amendment 2:
Established in 1791.
• A well regulated
militia, being
necessary to the
security of a free state.
• The right of the people
to keep and bear arms,
shall not be infringed.
• Amendment 3:
Established in 1791.
• No soldier shall, in
time of peace, be
quartered in any house,
w/out consent of the
owner, nor in times of
war but in a manner to
be prescribed by law.
• Established in 1791.
• The right of people to
be secure in their
persons, houses,
papers, and effects
against unreasonable
searches and seizures
(Arrest of a person),
shall not be violated.
• No warrants shall be
issued, but upon
probable cause,
supported by oath or
affirmation and
particularly describing
the place to be
searched, and the
persons to be seized.
Raupp Notes On 4
• Tennessee VS Garner (1985) – Limits on search and seizure. - Burglary (Fleeing Felon Rule – PC – shot the guy, supreme court can’t shoot someone fleeing – Grant Vs Conner unless the person poses a higher threat to Public Safety (greater danger theory) – Deadly Force – intentional use of a weapon.
• Badger Stop – by the way is it ok if I search your vehicle after the end of the traffic stop (new thing).
• Terry Vs Ohio – 2 black males IGA grocery store based on reasonable suspicion an officer stopped them (realizing that 2 guys were casing the joint) and can pat someone down.
• HR215 Bill Law Enforcement does not need to stop pursuit and may carry fire arm anywhere in 50 states.
0 100% 25
Reasonable Suspicion
40
Probable Cause
98
Conviction
Raupp Notes On 4 • Taser – after you tell someone you are under arrest any other resistance can =
taser
• Privilege – ability of an officer to use deadly force in self defense
• Driving with Due Regard – Red Lights – may Park illegally – request right of way, blue lights right of way. A police officer can exceed the speed limit without red and blue lights
• Underage Drinking – Can be charged for Possession even if someone 21 is close to you and you are within reach, can be charged with smell on breath.
• 4 ways to have cause to search Car
– Consent
– Search incident to a lawful arrest Person gets arrested car can be searched (esp. Thrust lunge or grab area) - However if the trunk is not available can’t
– Inventory – Vehicle in Custody (impounded) may search If Lawfully on premise and sees something in car (Plain View)
– Carroll doctrine – if you have Probable Cause - don’t need warrant because car can move.
– (Dog, Smell automatic probable cause)
Constitution pop 4-5 1-5. 5 Freedoms given by the 1st Amendment
6-7. 2 Important rights I have according to the
Second Amendment?
8. The third amendment states I don’t have to keep
these people in my house?
9-10 The 4th Amendment states that an officer of the
law can’t search or seize something from me
without 1 of these 2 things?
Amendment 5 • Established in 1791.
• No person shall be held to
answer for a capitol or
otherwise infamous crime,
unless on a presentment,
or indictment of a Grand
Jury. Except in cases
arising in the land or naval
forces, or in the militia
when in actual service in
time of war or public
danger.
• Trial Rights
• Nor shall any person be
subjected for the same offense
to be twice put in jeopardy of
life or limb. Double Jeopardy
• Nor shall be compelled in any
case to a witness against
himself, nor be deprived of
life, liberty, or property w/out
due process of law. Plead 5th
• Nor shall private property be
taken for public use, w/out
just compensation.
Custodial Interrogation (actually asking Questions) is
what triggers the Reading of Miranda Rights
Raupp Notes on 5
• Miranda Vs Arizona 1963– Rts case (mostly remain silent) – Arrested and convicted of kidnap and rape of a teenage girl, did not know
his rights because cops did not tell him – Should have? He appeals to the Supreme Court.
– Later retried and still convicted (Served 11years in jail, gets out, and gets stabbed in a bar fight.)
– But now police read you your rights if you get arrested. (Miranda Rts)
• Espezedo vs Illinois – – Talk to an attorney – Police did not let him until hours later.
He gave incriminating evidence without lawyer.
– Constitutional Rights form
• Municipal Court – Fine only (don’t have right to Miranda - can’t go to jail) (Civil Violations - Speeding, Disorderly Conduct ($287.50) )
• Circuit Court – Criminal proceedings have to prove around 98% that the person did it.
