|
1
|
|
|
2
|
- 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
|
|
3
|
|
|
4
|
- Two main questions found in the Preamble – and their answers:
- 1. Why they are writing it?
- (to form a more perfect union)
|
|
5
|
|
|
6
|
- How the Constitution is divided:
- 1. Articles - the major
divisions
- 2. Sections - divisions of an
article
- 3. Clauses - divisions of a
section
|
|
7
|
- 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
|
|
8
|
|
|
9
|
|
|
10
|
|
|
11
|
- 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
|
|
12
|
|
|
13
|
|
|
14
|
|
|
15
|
|
|
16
|
|
|
17
|
|
|
18
|
|
|
19
|
|
|
20
|
|
|
21
|
- 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
|
|
22
|
- 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)
|
|
23
|
|
|
24
|
|
|
25
|
|
|
26
|
|
|
27
|
|
|
28
|
- 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
|
|
29
|
|
|
30
|
- 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
|
|
31
|
|
|
32
|
|
|
33
|
|
|
34
|
|
|
35
|
- 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
|
|
36
|
|
|
37
|
|
|
38
|
- Clause One - Where do tax bills start?
- All tax bills start in the House.
|
|
39
|
|
|
40
|
|
|
41
|
|
|
42
|
|
|
43
|
|
|
44
|
- Clause One - Why can Congress collect taxes?
- Congress can collect taxes for three purposes:
- Pay off debts
- Provide defense
- Provide for the common welfare
|
|
45
|
|
|
46
|
|
|
47
|
|
|
48
|
|
|
49
|
|
|
50
|
|
|
51
|
|
|
52
|
|
|
53
|
|
|
54
|
|
|
55
|
- 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”
|
|
56
|
|
|
57
|
|
|
58
|
|
|
59
|
|
|
60
|
- 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
|
|
61
|
|
|
62
|
- Section One—President & Vice President
|
|
63
|
|
|
64
|
|
|
65
|
|
|
66
|
|
|
67
|
|
|
68
|
|
|
69
|
|
|
70
|
- 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
|
|
71
|
|
|
72
|
- 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
|
|
73
|
- 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
|
|
74
|
- 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
|
|
75
|
|
|
76
|
- 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)
|
|
77
|
|
|
78
|
|
|
79
|
- 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
|
|
80
|
|
|
81
|
- 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)
|
|
82
|
- 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
|
|
83
|
|
|
84
|
- Clause One - How does a state become admitted to the Union?
- Only Congress can admit states
|
|
85
|
- 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
|
|
86
|
- 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)
|
|
87
|
|
|
88
|
- Section One - Could the new government evade debts owed as a result of
the Revolutionary War?
- New government can’t evade old
debts
|
|
89
|
|
|
90
|
- Section One—
- Convention—calling of delegates
from each state to ratify the Constitution
- Must have nine states to
approve the Constitution
|
|
91
|
- 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
|