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Article I: Article I: The Legislative The Legislative Branch Branch Senate Senate and and House of Representatives House of Representatives

Article I: The Legislative Branch Senateand House of Representatives

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Page 1: Article I: The Legislative Branch Senateand House of Representatives

Article I: Article I: The Legislative BranchThe Legislative Branch

Senate Senate

and and

House of RepresentativesHouse of Representatives

Page 2: Article I: The Legislative Branch Senateand House of Representatives

Legislative PowersLegislative Powers Congress Congress makes lawsmakes laws Borrows moneyBorrows money Regulates tradeRegulates trade Establishes rules for Establishes rules for

citizenshipcitizenship Coins moneyCoins money Punishes Punishes counterfeitingcounterfeiting Gives Gives copyrightscopyrights and and

patentspatents

Establish post officesEstablish post offices Establish federal Establish federal

courtscourts Punish piratesPunish pirates Declare warDeclare war Raise and support Raise and support

army and navyarmy and navy Rule Rule Washington, D.C.Washington, D.C. Elastic clause!Elastic clause!

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Preamble = IntroductionPreamble = Introduction

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.

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Checks and balancesChecks and balances

House impeaches (House impeaches (accusesaccuses) office holders) office holders Senate tries Senate tries impeachmentsimpeachments Congress can Congress can overrideoverride (pass a law (pass a law

anyway) a president’s veto of laws.anyway) a president’s veto of laws.

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Power to the PeoplePower to the People

Age limits on Senators (Age limits on Senators (3030) and ) and Representatives (Representatives (25)25) Equal opportunities for famous and unknownEqual opportunities for famous and unknown

Pay for Senators and RepresentativesPay for Senators and Representatives Don’t need to be rich to serveDon’t need to be rich to serve

CensusCensus Maintains fair representation as population Maintains fair representation as population

changeschanges

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Elements that strengthen Elements that strengthen federal powerfederal power

Article I.18: “Congress shall have the Article I.18: “Congress shall have the power…to make all laws which shall be power…to make all laws which shall be necessary and propernecessary and proper for carrying into for carrying into execution the foregoing powers, and all execution the foregoing powers, and all other powers vested by this Constitution in other powers vested by this Constitution in the government of the United States.”the government of the United States.”

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Elements that strengthen Elements that strengthen federal powerfederal power

Article I.18 is called the Elastic Clause. Article I.18 is called the Elastic Clause. Why?Why?

Elastic Clause: Constitution gives the Elastic Clause: Constitution gives the national government the power to do national government the power to do anything “necessary and proper” to anything “necessary and proper” to accomplish its tasks.accomplish its tasks.

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Slavery IssuesSlavery Issues

3/5 Compromise3/5 Compromise Creates overrepresentation of slave state Creates overrepresentation of slave state

interests.interests.

Commerce CompromiseCommerce Compromise No regulation of the slave trade for 20 years.No regulation of the slave trade for 20 years.

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How does a bill become a law?How does a bill become a law?

Listen to the song and write down the Listen to the song and write down the steps of the process you hear.steps of the process you hear.

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How a Bill Becomes a LawHow a Bill Becomes a Law

1) Begins as an 1) Begins as an idea.idea. 2) Senators or representatives 2) Senators or representatives write write themthem 3) The bill is sent to a 3) The bill is sent to a committee.committee. 4) The bill is presented to the committee’s house to 4) The bill is presented to the committee’s house to

vote on.vote on. 5) If the bill 5) If the bill passespasses, it is sent to , it is sent to the other house.the other house. 6) The bill goes to the president who either 6) The bill goes to the president who either signs signs it it

into law or into law or vetoesvetoes it. it. 7) If the president 7) If the president vetoesvetoes the bill, Congress can the bill, Congress can

overrideoverride with a 2/3 majority. with a 2/3 majority.

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The HopperThe Hopper

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Let’s make a law!Let’s make a law!

In your committee, come up with a law In your committee, come up with a law you’d like to pass for our class and write it you’d like to pass for our class and write it down. This is your bill.down. This is your bill.