Amendment 6 • In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial by an impartial jury of the state. The district wherein the crime was committed, which district shall have been previously ascertained by law and to be informed of the nature.
• And cause of accusation; to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the assistance of a counsel for his defense.
• Right to a quick and speedy trial w/witnesses and council
• 7th Amendment
– In suits of common law,
where the value in
controversy shall exceed
$20. The right of trial by
jury shall be otherwise
re-examined in any court
of the US, than according
to the rules of the
common law.
• Amendment 8
– Excessive bail
shall not be
required nor
excessive fines
imposed.
– Nor cruel and
unusual
punishments
inflicted.
• 9th Amendment
– The enumeration
in the Constitution
of certain rights
shall not be
construed to deny
or disparage
others retained by
the people.
– People’s rights
• 10th Amendment
– The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
– If the government doesn’t have it, and the state doesn’t have it then the people have it.
Torture Slides
Short Bill of Rights • 1. Freedom of Speech, Press, Assembly, Petition and Religion
• 2. Militia, Bear Arms (Have Guns)
• 3. No Quartering Soldiers
• 4. No Unreasonable Searches or Seizures without warrant or probable cause,
• 5. Trial Rights which include no double jeopardy, Plead 5th, Just Compensation
• 6. Right to a quick and speedy public trial with Witnesses for and against you, and counsel
• 7. Common Law
• 8. No excessive bail or fines, nor cruel or unusual Punishment
• 9. Peoples rights
• 10. States Rights
Constitution pop 4 – fill in the Blank • 1. Freedom of _______, Press, Assembly, _______ and _______
• 2. _______, Bear Arms (Have Guns)
• 3. No Quartering __________
• 4. No Unreasonable Searches or Seizures without ________ or _____________,
• 5. Trial Rights which include __________________, Plead __, Just Compensation
• 6. _________________________ public trial with _________ for and against you, and ________
• 7. Common ____
• 8. No excessive _____ or fines, nor _____________________
• 9. ______ rights
• 10. _______ Rights
_________________ ______________ ____________
___________
______________
______________
______________
______________
___________ _____________
_____________
___________
__________
__________
__________
__________
2. Militia, Guns 6. Rt. To quick and speedy, trial
w/ witnesses and council
3. No quartering Soldiers
10. States Rts
4 No unreasonable searches
or seizures w/out warrant or
Prob Cause
7. Common law 8 no excessive bail or
fines or cruel or unusual
punishment
1. Freedom of speech,
press, religion,
assembly and petition
5. Trial rts, no
double Jep, plead
5th and Just
Compensation
9 peoples rts
Amendments 11-27 • 11. Lawsuits against States (1795
Modifies Article 3, Sec 2)
• 12. Election of Executives (1804)
• 13. Abolition of Slavery (1865)
• 14. Civil Rights/often referred to
as the Equality Amendment
(1868) (This Amendment also
basically makes the 1st 10
Amendments viable at the State
level)
• 15. Right to Vote (1870)
• 16. Income Tax (1913)
• 17. Direct Election of Senators (1913)
• 18. Prohibition (1919)
• 19. Woman’ Suffrage (1920)
• 20. “Lame Duck” Sessions (1933)
• 21. Repeal of Prohibition (1933)
22. Limit on Presidential Terms (1951) 23. Voting in the District of
Columbia (1961) 24. Abolition of Poll Taxes (1964) 25. Presidential
Disability Succession (1967) 26. 18 year old Vote (1971) 27.
Congressional Pay (1992)
Constitution pop 4
1-7. What are the Titles of the Seven Articles in the
constitution?
1.
2.
3.
4.
5.
6.
7.
8-10. What are the three branches of government?
Constitution pop 4 1-7. What are the Seven Articles of the Constitution,
that organize the government?
8. The executive authority of a state =?
9. In order to propose an amendment to the
Constitution I need this number/percentage of
states or congressmen?
10. How many states were needed to ratify the
Constitution?
Constitution Pop 3 1-3. Articles 1,2,3 in the US Constitution are?
4-6. What are 3 things for which I can be removed
if I was president?
7. How many states were required to ratify the US
Constitution?
8. What is also known as the Supreme Law of the
Land?
9. What are the 5 rights I have according to the 1st
Amendment to the Constitution?
10. The first 10 Amendment are also known as?
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