US Constitution Handbook

US Constitution Handbook

The constitution is a living document with timeless ideas and changes with the times.

• Preamble – opening words that state the purpose

•We The People ……..

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 defence,• 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.

7 Principles of the Constitution• 1. Popular sovereignty – people rule• 2. Republicanism – people vote for

representatives• 3. federalism – power is shared between

national and state government• 4. separation of powers – government is

divided into 3 branches• 5. checks and balances – each branch of

government has control over the other• 6. limited government – ALL must obey laws

– govt. is not ALL powerful• 7. individual rights – all people have basic

rights

7 Principles

• Popular Sovereignty• Republicanism• Federalism• Separation of Powers• Checks and Balances• Limited Government• Individual Rights

3 Branches of Government

Legislative Executive Judicial

Congress Vice President

Supreme Court

President

House of Representatives

# based on State population

Equal representation

2 per state

JOB = MAKE LAWS

JOBS = COMMAND MILITARY, MAKE TREATIES & FOREIGN POLICY AND PROVIDE LEADERSHIP

Federal Courts

JOB = INTERPRET LAWS

JOB =ENFORCE LAWS

SENATE

Article 1 – Section 2• House of Representatives

• Term is 2 yrs. – no term limits• Number per state is based on state

population (census every 10 years)• Census = count

• There are currently 435 reps.• Qualifications = at least 25 yrs. Old

• Citizen of the U.S. for 7 yrs • Resident of the state that elects you

Salary = $136,700

Article 1 – Section 3• Senate• Term – 6 years• Number per state = 2 (equal representation),

currently 100• Qualifications:• At least 30 years old• Citizen for 9 years• Resident of the state that elects you• Salary $136,700• The Vice-President is the President of the

Senate and ONLY votes in the case of a tie!

Article One (write on back of Senate notes)

• The power to declare war belongs to the Congress

• A quorum is a majority of the members of the House or Senate and is required if voting on a bill.

• If the President or a member of Congress is accused of wrongdoing, the House brings up the charges and the Senate acts as the jury

How a Bill Becomes a Law?

• Put these steps in order:• Floor Action• Final Approval• Introduction• Enactment• Committee Action

How a Bill Becomes a Law?

• What is a Bill?• Who introduces it?• What is a veto?• Is a veto final?• How can a veto be overridden?• Which house of the Legislative Branch is

the only one who can introduce revenue (tax bills)?

Article 2 – The Executive Branch• President and Vice President• Main role is to enforce laws• Terms = 4 yrs. (limit 2 terms)• Chosen by electoral college – not a direct

vote of the people. # of electors for a state = total # of senators and representatives. Ks. has 6 – see p. 256

• Qualifications:• 35 years old• Natural born citizen• US resident for 14 years

Article 2, continuedSALARY = $200,000

Benefits:

1. Live in White House

2. Vacations

3. Use Air Force One

4. $100,000 in travel expenses

Section 2 – Powers

1. Command Military

2. Make treaties and appointments with Senate approval

3. Convene (call together) Congress

Section 3 - Duties –

State of the Union Address

Section 4 – Impeachment

Treason

Bribery

Other high crimes

Tried by the SENATE

Article 3 – The Judiciary• Supreme Court – highest and most powerful

court • Other inferior (lower) federal courts• Job – interpret (evaluate or make decisions

about) laws• Authority over all cases – Sec. 2• Original jurisdiction (they hear it first) Ex.

Cases involving states or public officials OR• Appellate = power to review lower court

decisions (ex. Roe vs Wade)

Article 3 - continued• Trial by jury in state crime is committed• Section 3. defines treason – must have

testimony of witnesses or confess• Must be an open act of treason• Punishment – Congress sets

Article 3 - continued• Supreme Court qualifications:

• Appointed by President, approved by the Senate.

• Term = unlimited• No age, residency or citizenship

requirements

Article 4• Main idea – states must honor one

another’s laws, records and court rulings.

• When you move from one state to another, your rights remain the same.

• New States may be admitted if approved by Congress.

Article 5• Main idea – The Constitution can be

amended.• It takes 2/3 of Congress or state

legislatures to propose and ¾ of state legislatures to ratify (pass or approve) an amendment. (p. 263)

Article 6• Main idea: The Constitution, national

laws and treaties are the supreme (highest) law of the land. All government officials must support them.

Article 7

• 9 of 13 states had to ratify (pass or approve) the Constitution before it could go into effect.

Amendments 1 – 10 = Bill of Rights

• 1st = Five freedoms…..freedom of• 1. religion• 2. speech• 3. the press• 4. of assembly• 5. to petition

Bill of Rights, cont.• 2nd – Right to bear arms

• 3rd – no soldier shall be quartered without consent of the owner

• 4th – right to privacy and ensures no unreasonable or illegal searches or seizures

Bill of Rights, cont.• 5th – protects the rights of the accused• 1. No person can be forced to testify

against himself• 2. No person can be found guilty of

a crime without due process of law (fair treatment)

Bill of Rights, cont.• 6th – Right to a speedy public trial. This

led to the Miranda rights:• Right to remain silent• Anything you say can be used against

you• You have the right to an attorney

Bill of rights, cont.• 7th – right to a trial by jury in civil cases –

civil law = wrongs between people• 8th – limits fines and punishments• 9th – rights of people – simply to say that the

rights included in the constitution are not the only rights we have

• 10th – Any powers not given to the national government by the Constitution are reserved for the states.

Other Important Amendments• 12th – called for separate ballots for

President and Vice-President• 13th – Ended slavery in the United

States (1865)• 14th – Defined citizenship, promised

equal protection of the laws (1868)• 15th – Designed to protect African

Americans right to vote (1870)

Other Imp. Amendments, cont.

• 16th – gave Congress the authority to collect income tax (1913)

• 18th – Prohibition (1919) prohibited alcohol production and consumption

• 21st – repealed Prohibition• 19th – Gave women the right to vote –

the BEST amendment…yeah!! (1920)

Other Important Amendments, cont.

• 20th - Lame Duck sessions – shortened the time before new officials take office – a lame duck is an elected official whose time in office ends soon.

• 22nd – Limited President’s terms to 2• 24th – Abolished poll taxes – a poll tax

was a fee paid to vote• 26th – gave 18 yr. olds the right to vote

Teenage Bill of Rights

• Your assignment is to write a Teenage Bill of Rights. Here’s your chance to write down all the rights you WISH you had! Your bill of rights must have a least 10 rights.