United States ConstitutionUnited States ConstitutionMary Sue RutledgeMary Sue Rutledge

Father of the United States ConstitutionFather of the United States Constitution

James MadisonJames Madison – Virginia– Virginia

United States United States ConstitutionConstitution

• PreamblePreamble (States the goals of the

Constitution)

• Seven ArticlesSeven Articles:: Establish how the government is structured and how the Constitution can be changed.

• 27 Amendments27 Amendments (Changes)

PreamblePreambleWe the PeopleWe the People of the United States,

in order to form a more perfect Unionform a more perfect Union,,

establish Justiceestablish Justice,,

insure domestic Tranquilityinsure domestic Tranquility,,

provide for the common Defenseprovide for the common Defense, ,

promote the General Welfarepromote the General Welfare,,

and and secure the Blessings of Liberty to secure the Blessings of Liberty to Ourselves and our PosterityOurselves and our Posterity,

do ordain and establish this Constitution for the United States of America.

PreamblePreamble

1.1. The PreambleThe Preamble explains the explains the goals for the new government.goals for the new government.

2.2. ““We the People”We the People” means themeans the U.S.U.S. Constitution based it Constitution based it authority on the people.authority on the people.

3.3. Popular sovereigntyPopular sovereignty means means authority of government comes authority of government comes from the people. from the people. ((VotingVoting))

Six Goals of the Constitution which are Six Goals of the Constitution which are stated in the Preamblestated in the Preamble

1. “1. “form a more perfect Unionform a more perfect Union””

People working together for the People working together for the better good of the Nation.better good of the Nation.

Six Goals of the Constitution which are stated in the Preamble

2.2. ““establish Justiceestablish Justice””Ruled by laws, not by soldiers or a

King.

Six Goals of the Constitution which are stated in the PreambleSix Goals of the Constitution which are stated in the Preamble

3. “3. “insure domestic Tranquilityinsure domestic Tranquility””

Peace and order.Peace and order.

Six Goals of the Constitution which are stated in the PreambleSix Goals of the Constitution which are stated in the Preamble

4.4. ““provide for common defenseprovide for common defense””Protecting Americans from foreign invaders.Protecting Americans from foreign invaders.

Six Goals of the Constitution which are stated in the Preamble

5. “5. “promote the general Welfarepromote the general Welfare””Support an economy and society in

which people could prosper.

Six Goals of the Constitution which are stated in the PreambleSix Goals of the Constitution which are stated in the Preamble

6. “6. “secure the Blessings of Liberty to secure the Blessings of Liberty to ourselves and our Posterityourselves and our Posterity””

Americans enjoy freedom now and for future Americans enjoy freedom now and for future generations.generations.

Three Branches of Three Branches of GovernmentGovernment

ARTICLE IARTICLE I

LEGISLATIVE BRANCHOF

GOVERNMENT(Make laws for our country)

Legislative BranchLegislative Branch

The Power of the Legislative Branch of The Power of the Legislative Branch of government is to government is to make laws make laws for our country. for our country.

CongressCongress – 2 Houses – 2 Houses (Bicameral)(Bicameral)

House of Representatives and SenateHouse of Representatives and Senate

The number of The number of representativesrepresentatives each state has each state has was determined in the was determined in the Great CompromiseGreat Compromise..

House of Representatives - House of Representatives - 435435 MembersMembers

Representation based on population.• 2 year term• 25 years old.• U.S. citizen for 7 years.• Live in the state from which elected.

House of RepresentativesHouse of RepresentativesSpeaker of the House of Speaker of the House of

RepresentativesRepresentatives ––

Leader from the Leader from the majoritymajority party. party. John Boehner – – RepublicanRepublican from Ohio. from Ohio.

Senate - Senate - 100100 members members

Equal Equal representation for representation for eacheach state. state.

• Each state has Each state has 2.2.• 66 year term year term• 3030 years old.years old.• U.S. citizen for U.S. citizen for 9 yrs9 yrs..• Live in Live in statestate from from

which elected.which elected.

SenateSenatePresident of the Senate is the President of the Senate is the Vice-PresidentVice-President..

If there is a tie vote in the Senate, he If there is a tie vote in the Senate, he can votecan vote to to break the tie vote.break the tie vote.

