Notes
Slide Show
Outline
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The United States Constitution
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Introduction to the U.S. Constitution
  • Written in Philadelphia
  • Original intent was to revise the Articles of Confederation
  • James Madison was the “Father” of the Constitution
  • 39 men signed it on September 15, 1787
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The Preamble
The Introduction to the Constitution
  • Two main questions found in the Preamble – and their answers:
  • 1.  Why they are writing it?
  • (to form a more perfect union)
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"How the Constitution is divided"
  • How the Constitution is divided:
  • 1.  Articles - the major divisions
  • 2.  Sections - divisions of an article
  • 3.  Clauses - divisions of a section
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Article I – The Legislative Branch
  • Section One: What is a Congress?
  • Bicameral Legislature: There are two houses, a Senate and House of Representatives.
  • Section Two: House of Representatives
  • Clause One: A Representative serves a two year term
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Reapportionment – How it Works
  • Take a census every ten years
  • Congress totals the number of Reps. each state will get (that total must equal 435)
  • Congress will notify the state legislatures of any changes
  • State legislatures will determine new district boundaries
          • 5. New districts will allow for new elections for the House of Reps
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House Officers
  • Speaker of the House - Controls the discussion on the floor
  • Majority Leader - Helps the speaker & leads his/her party
  • Majority Whip - Helps majority leader
  • Minority Leader - Serves as a watchdog over the majority party
        • Minority Whip - Helps minority leader
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Section Three - The Senate
  • Clause One - How is a Senator different from a member of the House of Representatives?
    • Senators term is 6 years
    • 2 Senators per state (all states get the same amount)
    • Originally Senators were chosen by state legislatures
          • Today, chosen by direct election (17th Amendment)
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Section Four - When Does Congress Meet in Washington, D.C.?
  • Clause one - When are the national elections held?
    • At one time federal elections were not uniform. Some states held them on different days and months.
      • National Election Day was set by Congress in a federal law passed in 1845 - the 1st Tuesday after the first Monday of November in even numbered years
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Section Five – Rules of Procedures
  • Clause One - Can an elected official be removed from office? (Yes)
    • Each House determines the qualifications of their members
    • Brigham Roberts—1901, polygamist from Utah,  The Senate refused to seat him
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Section Six—Privileges and Restrictions
  • Clause One - What is the salary and benefits for a member of Congress?
    • Compensation—members of Congress decide how much they will be paid (currently, about $170,000 per year)
    • Congressional immunity - can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity)
        • Slander/libel—saying/writing something that is not true, they can do this in the House and Senate (so that speech is not limited or censored)
          • Franking privilege—free mail service to constituents
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Section 7 – Method of Passing Bills
  • Clause One - Where do tax bills start?


      • All tax bills start in the House.
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Section Eight
Powers Delegated to Congress
  • Clause One - Why can Congress collect taxes?
    • Congress can collect taxes for three purposes:
        • Pay off debts
        • Provide defense
        • Provide for the common welfare
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Section Nine – Powers Denied to the Federal Government
  • Clause One - What about the issues of slavery?
    • Congress stopped the importation of slaves in 1808
    • Use the word “such persons” as opposed to “slaves”
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Section Ten – 0 Powers Denied to the States
  • Clause One - Can Minnesota create an alliance with Canada? (No)
    • States cannot form treaties or alliances with any other states or countries
    • States cannot coin money
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Article II—Executive Branch
  • Section One—President & Vice President
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Section Two Powers of the President
  • Clause One—What are the Military Powers?
    • President is the head of the military - Commander in Chief
    • President can grant pardons to criminals who have committed federal crimes
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Section Three 
What are the Duties of the President?
  • State of the Union Address - The President explains the condition of the country - usually in January
  • President can convene and adjourn Congress in the event of a special circumstance
        • Main job is to see that the laws are faithfully executed
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Section Four - Impeachment
  •   President, Vice President, and all civil officers can be impeached
  •   Can only be impeached for three things: treason, bribery, or other high crimes and misdemeanors.
  •   Judges are civil officers that are the most often convicted of impeachment
        •   Members of the Congress may be expelled by their own house, they do not go through the formal impeachment process
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Article III—Judicial Branch
Section One—Federal Courts
  • Clause One - Who interprets the law?
  • Judicial branch interprets the law (Courts)
      • Legislative makes the law (Congress)
      • Executive enforces the law (President)
      • Judicial powers—the power to hear cases
      • Federal judges are appointed by the President and approved by the Senate
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Section Two – Jurisdiction of the Federal Courts
  • Clause One—Jurisdiction
    • Jurisdiction—power and right to apply law
    • Plaintiff—one who brings charges
    • Defendant—one being charged
    • Criminal case—when government is plaintiff (California vs. O.J. Simpson)
    • Civil case—between two or more people   (O. J. Simpson vs. Goldman family)


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Section Three--Treason
  • Clause One - What is treason?
  • Only crime defined in the Constitution (helping a nation’s enemies or carrying out war against your country)
    • 2 ways of being convicted:
    • 1.  Confession in court room
    • 2.  Having two witnesses testify against you
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Article IV—Relations Among the States
Section One—Official Acts
  • Clause One - I live in Missouri, do I have to follow the rules of Kansas when I visit friends in Overland Park? (Yes - full faith and credit)
    • Each state shall respect legal action of another state (marriage licenses, speed limits, fines, drivers license)
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Section Two—Privileges of Citizens
  • Clause One - Can I buy a lake home in Minnesota if I live in Missouri? (Yes)
    • State cannot discriminate against you because you are a citizen of another state
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Section Three—New States
  • Clause One - How does a state become admitted to the Union?
    • Only Congress can admit states
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Section Four - Guarantees of the State
  •   The federal government guarantees each state a republic
  • Republic—Representative democracy where we elect officials to represent our concerns
  • The government will protect us from invasions
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Article V
Methods of Amendments
  • 1st Method - need 2/3 of Congress to PROPOSE an Amendment
  • 2nd Method - need 2/3 of the state legislatures to ask Congress for a national convention to propose an Amendment (this method has never been used)
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Article VI—General Provisions
  • Section One - Could the new government evade debts owed as a result of the Revolutionary War?
  •   New government can’t evade old debts
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Article Seven--Ratification
  • Section One—
    •   Convention—calling of delegates from each state to ratify the Constitution
    •   Must have nine states to approve the Constitution
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CLOSURE
  • Constitution was finished September 17, 1787
  • 55 total delegates during the convention
  • 42 were present on the final day but only
  • 39 people signed the Constitution
  • The following two years provided debate for ratification
  • The United States Constitution took effect April 30 , 1789 when George Washington was sworn in as President