The Constitution

The Constitution is the supreme law of the land—no local law, state law, school rule or any other law imposed by the government can go against it.

State LawLocal Law

School RuleCONSTITUTIO

N

The Preamble tells us the purpose of the Constitution:

“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.”

There are nine parts to the Constitution:

The Preamble—explains why it was madeArticle 1—explains the Legislative BranchArticle 2—explains the Executive BranchArticle 3—explains the Judicial BranchArticle 4—explains how states interactArticle 5—Tells how to change the ConstitutionArticle 6—Tells the supremacy of the National GovernmentArticle 7—RatificationBill of Rights—lists rights retained by the people

This is where the Legislative Branch meets:

The Capitol Building

Congre

ss

Article OneThe legislative branch makes the lawsThis goes to the heart of republicanism=

choosing representatives to make laws rather than relying on kings and queens

There are two parts: the House of Representatives and the Senate

The House is based on population whereas each state gets two members in the Senate (remember the Great Compromise)

Article One continued…

Members of the House of Representatives must be at least 25 years old and they serve two-year

terms:

You must…

• Have been a citizen for at least 7 years

And you must…Live in the area that you are representing

Senators must be 30 years-old, have been a citizen for nine years and they serve six-

year terms.

All the rest of the requirements are the same

In both the House and the Senate…

• There are no term limits– The longest-serving Senator in history was Robert

Byrd, who served for over 51 years– Longest serving Representative is John Dingell who

has been representing Michigan’s 15th district for 58 years

• You don’t have to be born in the United States– Eleven current members of Congress were born

somewhere else, including Cuba, Pakistan and Japan

The Representative for Los Alamitos looks like this:

• Alan Lowenthal• Democrat• In office since

January 2013

The 47th District that we’re currently in looks like this:

The districts for the state of California look like this:

California’s two Senators are…

Barbara BoxerDemocrat

20 years in office

Dianne FeinsteinDemocrat

21 years in office

Keep in mind:The Legislative Branch cannot make laws that go

against the Constitution. The Constitution sets the boundaries in which laws passed must stay. If Congress passes a law that goes out of those boundaries, it’s the job of the Supreme Court to rule it unconstitutional.

When laws and the Constitution come into

conflict, the Constitution reigns supreme.

I. NOTES—LEGISLATIVE BRANCH1. Also called Congress, their job is to make laws2. Made up of the House of Representatives and

the Senate3. Every state gets two Senators but

Representatives varies by population4. You must be 25-years-old to be a

Representative and 30 to be a Senator5. Senators serve six year terms and

Representatives serve two-year terms

How Laws are Made

• The Legislative Branch makes laws• The Legislative Branch is also known as

Congress.• When they meet it looks like this:

• There are two parts to Congress: The House of Representatives and the Senate

• They vote upon and debate about bills. Bills look like this:

• OK, not exactly, but you get the idea• A bill is a proposed law.

In order for a bill to become a law, three things have to happen:

1.A majority (more than half) of the House of Representatives must vote YES on it.

2.A majority of the Senate must vote YES on it.

3.The President must agree with it and sign it into law.

Senate gets a

majority

House gets a

majority

The President

signs it

IT’S A LAW!!!

LEGISLATIVE BRANCH

EXECUTIVE BRANCH

WHAT IF THE PRESIDENT DOESN’T SIGN IT?

• If the President doesn’t like a bill, he VETOES it.

A VETO is a check the Executive Branch has over the Legislative Branch.

BUT WAIT, THERE’S MORE….

• If a President could stop any law they wanted with his or her veto, it would make the President too powerful, like one of these…

So, Congress can override a veto, but it won’t be easy…

HERE’S HOW CONGRESS CAN OVERRIDE A VETO:

Instead of needing a simple majority (more than half), if the President vetoes a bill Congress needs 2/3 of the House and 2/3 of the Senate to turn the bill into a law.

A VETO RAISES THE BAR TO PASS A LAW

If the President agrees with both parts of Congress, a majority in Congress passes the law. If the President disagrees, it gets harder.

SIMPLE MAJORITY (MORE THAN HALF)

2/3 majority

A veto is a check the President has over Congress. It doesn’t automatically stop a bill from becoming a law, but rather

makes it harder for Congress to pass the bill. Overriding a veto is

a check Congress has on the President. It assures that even

though the President is powerful, if the will in Congress is strong enough, they can go

against his wishes.

NOTES ON HOW A LAW IS PASSED1. Congress=lawmakers2. Once both parts of Congress pass a

bill it goes to the President3. The President has two choices: Sign it

or Veto it4. If vetoed two-thirds of each part of

Congress is needed for it to become law5. Laws still have to be Constitutional

Moving on…

Article Two: The

Executive Branch

The Executive Branch

The executive Branch is headed by the President of the United States. Can you name them?