Joe BidenJoe Biden – is the Vice-President of the United – is the Vice-President of the United States.States.

SenateSenatePresident Pro-TemporePresident Pro-Tempore

The senator who presides over the U.S. Senate in The senator who presides over the U.S. Senate in the the absenceabsence of the Vice President. of the Vice President.

President President pro temporepro tempore is the is the most senior senator most senior senator in the in the

majority party.majority party. Robert ByrdDemocrat from West Virginia

Legislative PowersLegislative Powers - - Make lawsMake laws

Legislative Power –Legislative Power – Override President’s Veto.Override President’s Veto.

• Bill returns toBill returns to CongressCongress in the in the house where it originated.house where it originated.

• Congress Congress reconsidersreconsiders the bill. the bill.• Both houses of CongressBoth houses of Congress,, House House

of Representatives and Senate, must of Representatives and Senate, must have have a a 2/3 majority2/3 majority of its members of its members in favor of bill to in favor of bill to overrideoverride the the President’s veto.President’s veto.

Legislative Branch

Any bill forAny bill for raising or spending money (such as taxes or fees) must

start in the House of Representatives.

Legislative BranchLegislative BranchElastic Clause – allows the– allows the legislative branch to pass any law necessary for the to pass any law necessary for the

carrying out of the previously listed carrying out of the previously listed powers.powers.

Legislative BranchLegislative Branch Senator Biden ANDSenator Biden AND Vice- Vice-

President BidenPresident Biden

NOTNOT

Members of Congress cannot hold any other office in the government while in the

Congress.

What is your thinking? What is your thinking? 2/02/20112/02/2011

1.1. Explain: Explain: Why do you think it is Why do you think it is important for the president and important for the president and Congress to work well togetherCongress to work well together??

Legislative Power – Levy TaxesLegislative Power – Levy Taxes

Legislative PowerLegislative PowerRaise and maintain militaryRaise and maintain military

Legislative PowersLegislative PowersRegulates immigration and Regulates immigration and

naturalizationnaturalization

Legislative Power - Coin Legislative Power - Coin MoneyMoney

Legislative Power – Postal Legislative Power – Postal ServiceService

Legislative Power – Regulate TradeLegislative Power – Regulate TradeRegulate trade between the states.Regulate trade between the states.

Legislative Power – Legislative Power – Regulate Foreign TradeRegulate Foreign Trade

Regulate trade between U. S. and foreign Regulate trade between U. S. and foreign countries.countries.

Legislative Power – Establish Courts

Legislative Power – Declare Legislative Power – Declare WarWar

Legislative BranchLegislative BranchImpeachment PowerImpeachment Power

ImpeachmentImpeachment

Charge an official of government with Charge an official of government with high crimes and misdemeanors.high crimes and misdemeanors.

High crimes areHigh crimes are treason treason andand bribery bribery..

The words of high crimes and The words of high crimes and misdemeanors are open to a wide misdemeanors are open to a wide

interpretation.interpretation.

Impeachment Process11stst the House of Representatives acts

as the prosecutor, which brings the charges against the individuals.

House of Representatives votes to House of Representatives votes to impeach impeach President Andrew Johnson in in

1868.1868.

Impeachment ProcessImpeachment Process22ndnd - The Senate serves as the judge and

jurors at the impeachment trial. The Chief Justice of the Supreme Court presides over the proceedings.

Impeachment trial in the U.S. Senate forImpeachment trial in the U.S. Senate for President President BillBill Clinton.Clinton. Chief Justice Rehnquist presiding in Chief Justice Rehnquist presiding in 19991999..

Impeachment ProcessImpeachment Process

•It takes It takes two-thirdstwo-thirds of the of the Senate Senate (67(67 senators)senators) to to convictconvict one of impeachment. one of impeachment.

•The The resultsresults of conviction of of conviction of impeachment is impeachment is removal removal fromfrom officeoffice..

ARTICLE IIARTICLE II

EXECUTIVE BRANCHOF

GOVERNMENT(Enforces federal laws)

Executive BranchExecutive BranchPresident is Executive Officer

President’s CabinetFederal Law Enforcement Agencies.

Executive BranchPresident is the Chief Executive

Officer

Barack Obama

Qualifications for PresidentQualifications for President• Natural born citizen• 35 years of age• Resident of U. S. for 14 years.• Term in office is 4 years.• Can serve 2 terms. (1945)

Only one president was elected for more than 2 terms,

Franklin Roosevelt was elected to 4 terms as president.

