United States Constitution CIVICS Mr. Dircks. DECLARATION OF INDEPENDENCE What is the Declaration of...

United States Constitution

CIVICS

Mr. Dircks

DECLARATION OF INDEPENDENCE

• What is the Declaration of Independence?• Formal note declaring America free from Britain• List of grievances (complaints) against King George

• According to the Declaration of Independence, if government interferes with people’s rights, they have the duty to?• Abolish the government = REVOLT!!

• Main ideas of the Declaration:• All men are created equal• Men have rights that cannot be taken away - Locke• Governments derive power from the people

Structure of the Constitution

Amendments 1-27

Articles I - VII

Preamble

CONSTITUTION WAS NEEDED TO REPLACE ‘WEAK’ ARTICLESOF CONFEDERATION

Structure of the Constitution

• Preamble – States the ‘WHY’ and goals• Article I – Legislative Branch• Article II – Executive Branch• Article III – Judicial Branch• Article IV – Relationship between States• Article V – Amendment process• Article VI – Supremacy Clause• Article VII – Ratification process• Amendments – Changes to the Constitution

Major Principles

Popular Sovereignty – People are the source of power (electing representatives, etc.)

Federalism – Power divided between national and state governments

Separation of Powers – Division of power between three branches of government

Checks and Balances – Each branch holds some power over the other two branches

Judicial Review – Power of the courts to review laws and actions for constitutionality

Limited Government – Limits the authority of the federal government

Preamble

• We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.

• Schoolhouse Rock

• Barney Fife

Examples – Separation of Power

EXECUTIVE

JUDICIAL

LEGISLATIVE

Three Ring Circus

Examples of Checks and Balances

• Veto ability• Congress passes law• President refuses to sign• Congress can override with 2/3 majority

• Nomination• President appoints key officials• Senate approves appointments

• Judicial Review• Marbury vs. Madison *** Supreme Court determines

whether a law is constitutional

Article I – Legislative Branch(Makes the LAWS)

• Congress• House of Representatives (435)

• Number of Reps based upon state’s population• Term = 2 years• 100% elected every two years• Speaker of the House = presiding Officer

• Senate (100)• 2 Senators per state• Term = 6 years• 1/3 elected every two years – Why?• Vice President = presiding Officer – What does he do?• President Pro Tempore – if VP is away

Article I – Legislative Branch

• Qualifications• Age

• 25 - Representative• 30 - Senator

• Citizenship• 7 year U.S. Citizen – Representative• 9 year U.S. Citizen – Senator

• Residency• State resident - both

Article I – Legislative Branch

• Congressional Powers – All• Revenue – taxes

• Borrow

• Regulate trade

• Declare War

• Currency

• Naturalization

• *Elastic Clause* - power to create laws necessary and proper

Article I – Legislative Branch

• Congressional Powers – Denied• Religion• Habeas Corpus – *Except during ‘crisis’

• “Produce the body”

• Ex Post Facto• After the fact”

Article I – Legislative Branch

• House of Representatives – Powers• Start all revenue bills• Start impeachment process

• Formally charge someone with wrongdoing

• Select President if electoral college ties

• Senate – Powers• Confirm all Presidential appointments

• *Except staff (Chief of Staff, Press Secretary, etc.)

• Jury in impeachment trial• Approve treaties (2/3 majority)• Filibuster – continue speaking to delay or kill action on a specific

bill

Article I Legislative Branch

• Bill to Law Process• Starts ?• Then goes to?• Approved by ?• Sent to ?• If Approved sent to?• If signed ?• If not signed ?

• Called a?• Not signed but not vetoed and Congress adjourns?• Congress votes to override veto with a ? Majority?

• If not returned in ten days ?

ARTICLE I QUIZ

• Take five minutes to review your notes on Article I

Article II – Executive Branch(Enforces the LAWS)

• Chief Executive• Major role?

• Qualifications• 35 years old• Natural born citizen• 14 year U.S. resident• What about the VP? Why?

• Term• 4 year term • 2 term max• 10 year total max

Article II – Executive Branch

• Elections• How the Electoral College Works• Electoral college – who & how many?• Popular vote vs. Electoral college

• Powers• Appoint key officials• Commander-in-Chief• Negotiate treaties & conduct foreign policy

• Duties• State of the Union• Receive foreign diplomats• Recognize foreign governments

• Rights• Refuse to testify before a court – executive privilege

Article II – Executive Branch

• Impeachment• Why or what for?• How?

• House

• Impeaches

• Senate

• Tries

Article III – Judicial Branch(Interpret the LAWS)

• Supreme Court• Judicial Review?• Jurisdiction

• Original

• Appellate – Hear appeals from lower courts

• # of Justices (9)• Appointment process?• Term? Except for?

