The Constitution

The PreambleThesis statement to the Constitution

More perfect union

Establish Justice

Domestic tranquility

Common defense

General welfare

Blessings of liberty

Article I

House of Representatives

2 year term 25 years old, citizen of U.S.

for 7 years, and resident of state representing

Speaker of the House John Boehner

Number of reps based on state’s population

Total reps = 435

census Determines whether to

impeach

Senate 6 year term 30 years old, citizen of U.S. for

9 years, resident of state representing

Vice-President head of the Senate

President pro tempore Orrin Hatch

100 Senators—2 per state Senate acts as jury in

impeachment trial

The Legislative Branch~Makes the laws~

Article IThe Legislative Branch

Wisconsin Federal Representatives Ryan, Paul; 1st district

Pocan, Mark; 2nd district

Kind, Ron; 3rd district

Moore, Gwen; 4th district

Sensenbrenner, F. James; 5th district

Grothman, Glen; 6th district

Duffy, Sean; 7th district

Ribble, Reid; 8th district

Wisconsin Federal Senators Baldwin, Tammy Johnson, Ron

Article IThe Legislative Branch

Annual SalariesSenators and Representatives

Payable Salary

Effective year

$6 per diem 1789

$5,000 1865

$22,500 1955

$60,662.50 1979

$174,000 (+2.8%) 2014

Article IThe Legislative Branch

How a Bill Becomes a Law

Article IPowers of Congress1. Revenue2. Bonds3. Commerce4. Naturalization laws and

bankruptcy5. Currency—exclusive power6. Counterfeiting punishments7. Establish Post Office8. Copyrights and patents9. Establish federal court system10. Piracy11. Declare war12. Army13. Navy14. Rules for Armed Forces15. Militia16. The National Guard17. Nation’s Capital18. Elastic Clause

Powers Denied to the Federal Government

1. Slave Trade

2. Habeas Corpus

3. Bills of Attainder

4. Direct Taxes

5. Tax on Exports

6. Uniformity of Treatment

7. Appropriation Law

8. Titles of Nobility

Article I

Powers Denied to the States

1. Limitations on Power • Foreign affairs• War• Control of Interstate or foreign commerce

2. Export and Import Taxes

3. Duties, Armed Forces, War

Article 2The Executive Branch

President Barack Obama & Vice-President Joe Biden

Article 2The Executive Branch

Term of Office – 4 yearsQualifications:

– 35 years old– Resident of the U.S. for 14 years– Citizen by birth

Elections– First Tuesday following the first Monday in November

Electoral College– Monday after the second Wednesday in December– Number of Electors shall equal the total number of

Representatives and Senators for each state– 270 electoral votes is the magic number

Article 2The Executive Branch

Article 2The Electoral College Fun Facts

1. On four occasions, the winner of the popular vote did not capture the presidency. • In 1824, Andrew Jackson received the most popular votes,

but with no man winning a majority of electoral votes, the House of Representatives chose John Quincy Adams to be President.

• In 1876 Samuel Tilden earned a majority of popular votes, but Rutherford B. Hayes won by a single electoral vote.

• Twelve years later, Benjamin Harrison defeated incumbent Grover Cleveland handily in the Electoral College although garnering fewer popular votes.

• In 2000, George W. Bush captured more electoral votes while earning 500,000 fewer popular votes than Al Gore.

Article 2The Electoral College Fun Facts

2. Electors voted for a dead man.On Election Day in 1872, Horace Greeley received 66 electoral votes in a landslide loss to incumbent Ulysses S. Grant. Before electors could meet, however, Greeley passed away. He still received 3 electoral votes from Georgia.

3. Two states do not have winner-take-all systems. Nebraska and Maine

Article 2The Electoral College Fun Facts

4. On rare occasions, electors do not vote as pledged.The Constitution and federal law do not require electors to abide by the results of the popular vote in their states.

5. More Constitutional amendments have been proposed to reform or eliminate the Electoral College than on any other subject.There have been over 700 proposals introduced in Congress to reform or eliminate the Electoral College.

Article 2The Electoral College Fun Facts

6. A similar electoral college was previously used by the Holy Roman Empire.From the Middle Ages until 1792, leaders of the Holy Roman Empire were elected by a college of prince-electors from various German states.

7. Electors are prohibited from meeting in one central location. To minimize the chances of corruption, bribery and backroom deals, electors are prohibited from gathering in one central location to cast their ballots. Thus, electors meet in individual state capitals to vote.