To be President, you must…

Be at least 35-years-old

Have been born in the United States

Have been a resident for 14 years

The term for a President is four years, and unlike

Congressman, Presidents have term limits, as they can only serve two terms.

Originally, this was just a tradition or precedent set by Washington, but eventually it was added to the Constitution with the 22nd Amendment.

Terms and years

Some notable Presidents…

Youngest: Teddy Roosevelt, 42-years-old

Oldest: Ronald Reagan, 77-years-old

Longest serving: Franklin Roosevelt,12 years

Shortest serving: William Henry Harrison,32 days

Largest President: WilliamHoward Taft, 320 lbs

Smallest President: James Madison, about 100 lbs

Only President to resign from office…

Nixon, 1974

Presidents that have been assassinated

Lincoln McKinley

KennedyGarfield

If something happens to the President, here is the order of succession:

The Vice President

Speaker of the House

President pro tempore of the Senate1

Secretary of State

Secretary of the Treasury

Secretary of Defense

Attorney General

Secretary of the Interior

Secretary of Agriculture

Secretary of CommerceSecretary of Labor

Secretary of Health and Human Services

Secretary of Housing and Urban Development

Secretary of TransportationSecretary of Energy

Secretary of EducationSecretary of Veterans

AffairsSecretary of Homeland

Security

The job of the President is to enforce the laws. In other words, they are to make sure that the laws passed by Congress and the rulings of the courts are carried through.

National Guard sent

by President Kennedy to enforce the Supreme

Court’s ruling.

Alabama Governor George Wallace who had

been defying it.

Example: 1963Alabama Governor George Wallace was defying the Supreme Court’s order to integrate the University of

Alabama and let African-American students enroll, so…

The President also has a military title:

Commander-in-ChiefThe President gets the final say on decisions in times of war: who to attack, when to attack them, where to deploy troops, when to bring troops home and so forth. He relies upon his Secretary of Defense and Chiefs of Staff for advice. Congress, however, declares war and determines funding.

Chiefs of Staff

Presidents also sign treaties and agreements with other countries. Here, President Reagan is shown in 1987

with Soviet Premier Gorbachev.

II. NOTES ON THE EXECUTIVE BRANCH

1. The Executive Branch consists of the President and Vice-President

2. Their job is to enforce the Constitution3. President and VP get elected as a package

called a “ticket”4. Serve four-year-term and have a two-term limit.5. POTUS’ jobs include foreign policy, encouraging

a domestic agenda and being the final stage in the law-making process

Presidents are elected to four year terms and can only be elected twice.

They are elected by a system called the…

Electoral College

col·lege (noun)1. A higher educational establishment

2. An organized group of professional people with aims, goals, duties and privileges.

Each state is in charge of how they award their own electoral votes. In every state besides Nebraska and Maine, the candidate that wins the state wins ALL of the electoral votes for the state. This is called “winner-take-all”

The number of electoral votes per state is determined by their number of Representatives plus the number of Senators.

Representatives+ Senators Electoral Votes

There are actual people, called electors, that each state chooses by whatever method they want. Those electors are entrusted to fulfill or represent the will of the voters in their state. Though the presidential election happens in late November, the electors meet several weeks later to cast their ballots and submit them. They are expected to fulfill the will of the voters in their state according to their state law.

WAIT ‘TIL YOU HEAR THIS…

For instance…• California: 53 Representatives + 2

Senators= 55 Electoral Votes• Texas: 32 Reps + 2 Senators= 34

Electoral Votes• Alaska: 1 Representative + 2 Senators=

3 Electoral Votes

So, if a presidential candidate was to win all three states, they would get all 92 electoral votes.

Currently, there are 538 electoral votes available and 270 needed to win the Presidency. That’s just over half.

Because the President is determined by electoral votes and NOT TOTAL POPULAR VOTES, it is possible to get more total votes and still lose a Presidential election.

This has happened four times: 1824 (JQ Adams over Jackson), 1876 (Hayes over Tilden), 1888 (Harrison over Cleveland) and 2000 (Bush over Gore)

So, let’s think like a presidential candidate—where would you campaign?

CALIFORNIA WORTH 55 ELECTORAL VOTES

POLLS SAY YOU’RE UP BY TWELVE PERCENT ON YOUR OPPONENT

OHIO WORTH 18 ELECTORAL VOTES

POLLS SAY YOU’RE UP BY ONE PERCENT ON YOUR OPPONENT

NEW YORK 29 ELECTORAL VOTES

POLLS SAY YOU’RE BEHIND BY NINE PERCENT TO YOUR OPPONENT

Hey! Let’s watch a video on it!