Election of the President & Vice Election of the President & Vice PresidentPresident

• Elected by the Elected by the Electoral CollegeElectoral College..• Each state’s number of electors is Each state’s number of electors is

determined by the number of determined by the number of House of House of RepresentativeRepresentative members and 2 members and 2 SenatorsSenators..

• Must receive Must receive majority majority of electoral votes. of electoral votes. (270)(270)

• If not, If not, House of RepresentativesHouse of Representatives votes. votes.

See list of Executive Powers

Executive Branch - PowersExecutive Branch - PowersThe President serves as the The President serves as the American Head of American Head of StateState, meaning that he meets with the leaders , meaning that he meets with the leaders of other countries and can of other countries and can make treatiesmake treaties with with

them.them.

However, the However, the SenateSenate must approve any treaty must approve any treaty before it becomes official.before it becomes official.

Executive Branch - PowerExecutive Branch - PowerCommander-In-Chief of the Armed ForcesCommander-In-Chief of the Armed Forces

AppointAppoint federal judges, Supreme Court Judges, federal judges, Supreme Court Judges, and ambassadors to other countries.and ambassadors to other countries.

Presidential appointments must be Presidential appointments must be approvedapproved by by 2/3 majority of the U. S. Senate. (67)2/3 majority of the U. S. Senate. (67)

Executive - PowerExecutive - Power

Executive PowerExecutive Power

President can President can VETOVETO ( (to refuse to to refuse to approveapprove) a bill, therefore it can ) a bill, therefore it can

not become a not become a LAWLAW!!

Executive Power - PardonExecutive Power - PardonPardonPardon -the forgiveness of a federal -the forgiveness of a federal crime and the penalty associated with crime and the penalty associated with

it.it.

Executive BranchExecutive BranchPresident’s Cabinet

• Vice-President – Joe Biden• 15 Executive Branch Department

Heads (Secretaries)Executive Branch Department Secretaries are appointed by the

President, but must be approved by the Senate with a majority vote (51).

They serve as long as the president serves.

President’s CabinetPresident’s Cabinet• Secretary of StateSecretary of State

Department of State (1789): (1789):Works with other countries.Works with other countries.

• Secretary of the TreasurySecretary of the TreasuryDepartment of the Treasury (1789): (1789):Supervises the collection of taxes and the Supervises the collection of taxes and the printing of money.printing of money.

• Secretary of DefenseSecretary of DefenseDepartment of Defense (1947): (1947):Oversees the armed forces.Oversees the armed forces.

President’s CabinetPresident’s Cabinet

• Attorney GeneralDepartment of Justice (1870):Enforces the U.S. Government's laws.

• Secretary of the InteriorDepartment of the Interior (1849):Protects natural resources and wildlife.

• Secretary of AgricultureDepartment of Agriculture (1862):Ensures a healthy food supply and provides support for farmers.

President’s CabinetPresident’s Cabinet

• Secretary of Commerce Department of Commerce (1903):Promotes business and job opportunities for all Americans, responsible for all copyrights, patents, and trademarks; and oversees matters related to oceans, weather, and technology.

• Secretary of LaborDepartment of Labor (1913):Oversees the interests of U.S. workers.

• Secretary of Health & Human Services Department of Health and Human Services (1953):Looks after people's health and provides services including conducting medical research, preventing diseases, assuring the safety of food and drugs; providing financial assistance for low income families.

President’s CabinetPresident’s Cabinet• Secretary of Housing & DevelopmentSecretary of Housing & Development

Department of Housing and Urban Development (1965): (1965):Oversees housing needs, and focuses on Oversees housing needs, and focuses on improving and developing communitiesimproving and developing communities

• ..Secretary of TransportationSecretary of TransportationDepartment of Transportation (1966): (1966):Oversees the nation's transportation system Oversees the nation's transportation system including highways, railroads, ports, and air including highways, railroads, ports, and air travel.travel.

• Secretary of EnergySecretary of EnergyDepartment of Energy (1977): (1977):Researches and develops energy systems that Researches and develops energy systems that are friendly to the environment, but are not are friendly to the environment, but are not too expensive.too expensive.