Article 2The Electoral College Fun Facts

8. Members of Congress and federal employees are not allowed to be electors.The states determine how to choose electors, the Constitution states that “no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

9. The words “Electoral College” do not appear in the Constitution.Article II and the Twelfth Amendment solely refer to “electors.” The phrase “Electoral College” did not appear in federal law until 1845

Article 2The President’s Cabinet

In case of vacancy—the order of becoming President1. Vice-President becomes President2. New Vice-President nominated by President and confirmed by Congress3. Speaker of the House 4. President pro tempore of the Senate 5. Secretary of State 6. Secretary of the Treasury 7. Secretary of Defense 8. Attorney General9. Secretary of the Interior10. Secretary of Agriculture11. Secretary of Commerce12. Secretary of Labor13. Secretary of Health and Human Services14. Secretary of Housing and Urban Development15. Secretary of Transportation16. Secretary of Energy17. Secretary of Education18. Secretary of Veterans Affairs19. Secretary of Homeland Security

Article 2The Executive Branch

• Powers of the President– Military, Cabinet, Pardons– Treaties and Appointments– Vacancies in Offices

• Duties– State of the Union message– Call Congress into special session– Receive or withdraw foreign diplomats– Recognize foreign governments

• Can be impeached for:– Treason - High Crimes– Bribery - Misdemeanors

• Two Presidents have gone through the impeachment process; both were acquitted– Andrew Johnson– Bill Clinton

Article 3The Judicial Branch

Article 3The Judicial Branch

• Constitution created the Supreme Court• Congress was responsible for the set up of

the federal court • 9 Justices

– Appointed by President– No set qualifications– Serve for life

• Chief Justice– John G. Roberts Jr.

Article 3The Judicial Branch

Judiciary Act of 1789• Passed in the first ever session of Congress • Established the framework for the Supreme Court

– Original--6 justices; today—9 justices including a chief justice

• Established District courts– Trial court– Currently 94 district courts

• Established Circuit courts– Appeals court– Currently 12 regional courts

• Set up the Attorney General’s office– Legal adviser to the government

Article 3The Judicial Branch

• District Courts– Lowest level of the federal court system– Original jurisdiction – authority to hear cases for

the first time– Federal district courts - jury trials– Each district is a geographic area

• District Court Judges– Each district has at least two– Appointed by the President—life term

• Decides procedures to be followed• Decide on punishment/fine when the jury finds a defendant

guilty

Article 3The Judicial Branch

• Circuit Courts– Also called federal appeals courts– Jurisdiction – appellate jurisdiction

• Hear only cases which have gone to district courts or through federal regulatory agencies

• Created to ease the work of the Supreme Court• There are 12 circuits or geographic areas

• Appeals Court Judges– Appointed by President—life term– 6 to 27 per court– No jury trial – only a panel of three judges hear arguments

and review cases

Article 3The Judicial Branch

• Rulings (Circuit Court)– Three types of rulings

• Uphold the lower courts verdict• Remand (return) the case for a new trial• Overturn the decision

– Appeals courts’ decision is usually final– Very few cases reach the Supreme Court

Article 3The Judicial Branch

• Criminal and Civil Cases– Criminal cases – cases in which juries decide

whether people have committed a crime.– Civil cases – cases in which two sides

disagree over some issue

Judge Judy is an example of civil case law—usually winning side gets an amount of money.

A suspect actually breaks the law and must be found guilty in a trial by jury. Misdemeanor = 1 year or less prisonFelony = more than 1 year of prison

Article 3The Judicial Branch

• Original Jurisdiction– Preside over trials in

cases that involve diplomats from foreign countries

– Preside over trials where states sue each other

• Appellate Jurisdiction • Of over 6,000 appealed

cases, around 150 are heard– Pose significant legal or

constitutional questions– Of great public interest or

concern

Current Supreme Court will hear Same-Sex Marriage debate.

The Supreme Court Powers

Article 3The Judicial Branch

Judicial Review• One of the most important powers of the

Supreme Court• If a law is in conflict it will be found

unconstitutional and be nullified• The Supreme Court is the final authority

on the Constitution

The Supreme Court Powers

Article 3The Judicial Branch

• Except in cases of impeachment, anyone accused of a crime has the right to trial by jury.

• Trials are held in state where crime was committed.

• Treason– Levying war against U.S.– Giving aid and comfort to the Enemy

• Cannot be convicted unless TWO witnesses testify or confession in open Court

• Congress determines the punishment

Article 4Relations Among the States

• Each state recognizes laws, court decisions, and records of all other states

• Extradition• Congress has the power to admit new

states• Congress has power over federal land• Federal government may send troops to

guarantee law and order in any state

Article 5Amending Process

• Two methods– Two-thirds majority in Congress to propose an

amendment and three-fourths of the states (38) to accept it

– National convention called by the states

Article 6National Supremacy

• All debts incurred during the Revolution and under the Articles of Confederation would by honored

• Supreme law of the land when in conflict with state laws

• Oath of office– No religious test required

Article 7Ratification

• Required only nine of the thirteen states for ratification

• 39 of the 55 delegates signed the Constitution

• Went into effect in June 1788

Salaries– President  

• 1789 --$25,000 • 1873 --$50,000 • 1909--$75,000 • 1949 --$100,000 • 1969--$200,000• 2001 --$400,000

– Vice President• $230,700

– Senator• $174,000

– Representative• $174,000

– Majority/Minority Leader• $193,400

– Speaker of the House• $223,500

– Chief Justice, Supreme Court• $223,500