Electoral College explained!

Here is the electoral map from the 2012 Election

Here is the electoral map from the 1952 Election

Have you been watching closely?

LISTENING???

NOTES ON THE ELECTORAL COLLEGE1. The Presidency is determined by the winner of

the electoral vote2. Each state has a different number of electoral

votes available, based upon their population3. All states but Nebraska and Maine are winner-

take-all states, meaning that winning by even 1% means you get all of that state’s electoral votes

4. The candidate that gets the majority (over 270) of electoral votes wins.

The Legislative Branch and the Executive Branch

AKA Congress and

the PresidentWork together to pass laws.

Here’s how…

Once a bill becomes a law, the only

branch that can overturn it is the…

Article Three

Judicial

Branch

The Judicial BranchThe job of the Judicial Branch is to interpret the

law and make sure laws and the Constitution are being properly applied.

This process is called “judicial review”

Where the Supreme Court

meets

The Supreme Court

The highest court is the Supreme Court. The Supreme Court consists of nine judges, called “justices”

Justices are appointed by the President, but have to be confirmed (agreed upon) by the Senate

RequirementsIf you are appointed to the Supreme Court,

there are no term limits, no residency requirements and no age limits.

THAT’S A LOT OF POWER…BUT

WHY?

Unlike members of Congress or the President, justices aren’t supposed to represent a

group. Rather, they’re supposed to interpret the Constitution making sure that it is

followed.If Supreme Court justices were up for re-election

or re-appointment, they might try to do what was popular or would get them re-appointed,

instead of what was Constitutional.Supreme Court judges don’t have to worry that

an unpopular decision will cost them their jobs.

A President getting to appoint a new justice is significant because whomever they appoint

will likely be a member of the Supreme Court long after the President that appointed them

is out of power.80 of the 112 justices that have served have

done so for more than eight years.Currently on the court are two appointees of

President Reagan, two of President Obama, two of President George W. Bush, one of President Bush Sr. and two of President

Clinton.

Here is our current Supreme Court

SOTAMAYOR;

OBAMA; 4 YEARS BREYER; CLINTON;

19 YEARS ALITO; BUSH;

8 YEARSKAGAN; OBAMA;

3 YEARS

GINSBERG;

CLINTON; 20 YEARS

THOMAS; BUSH SR;

22 YEARS

SCALIA; REAGAN;

27 YEARSROBERTS; BUSH;

8 YEARSKENNEDY;

REAGAN; 27 YEARS

The main job of the Judicial branch is to make sure the actions of the government are

Constitutional. If they are not, the Supreme Court rules them

UNCONSTITUTIONAL

and they must stop immediately.

The Supreme Court ruling that something is unconstitutional is extremely significant because

of its permanence—there is no higher court or person to whom the ruling can be appealed.

The only way work around a ruling of unconstitutional is to begin the extremely

difficult task of trying to amend the Constitution itself to include the idea. If it’s in the

Constitution it *can’t* be unconstitutional.

Keep in mind the concept of checks and balances and how the three branches

interact as it comes to the Judicial Branch…

EXECUTIVE LEGISLATIVE

JUDICIAL

APPOINTS CONFIRMS

CAN DECLARE ACTIONS

UNCONSTITUTIONAL

NOTES ON THE JUDICIAL BRANCH1. The Judicial Branch’s job is to interpret and

apply the law2. There are nine judges—called justices—on the

supreme court3. Supreme Court justices are appointed by the

President and approved by the Senate4. There are no requirements to be a justice and

no term limits; they are there for life5. If the SCOTUS says a law does not comply with

the Constitution, it is called unconstitutional

Amending the Constitution

First off, what does the word “amend” mean?

•AMEND (verb): 1. to put right, 2. to change or modify for the better

What is a Constitutional Amendment?

A Constitutional Amendment is a change or alteration made to the Constitution

usually to improve it or clarify its meaning.

As James Madison said at the

Constitutional Convention...

“In framing a system we wish to last for ages, we must keep mind of the changes the

ages will produce.”

In other words, the people that wrote the Constitution

were aware that in order for it to stand the test of time, it had to have the ability to change

along with country’s needs and wants.

So, an amendment to the Constitution is a change or alteration made to the Constitution for the better.