President’s CabinetPresident’s Cabinet• Secretary of EducationSecretary of Education

Department of Education (1979): (1979):Establishes guidelines and provides Establishes guidelines and provides leadership to address American education. It leadership to address American education. It helps local communities meet the needs of helps local communities meet the needs of their students.their students.

• Secretary of Veterans AffairsSecretary of Veterans Affairs Department of Veterans Affairs (1988): (1988):Operates programs for veterans and their Operates programs for veterans and their families. families.

• Secretary of Homeland SecuritySecretary of Homeland SecurityDepartment of Homeland Security (2003): (2003):Works to prevent terrorist attacks within the Works to prevent terrorist attacks within the United States, reduce America's vulnerability United States, reduce America's vulnerability to terrorism, and minimize the damage from to terrorism, and minimize the damage from potential attacks and natural disasterspotential attacks and natural disasters

Presidential SuccessionPresidential Succession (1947) (1947)

11stst - -Vice-PresidentVice-President22ndnd - -SpeakerSpeaker of the House of of the House of

RepresentativesRepresentatives

33rdrd - President - President Pro-Tempore of Pro-Tempore of SenateSenate

44thth - Secretary of - Secretary of StateState

55thth - Secretary of - Secretary of TreasuryTreasury

ARTICLE IIIARTICLE III

JUDICIAL BRANCHOF

GOVERNMENT(Establish federal courts

system to interpret the law)

United States Supreme Court United States Supreme Court BuildingBuilding

Power of Judicial ReviewPower of Judicial Review

If a citizenIf a citizen suessues, that a law is , that a law is unconstitutional, the Federal courts unconstitutional, the Federal courts

have the power to decide:have the power to decide:

• Meaning of the Meaning of the lawslaws..• HowHow lawslaws are applied. are applied.• Whether Whether lawslaws break the laws of the break the laws of the

U. S. ConstitutionU. S. Constitution..

Federal CourtsFederal CourtsAlso deal with issues of rights of Also deal with issues of rights of

citizenscitizens..

Judicial BranchJudicial BranchArticle III gives Article III gives final powerfinal power to decide to decide

legal questions to the legal questions to the SUPREME COURT..

99 Justices with Justices with oneone the Chief Justice. the Chief Justice.

United StatesUnited States Supreme Supreme CourtCourt

Qualifications:Qualifications: Not listedNot listed in Constitution, in Constitution,but most have been successful but most have been successful judgesjudges in lower in lower

courts.courts.

• AppointedAppointed by the President by the President of the United of the United States.States.

• Appointment must beAppointment must be APPROVEDAPPROVED by the U.Sby the U.S. . Senate Senate with 2/3 vote (67).with 2/3 vote (67).• Serves for Serves for lifelife.. • Can be Can be impeachedimpeached, , but none havebut none have..

Cases Brought Before the Supreme Cases Brought Before the Supreme CourtCourt

• Only cases involving Only cases involving federal or federal or Constitutional lawConstitutional law which originated in which originated in lowerlower courts. courts.

• only only 80 to 10080 to 100 cases are heard each year. cases are heard each year. • Original jurisdictionOriginal jurisdiction - Cases start at - Cases start at Supreme Court, such as cases dealing with Supreme Court, such as cases dealing with

ambassadorsambassadors, , and and other foreign other foreign officialsofficials, and cases involve , and cases involve state vs. state.state vs. state.

NEW YORK VS. NEW JERSEY 1998 -1999NEW YORK VS. NEW JERSEY 1998 -1999

Who owned Ellis Island?Who owned Ellis Island?

New JerseyNew Jersey

Article IIIArticle IIICitizens are entitled to a Citizens are entitled to a trial by jurytrial by jury

of his/her peers.of his/her peers.

Article IIIArticle IIITrialTrial in the state where the crime in the state where the crime

happenedhappened..

Article IIIArticle IIIDefines Defines Treason Treason as the levying of war as the levying of war

against the United States; helping against the United States; helping the enemy by giving aid and the enemy by giving aid and

comfort. comfort. Punishment: DEATH

These citizens were found guilty of treason and of killing President Abraham Lincoln.

Executive Checks on Judiciary

President appoints federal judges..

President may pardon federal offenders.