Article IV – Relations between States• *Extradition

• the formal process by which a fugitive found in state is surrendered to another state for trial or punishment.

• Federal guarantee to the states?• “Full faith and credit shall be given in each

state to the public acts, records, and proceedings of every other state.”

Article V – Amendment Process

• Purpose• Shows the Constitution is flexible and can change when

necessary

• Proposing Amendments?• Who? Congress

• How many? 2/3 Majority

• Ratifying Amendments?• Who? State Legislatures

• How many? ¾ of all states (38)

Article VI – Supremacy Clause

• Constitution and Federal Law are the supreme law of the land!!!

Bill of Rights1-10

• Amendment 1 – Religious and political freedom• Freedom of religion

• Congress CANNOT establish a religion

• Freedom of speech

• Freedom of press

• Freedom of assembly

• Freedom of petition

• Amendment 2 – Right to bear arms

• Amendment 3 – Quartering troops

• Amendment 4 – Search and seizure• Protects against unreasonable

search and/or seizure• Need ‘probable’ cause for search

warrants (WHAT/WHERE)

• Amendment 5 – Rights of accused persons• Double jeopardy protection• Requirement of indictment by

Grand Jury• Due process protection• Self-incrimination protection

Bill of Rights1-10 (Part II)

• Amendment 6 – Right to a speedy, public trial• Jury of your peers• Right to counsel

• Amendment 7 – Trial by jury in civil cases• Jury trial in civil cases where

the value exceeds $20

• Amendment 8 – Limits of fines and punishments• Protection against cruel and

unusual punishment• Amendment 9 – Rights of

people• People’s rights are not limited

to the rights mentioned in the Constitution

• Amendment 10 – Powers of states and people• ‘Reserved’ powers clause –

powers not mentioned belong to states and people

Amendments 11-20

• Amendment 11 – Suits against states

• Amendment 12 – Election of President and Vice President

• Amendment 13 – Abolition of slavery

• Amendment 14 – Rights of citizens regardless of race

• Amendment 15 – Right to vote regardless of race

• Amendment 16 – Income tax

• Amendment 17 – Direct election of Senators

• Amendment 18 – Prohibition of Alcohol

• Amendment 19 – Woman suffrage (right to vote)

• Amendment 20 – “Lame-Duck”

Amendments 21-27

• Amendment 21 – Repeal Amendment 18

• Amendment 22 – Limit on Presidential terms (2 terms or 10 year max)

• Amendment 23 – Presidential Electors for D.C.

• Amendment 24 – Abolition of the Poll Tax

• Amendment 25 – Presidential disability and succession

• Amendment 26 – Eighteen-year-old vote

• Amendment 27 – Restraint on Congressional salaries

United States Flag Code

• Flag is usually flown from dawn to dusk• Unless illuminated

• In a group, the Flag should be center and the highest• In a room, the Flag should be to the speaker’s right• An upside down Flag signals distress• To fly the Flag half-staff, raise the Flag fully and lower to

the half-way point• Burning of the Flag is a protected form of speech in the

United States• The national anthem is the “The Star Spangled Banner”

written by Francis Scott Key during the War of 1812

Illinois Government

• Illinois = Becomes a state 1818• Current Constitution = 1971

• Compared to the US Constitution, Illinois has 14 Articles (US=7)

• Capital = Springfield

• Eminent domain = power of government to take away private property for public use

• Home rule = process in which a county or municipal government may provide its own public services

Illinois Government

• Illinois Legislature = General Assembly• General Assembly

• 59 legislative districts (each district must be approximately equal in population)

• 118 representative districts• Qualifications of Members of the General Assembly

• 21 years old• Reside in district 2yrs.• Citizen

• Governor of Illinois = Pat Quinn• Next election = November 2014• Power of line item veto

Illinois Government Officials

• Secretary of State = Jesse White• Issue Driver’s License• Keeper of the state’s official records

• Attorney General = Lisa Madigan• Chief Law Enforcement Officer

• Treasurer = Dan Rutherford• Invest public funds

Illinois Judicial System

• Judicial System• Three types of courts

• Supreme, Appellate, Circuit

• All Illinois Judges are elected by the people• Requirements to be elected or appointed as a judge

• Lawyer• Resident of district• Citizen

• Grand Jury = a panel of 16-23 people who decide if there is enough evidence to charge a suspect (indictment)

ILLINOIS VOTER REQUIREMENTS

• Any changes (amendments) to the Illinois Constitution must be approved by the voters of Illinois

• 18 years old• Resident of the state > 30 days• Register to vote by election deadline –

usually 30 days prior to election