Some things to remember…• The Bill of Rights is only the first ten

amendments that were demanded by Antifederalists before they would ratify the Constitution

• There have been 17 other Amendments ratified in American History

• Amendments are much more important and permanent than laws. Here’s why…

Amendments are changes to the Constitution, which is the supreme

law of the land. Amendments CANNOT be unconstitutional because once

ratified they are a PART OF the Constitution. Because they are a

change to the Constitution—not just a law that can be vetoed, repealed,

expire or ruled Unconstitutional—is MUCH more difficult to create a new

amendment than a law.

Think of it like this…A law is like an Etch-a-

Sketch drawing; relatively easy to make

and easily erased

An Amendment is like a tattoo; harder and more difficult to do and much

more permanent.

So, how is an amendment

made?There are two ways, but only one has ever been

used, and it has two steps…

Step One: 2/3 of the House of Representatives and 2/3 of the Senate approve and send it to the states…

Step Two: 3/4 of the states approve and the amendment goes into the Constitution

Maybe this will help…

2/3 of the

House approves

2/3 of the

Senate approves

¾ of the states

approve

NEW AMENDMENT!

The other way an amendment can be made is by 2/3 of the state

legislatures approving and then sending them to state or national

conventions for 3/4 approval. In other words, having a similar process but the amendment is proposed at the

state level instead of by a Congressman.

However, this has NEVER

happened

REMEMBER, AN AMENDMENT IS A PERMANENT CHANGE TO THE CONSTITUTION. IT CAN’T BE

VETOED, NOR CAN IT BE DECLARED UNCONSTITUTIONAL. THE ONLY WAY TO CHANGE AN AMENDMENT IS TO MAKE ANOTHER AMENDMENT REVERSING IT.

Because amendments are so hard to get passed, only 17 of them (not including

the Bill of Rights) have ever been passed. Over 11,000 have been proposed by

members of Congress, however.This means that approximately 1 out of

every 400 proposed amendments has actually been ratified and made it into

the Constitution.

Some proposed amendments that have failed over the years

include…Balanced budget amendmentAbolishing the death penalty

Ban on AbortionEliminating natural birth requirement to be

PresidentTerms limits on Congressman

Abolishing the electoral systemThe banning of flag burning

NOTES ON PASSING AMENDMENTS1. An amendment=a change to the Constitution2. Amendments can’t be ruled unconstitutional

because they are *in* the Constitution3. It takes 2/3 of each branch of Congress and

three-fourths of the states to pass an amendment

4. Amendments are much more permanent than laws—they don’t expire and require another amendment to overturn them.

The Bill of Rights

What is the purpose?The purpose of the Bill of Rights is to clarify

some of the most important rights that citizens of the United States have. These rights

are supposed to be protected from government interference.

What is it?The Bill of Rights is simply the first ten

amendments to the Constitution, ratified in 1791. Though there have been 27 Amendments

passed in American history, only the first ten make up the Bill of Rights.

How did it come to be included?When the Constitution was being agreed upon

by the states (ratified) many Antifederalists were concerned that the Constitution didn’t clearly state the rights retained by the people, so as a condition of ratifying the Constitution, Federalists agreed to include a Bill of Rights.

The Bill of Rights was written mainly by James Madison. Some Federalists like Hamilton voiced concerns that a Bill of Rights might imply that these were the *only* rights people had.

First AmendmentFreedom of Expression

First Amendment“Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the

freedom of speech, or of the press; or the right of the people peaceably to assemble,

and to petition the Government for a redress of grievances.”

Guarantees the freedom of expression, specifically as it applies to:

Religion, Speech, Press, Petition, Assembly

When it comes to religion, the government is neither to establish any kind of official

religion nor are they supposed to prohibit the free exercise of religion.

Protected expression can be symbolic as well—the way someone dresses, a sign they may

hold in protest, etc.

Second AmendmentRight to Bare Arms

Second Amendment

“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.”

Guarantees the rights of the people to keep guns and arm themselves. This is a response to efforts of the British to take

weapons belonging to militia and minutemen prior to the Revolution (think

Lexington and Concord).

Though there are some legal limitations required in certain areas—i.e. waiting

periods, background checks, gun locks, etc.—the rights of the people to keep and

bear arms cannot be infringed.

Quartering of Troops

Third Amendment

Third Amendment

“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.”

A direct response to the Quartering Act, the Third Amendment prohibits the government from forcing

citizens to be responsible for the housing of troops in an arbitrary and unlawful way.

Search and Seizure

Fourth Amendment

Fourth Amendment

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or

things to be seized.”

This protects people and their property from being searched by

the government without a warrant. Additionally, it says that warrants should only be issues if there is

probable cause and must describe the exact place that the authorities

need to search and exactly for what it is that they are looking.