Present your bill to your house, and vote. If Present your bill to your house, and vote. If the bill passes, send it to the other house.the bill passes, send it to the other house.

Vote on the other house’s bills.Vote on the other house’s bills. Bills that pass both houses come to your Bills that pass both houses come to your

president president for possible veto. for possible veto.

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Article II: Article II: The Executive BranchThe Executive Branch

The PresidentThe President

““Carries out the laws”Carries out the laws”

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John F. KennedyJohn F. Kennedy

Our most basic common link is that we all inhabit this planet. We all breathe the same air. We all cherish our children's future. And we are all mortal.

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Executive PowersExecutive Powers Oversees the federal Oversees the federal

governmentgovernment Issue Issue executive executive

ordersorders Nominate Nominate judgesjudges to to

the the Supreme CourtSupreme Court Pardon(Pardon(forgive)forgive)

criminals who have criminals who have broken federal lawbroken federal law

Make Make treatiestreaties with with other countriesother countries

Commander in chief Commander in chief of military forcesof military forces

Can create a Can create a cabinetcabinet to help assist themto help assist them

Can Can vetoveto((reject)reject) laws laws

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QualificationsQualifications

President must be:President must be: Born in the Born in the United StatesUnited States At least At least 3535 years old years old Lived in the U.S. for at least Lived in the U.S. for at least 14 years14 years 2222ndnd amendment amendment limits President to limits President to 2 terms2 terms

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Limits on the ExecutiveLimits on the Executive

President can President can vetoveto but Congress can but Congress can override with a override with a 2/3 majority vote2/3 majority vote

ImpeachmentImpeachment- - bring charges against the bring charges against the president for treason, bribery, or other high president for treason, bribery, or other high crimescrimes

House of RepsHouse of Reps has power to impeach has power to impeach SenateSenate may hold a trial on accusations may hold a trial on accusations

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Impeachment of Bill ClintonImpeachment of Bill Clinton

Impeached by the Impeached by the House of Reps on House of Reps on perjury perjury andand obstruction of justiceobstruction of justice

He was acquitted by He was acquitted by the Senate because the Senate because 2/3 majority did not 2/3 majority did not find him guiltyfind him guilty

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Electoral CollegeElectoral College

Officially Officially electselects the President every the President every 4 4 yearsyears

Critics argue Critics argue that a candidate can become that a candidate can become President without securing the largest President without securing the largest percentage of popular votes.percentage of popular votes.

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Article III: Article III: The Judicial BranchThe Judicial Branch

The Supreme CourtThe Supreme Court

““Reviews the laws”Reviews the laws”

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Today’s ObjectiveToday’s Objective

How did the expansion of the Judicial How did the expansion of the Judicial branch of the U.S. Government have a branch of the U.S. Government have a major effect on the country?major effect on the country?

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Judiciary PowersJudiciary Powers

Supreme Court has Supreme Court has authority to hear authority to hear cases that arise under cases that arise under the the Constitution, Constitution, federal laws, and federal laws, and treatiestreaties

Can hear cases in Can hear cases in which there is a which there is a dispute among the dispute among the statesstates

Marbury v. Madison Marbury v. Madison (1803)(1803) stated that the stated that the Court had the power Court had the power of of judicial review judicial review

Judicial review was Judicial review was the power to declare the power to declare laws that Congress laws that Congress passed to be passed to be unconstitutional unconstitutional

Page 28: Article I: The Legislative Branch Senateand House of Representatives

Limits on the Judicial BranchLimits on the Judicial Branch

Courts can only Courts can only decide cases that decide cases that come before themcome before them

Judges have Judges have no no powerpower to act on their to act on their ownown

““Shall hold their Shall hold their offices during good offices during good behavior”behavior”

Judges are appointed Judges are appointed for for lifelife but can be but can be impeachedimpeached by the by the SenateSenate

Congress can Congress can amend amend the Constitutionthe Constitution to to overturn a Supreme overturn a Supreme Court decisionCourt decision

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Dred Scott v. SandfordDred Scott v. Sandford

Dred Scott v. Dred Scott v. Sandford (1857)Sandford (1857) stated that stated that slaves slaves were property and not were property and not citizenscitizens