Legislative Branch Congress

Judicial BranchSupreme Courts

& other federal courts.

Executive BranchPresident

Checks and Balances in the Federal government

Judicial Checks on Legislative BranchSupreme Court may declare laws passed by

Congress unconstitutional.

Congressional Checks on JudiciarySenate approves Supreme Court appointments.Congress sets judges salaries.Congress may impeach and remove federal judges.

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Judicial Checks on Executive B

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Executive Checks on Judiciary

President appoints federal judges..

President may pardon federal offenders.

Judicial Checks on Executive B

ranch

Supreme C

ourt may rule executive action

unconstitutional.

Legislative Branch Congress

Judicial BranchSupreme Courts

& other federal courts.

Executive BranchPresident

Checks and Balances in the Federal government

Judicial Checks on Legislative BranchSupreme Court may declare laws passed by

Congress unconstitutional.

Congressional Checks on JudiciarySenate approves Supreme Court appointments.Congress sets judges salaries.Congress may impeach and remove federal judges.

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Executive Checks on Judiciary

President appoints federal judges..

President may pardon federal offenders.

Legislative Branch Congress

Judicial BranchSupreme Courts

& other federal courts.

Executive BranchPresident

Checks and Balances in the Federal government

Judicial Checks on Legislative BranchSupreme Court may declare laws passed by

Congress unconstitutional.

Congressional Checks on JudiciarySenate approves Supreme Court appointments.Congress sets judges salaries.Congress may impeach and remove federal judges.

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Judicial Checks on Executive B

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Executive Checks on Judiciary

President appoints federal judges..

President may pardon federal offenders.

Judicial Checks on Executive B

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Legislative Branch Congress

Judicial BranchSupreme Courts

& other federal courts.

Executive BranchPresident

Checks and Balances in the Federal government

Judicial Checks on Legislative BranchSupreme Court may declare laws passed by

Congress unconstitutional.

Congressional Checks on JudiciarySenate approves Supreme Court appointments.Congress sets judges salaries.Congress may impeach and remove federal judges.

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Congress (Legislative)(passes a bill) (your bill)

President (Executive)(Veto) Explain how checks and balances

Congress(Overrides veto)

Citizen sues Must lose in lower state Court

Federal Court (Judicial)(rules if the law is constitutionalor unconstitutional ) Judicial Review

ORQ: Checks and Balances1. Legislative Branch makes the laws.

2. Executive Branch enforces the laws.

3. Judicial Branch interprets the laws.

The President of the United States (Executive Branch)

appoints John Smith to the Supreme court (Judicial Branch).

This is how the Executive branch checks the powers of the

Judicial branch. 69 U.S. senators (Legislative branch) can

approve or deny the Nomination. They approve. This is how the

Legislative branch checks the powers of the Executive branch.

John Smith becomes a Supreme Court Justice, he will help

the court decide if laws are Constitutional or not (Judicial

Review). This is how the Judicial branch checks the powers of

the Legislative and Executive branch.

ORQ: Canadian Beef scenario-The United States Ambassador (Executive Branch) negotiated a

trade agreement with Canada.

-The Senate (Legislative Branch) approves the treaty with 2/3

vote. This is how the Legislative branch checks the power of the

Executive branch

-The President signs the treaty passed by the Senate. This is

how the Executive branch checks the power of the Legislature.

-The NFB sues the U.S. Government.

-The Supreme Court (Judicial Branch) uses its power of Judicial

review to determine if the treaty was constitutional or unconstitutional.

This is how the Judicial branch checks the powers of the

Legislative and Executive branches.

ARTICLE IV – The States

• Defines the relationship between the states.

• Defines the relationship between the states and the federal

government.

Article IV – The StatesArticle IV – The StatesAll states will honor the All states will honor the laws laws of all other of all other

statesstates.. Examples:Examples:

• A married couple in Florida is also A married couple in Florida is also considered married by Kentucky.considered married by Kentucky.

• Someone convicted of a crime in Virginia Someone convicted of a crime in Virginia is considered guilty by Maryland.is considered guilty by Maryland.

Article IV – The StatesArticle IV – The StatesCitizens of one state be treated equally and fairly like all citizens

of another.

Article IV – The StatesArticle IV – The StatesIf a person accused of a If a person accused of a crimecrime in in one state flees to another, he/she one state flees to another, he/she

will be will be returnedreturned to the state to the state he/she fled.he/she fled.