Rights of people accused of crimes

Fifth Amendment

Fifth Amendment“No person shall be held to answer for a capital, 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; nor

shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be taken for public use without just

compensation.”

This states that a grand jury has to find that there is a good reason to bring charges against you, with the exception of some

circumstances in the military. It also prohibits “double jeopardy”, which is being tried a

second time for a specific crime in which a jury already reached a not-guilty verdict.

Additionally, it states that you don’t have to be a witness against yourself if you don’t want

to be (“pleading the 5th”), and lastly it specifies that all citizens deserve fair

treatment by the law and cannot lose their property unless they are paid fairly for it.

Right to a Speedy Public Trial

Sixth Amendment

Sixth Amendment“In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which

district shall have been previously ascertained by law, and to be informed of the nature and cause

of the 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 counsel for his

defense.”

Guarantees the right to have a trial that is made public, takes place in

the area the crime was committed, to be told what you are being accused

of and have a right to question witnesses against you and bring witnesses in your favor. Lastly, it guarantees the rights of someone

accused of a crime to have a lawyer.

Trial by Jury in Civil Cases

Seventh Amendment

Seventh Amendment

“In suits at common law, where the value in controversy shall exceed twenty dollars, the

right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise

reexamined in any court of the United States, than according to the rules of the common

law.”

This guarantees the defendant in a civil case to have a trial in front of a jury as opposed to having a single judge make a ruling. The

$20 amount has been changed to $400 in most states for one to

request a jury.

No Cruel or Unusual Punishment

Eighth Amendment

Eighth Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and

unusual punishments inflicted.”

Protects someone found guilty of a crime of being punished excessively by disproportionately large bail, or cruel or bizarre

punishments.

Rights of the Individual

Ninth Amendment

Ninth Amendment

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

This simply means that you have lots of rights that aren’t listed in the Bill of

Rights. You have all kinds of rights—to have kids, make dinner, cut your hair,

etc.—that aren’t listed in the Bill of Rights. The Bill of Rights is the beginning

of your rights, not the end of it. These ten amendments are those that Antifederalists felt needed to be

clarified.

Rights of the States

Tenth Amendment

Tenth Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it

to the States, are reserved to the States respectively, or to the people.”

This relates to Federalism. It specifies that unless a power is specified in the Constitution to be for the Federal government, it belongs to the states.

What fraction of the House and Senate are needed to propose an amendment?

What fraction of the states are needed to approve it?

How many amendments are in the Bill of Rights?Which amendment protects freedom of speech?Which amendment was in response the

Quartering ActIf you are found guilty of a crime, what does the

8th Amendment protect you against?Which amendment guarantees you the right to

remain silent and the right to an attorney?

Limits on Government power

Remember the idea of creating a strong but limited government? Though the Constitution greatly

expanded the power of the federal government, it also built in some clever ways to make sure that the power of the federal government

would be restrained. Here are a few…

Federalism guarantees power is shared between the national government and the

states

Separation of Powers guarantees no one part of the national government is too strong

Frequent elections guarantee the people are governed by those they have recently chosen

• Representatives every two years• Senators every six years

• President every four years

Term Limits guarantee one person will never be President for too long

Independent Judiciary guarantees the Supreme Court can make unpopular but fair decisions

INFLUENCED BY

NO ONE

Checks and Balances allow each branch to limit the power of one another

CHECKS CONGRESS BYVETOING BILLS

CHECKS THE SUPREME COURT BY

MAKING JUDICIAL APPOINTMENTS

CHECKS THE PRESIDENT AND CONGRESS BY DECLARING THEIR

ACTS UNCONSTITUTIONAL

The Supreme

Court

CHECKS THE PRESIDENT BY:• OVERRIDING VETOES• CONFIRMING

PRESIDENTIAL APPOINTMENTS (LIKE JUDGES)

• IMPEACHMENT

CHECKS THE SUPREME COURT BY CONFIRMING

PRESIDENTIAL NOMINATIONS

IMPEACHMENT=process of trying to remove a President from officeReasons for removal are treason, bribery and other serious crimes

House of Representatives brings charges

against the President

Senate hears evidence. 2/3 majority of Senate removes the President

from office.

The Bill of Rights lists the most important rights retained by citizens

Protects the government from interfering in

citizens rights to free speech, religion, press,

own guns, privacy, have a fair trial, avoid cruel or unusual punishment, etc.

NOTES ON LIMITING GOVERNMENT1. Madison and the other founders set out to make

a strong but limited government.2. Though a powerful central government is

necessary, constraints on centralized power are also important

3. Concepts like federalism, separation of powers, checks and balances, frequent elections, term limits, independent judiciary and a bill of rights are designed to limit the scope of federal power