1414thth amendment amendment (1868) overruled that (1868) overruled that decision and gave decision and gave equal protection equal protection under the lawunder the law

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Onondaga Nation Land ClaimOnondaga Nation Land Claim 1. What is the Onondaga Nation claiming that 1. What is the Onondaga Nation claiming that

New York State did?New York State did? 2. What exactly is a “land claim”?2. What exactly is a “land claim”? 3. How did the Supreme Court rule? What was 3. How did the Supreme Court rule? What was

one effect of this ruling?one effect of this ruling? 4. Do you agree with the Supreme Court’s 4. Do you agree with the Supreme Court’s

decision?decision? 5. If the Supreme Court ruled in favor of 5. If the Supreme Court ruled in favor of

Onondaga Nation, what would most likely be the Onondaga Nation, what would most likely be the result?result?

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You can be a justice…right now!You can be a justice…right now!

No age requirements on becoming a No age requirements on becoming a Supreme Court JusticeSupreme Court Justice

Apply today to become a justice…serve Apply today to become a justice…serve for life! Or you can work a few years…for life! Or you can work a few years…

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Tinker vs. Des MoinesTinker vs. Des Moines

1. Why were the students wearing “black 1. Why were the students wearing “black armbands”?armbands”?

2. What was the decision in the local 2. What was the decision in the local courts?courts?

3. How did the Supreme Court rule?3. How did the Supreme Court rule? 4. What did the Iowa school violate?4. What did the Iowa school violate? 5. What power did this Supreme Court 5. What power did this Supreme Court

case give to individual schools? case give to individual schools?

Page 33: Article I: The Legislative Branch Senateand House of Representatives

Article IV: The StatesArticle IV: The States

States can’t discriminate against citizens States can’t discriminate against citizens of other states, must treat equallyof other states, must treat equally Ex. Two people commit a crime in UtahEx. Two people commit a crime in Utah

Congress can admit new states to the Congress can admit new states to the UnionUnion

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Article V: AmendmentsArticle V: Amendments

Thousands of amendments have been Thousands of amendments have been suggested. suggested.

Congress has only proposed 33 Congress has only proposed 33 amendments. (Needs 2/3 in both houses)amendments. (Needs 2/3 in both houses)

Only 27 amendments have been ratified Only 27 amendments have been ratified by the states (3/4 of state legislatures)by the states (3/4 of state legislatures)

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Article VI: SupremacyArticle VI: Supremacy

Establishes the Constitution as the Establishes the Constitution as the

“Supreme Law of the “Supreme Law of the Land”Land”

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The Bill of RightsThe First 10 Amendments to the Constitution

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1st Amendment• The 1st Amendment guarantees freedom of

religion, speech, the press, assembly, and petition.

• This means that we all have the right to:• practice any religion we want to• to speak freely• to assemble (meet)• to address the government (petition)• to publish newspapers, TV, radio, Internet

(press)

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QuickTime™ and aTIFF (Uncompressed) decompressor

are needed to see this picture.

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2nd Amendment

• The 2nd Amendment protects the right to bear arms, which means the right to own a gun.

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3rd Amendment

• The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”

• This means that we cannot be forced to house or quarter soldiers.

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4th Amendment

• The 4th Amendment protects the people from unreasonable searches and seizures.

• This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

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5th Amendment

• The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused)

• You may not be tried twice for the same crime (double jeopardy)

• You don’t have to testify against yourself in court. (Self-incrimination)

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6th Amendment• The 6th Amendment

guarantees a speedy trial (you can’t be kept in jail for over a year without a trial)

• an impartial jury (doesn’t already think you are guilty)

• that the accused can confront witnesses against them

• the accused must be allowed to have a lawyer

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7th Amendment

• The 7th Amendment guarantees the right to a speedy civil trial.

• A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.

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8th Amendment

• The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

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9th Amendment

• All rights not stated in the Constitution and not forbidden by the Constitution belong to the people.

• This means that the states can do what they want if the Constitution does not forbid it.

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10th Amendment

• The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.