Article IV – The StatesArticle IV – The States• Gives federal government right Gives federal government right toto

add statesadd states• State State boundary changeboundary change requires requires

consent of Congress.consent of Congress.

Article IV – The StatesArticle IV – The States• Federal government controls Federal government controls

federalfederal lands. lands.

Article IV – The StatesArticle IV – The States• Ensures a Ensures a republicanrepublican form of form of

government.government.

Government receives power from Government receives power from the people or representative the people or representative

democracy.democracy.

Article IV – The StatesGuarantees that the federal government will

protect the states against invasion and domestic violence.

911 Race Riots in 1960s

Article V – Amendment Process

The Amendment process is the only way

The United States Constitution can be

changed.

There are 27 amendments to the

Constitutions in over 10,000 attempts to

change it.

Only the states can ratify amendments to

the United States Constitution.

Article V – Changes in the ConstitutionArticle V – Changes in the Constitution

Article VI – Supreme LawArticle VI – Supreme LawSets the Constitution and all laws and treaties of the United States as the Supreme Law of the Country.

Article VI – Supreme LawArticle VI – Supreme LawAll officers of the U. S. and of the states are to All officers of the U. S. and of the states are to

swearswear an an oathoath of allegiance to the United of allegiance to the United States and the States and the Constitution Constitution when taking office.when taking office.

Article VII - RatificationArticle VII - Ratification

NineNine of the original 13 states in the of the original 13 states in the United States must ratify (approve) the United States must ratify (approve) the Constitution before it would officially go Constitution before it would officially go

into effect.into effect.

FederalismFederalism

Federal Powers – Delegated Federal Powers – Delegated PowersPowers

Federal government should Federal government should exercise its powers for the exercise its powers for the uniform and universaluniform and universal application for application for all Americansall Americans..

Federal Power – Delegated PowerFederal Power – Delegated Power

Coining moneyCoining money – uniform currency – uniform currency

for the country.for the country.

Federal Power – Delegated PowerFederal Power – Delegated Power

Declare WarDeclare War – unified – unified representation of the representation of the

government.government.World War IWorld War I

U. S. Congress declaring war on U. S. Congress declaring war on GermanyGermany

Federal Power – Delegated Federal Power – Delegated PowerPower

Set weights & measures – uniform weighs and measure guarantee fair

trade throughout the country.

Federal Power – Delegated Federal Power – Delegated PowerPower

Establish Postal ServiceEstablish Postal Service – – unified unified andand uniform communication system uniform communication system

throughout the country.throughout the country.

State Powers – Reserved Powers

State government should exercise its powers because of the more

immediate nature of issues (closer to the people).

State power – Reserved PowerState power – Reserved PowerEstablish local governmentEstablish local government - -

provide means for its people to provide means for its people to participate in government.participate in government.

State Power – Reserved State Power – Reserved PowerPower

Set up schoolsSet up schools – – meet the meet the educational needseducational needs of of itsits own own

childrenchildren..

State Power – Reserved PowerState Power – Reserved Power

Pass marriage and divorce lawsPass marriage and divorce laws - - decide what regulations should decide what regulations should

apply for its own families.apply for its own families.

State Power – Reserved PowerState Power – Reserved Power

Pass traffic and licensing lawsPass traffic and licensing laws – – decide what regulations should decide what regulations should apply for the highway safety of apply for the highway safety of its people.its people.

Shared Powers – Concurrent Shared Powers – Concurrent PowersPowers

The federal and state/local The federal and state/local governments share powers because governments share powers because

of the of the jointjoint responsibilityresponsibility to to provide for the provide for the generalgeneral welfarewelfare of of

all the people.all the people.

Shared Power –Shared Power – Concurrent PowerConcurrent Power

Levy TaxesLevy Taxes – Both need to collect – Both need to collect money to paid for federal and money to paid for federal and

state/local programs to help people.state/local programs to help people.

Shared Power – Concurrent PowerShared Power – Concurrent Power

Make and enforce lawsMake and enforce laws – Both have – Both have laws to which all people must laws to which all people must

accountableaccountable..

Shared Power – Concurrent Power

Maintain courts – Both provide a venue (place) for criminal and

civil grievances.