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Introduction to the U.S. Constitution Written in Philadelphia
Original intent was to revise the Articles
James Madison was the “Father” of the Constitution
39 men signed it in 1787
The Preamble—The Introduction to the Constitution Two main Questions found in the Preamble:
1. Why they are writing it?
(to form a more perfect union)
2. What are the goals to be reached?
(establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty)
Constitution
How the Constitution is divided:
1. Articles—the major divisions
2. Sections---divisions of an article
3. Clauses---divisions of a section
Article I---Legislative Branch Section One—What is a Congress?
1. Bicameral Legislature---There are two houses, a Senate and House of Representatives.
Section Two---House of Representatives
1. Clause One A Representative serves a two year
term
2. Clause Two---Qualifications for a member of the U.S. House of Representatives?
•25 years old
•7 year citizen of the United State
•Resident of the state one is elected in
3. Clause Three--Who determines the amount of
Representatives each state will receive?
(Congress)
Clause Three
Gerrymandering--Redrawing district lines
to favor a political party
One man – one vote (each district has to
have about the same number of people)
4. Clause Four-- What happens if a Representative dies in
office?
Usually a governor will issue an election to fill the
vacancy
5. Clause Five---Where does the impeachment process start?
The House of Reps. will start the impeachment process
Andrew Johnson---First U.S. President to be
impeached, but fell one vote shy of the Senate’s
conviction
Richard Nixon---Resigned before official impeachment
could take place
Bill Clinton---Impeachment articles were passed by the
U.S. House of Reps, but the Senate found him NOT
guilty of those articles
Speaker of the House - Controls the discussion of the floor
Majority Leader - Helps the speaker & leads his party
Majority Whip - Helps majority leader
Minority Leader - Serves as a watchdog over the majority party
Minority Whip—Helps minority leader
Section Three---The Senate1. Clause One - How is a Senator different from a
member of the House of Representatives?
Senators term is 6 years
1 vote per Senator
2 Senators per state (all states get the same amount)
Originally Senators were chosen by state legislatures
Today chosen by direct election (17th Amendment)
2. Clause Two--Is it possible for both Senators from one state to
be up for re-election at the same time? (No)
All of the members from the first Senate did not get a 6 year
term.
The founding fathers wanted the Senate to have experienced
members so they created a staggered election.
First class = 2 year term
Second class = 4 year term
Third class = 6 year term
Never will the Senators term from one state be up for re-
election at the same time
3. Clause Three - What are the qualifications for a
Senator?
30 years old
9 year citizen of the United States
Be a resident of the state you are elected from
4. Clause Four—
The Vice-President (Joe Biden) of the U.S. is the
President of the Senate (very little power and
seldom is seen on the Senate Floor )
President of the Senate (Biden) only votes if there is
a tie
5. Clause Five -Officers of the Senate - 114th Congress
President of the Pro Tempore (Pat LeahyOrrin
Hatch) - presides temporarily when vice-president is
not available (very little power)…most senior member
of majority party
Majority Leader (Harry ReidMitch McConnell) -
controls the agenda of the majority party
Majority Whip (John Cornyn) - helps the majority
leader
Minority Leader (Harry Reid) - A watchdog function
over the majority party
Minority Whip (Richard Durbin) - helps the minority
leader
6. Trial of Impeachments - Does the Senate actually serve
as the Jury in impeachment proceedings? (Yes)
Senate tries impeachments (acts as a jury)
House of Reps. introduces the Articles of
Impeachment
House needs a majority (218) vote to bring up
charges
Senate needs 2/3s majority (67) to convict
7. Clause Seven—What happens if someone is impeached?
A guilty conviction on the Articles of Impeachment is
removal from office
A U.S. President cannot be pardoned if found guilty by
2/3s of the Senate (part of the checks and balance system)
1. 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 (1st Tuesday after the first Monday of November)
2. Clause Two - So When does Congress Meet?
Must meet one time a year (Why?)
1933—20th Amendment established January 3rd as the
meeting date (a two year working period)
1. 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
Victor Berger—1919, Socialist from Wisconsin, The House refused to seat him
Adam Powell—1967, African-American who allegedly misappropriated federal funds The House refused to seat him
Powell v McCormack(1969) - SC allowed Powell his seat in the House of Representatives
2. Clause Two—Does the House and the Senate following the
same proceedings and rules? (No)
House of Reps and the Senate have different rules
Filibuster—Delaying a bill through the use of discussion
Senate has Filibusters, House is more stringent on how they
control debate so they do not
Strom Thurmond—longest filibuster, 24 hours 18 minutes
Cloture rule—rule in the Senate that will end a filibuster if
60 Senators agree to vote for the closing of debate
Censure—punishing a member of Congress, take away
some of their power or seniority
3. Clause Three - Can I get information about how a member of
Congress voted? (Yes)
Congressional Journal—Published at the end of the
session, contains the bare facts about the session
Congressional Record—Published daily, includes word
for word what people had to say
Sunshine Law—All meetings must be open to the public
and all records about the session are open to the public as
well
4. Clause Four - Can the House and the Senate adjourn at different
times?
Adjourn—to stop meeting
Consent—Need consent of the other house if you are going
to adjourn for more than three days (law making process
would stop if only one house adjourns, usually joint
adjournment)
1. Clause One - What is the salary and benefits for a member of Congress? Compensation—members of Congress will be
paid ($150,000 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—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored)
Franking—free mail service
Other Privileges
Salary
Travel expense account
Office in D.C. and their state
Special allowance for stationary, phone calls, faxes
Pension
Some tax exemptions
15% of salary for speaking engagements
Unlimited income from book royalties
2. Clause Two - Can a member of Congress also be a federal
judge? (No)
Separation of Powers—can’t hold two offices at once
from different branches of government
1. Clause One - Where do tax bills start?
All tax bills start in the House.
2. Clause Two - How does a bill become a law?
Procedures vary slightly in each house and all bills must go
through committee work before they get to the floor. Here is a
simple overview:
First method—passes one house by majority vote, passes
second house by majority vote, goes to president, president
signs it into law
Second method—passes one house by majority vote,
passes second house by majority vote, goes to president,
president vetoes, goes back to house it originated in and
must pass by 2/3 vote, then goes to next house and must
pass by 2/3 vote to become a law
Third method-- passes one house by majority vote, passes
second house by majority vote, goes to president, president
delays action for ten days excluding Sundays, becomes law
Pocket Veto - What if Congress adjourns and a bill has not
been signed by the President?
Passes one house by majority vote, passes second house by
majority vote, goes to president, delays action for ten days
excluding Sundays, within that time Congress adjourns,
BILL DOES NOT BECOME A LAW (Reagan had 8 pocket
vetoes)
3. Clause Three - Can the Congress express their opinion
without creating a formal law? (Yes)
Resolution—a formal expression of opinion or will
Simple resolution—deals with the matters of one
house
Concurrent—deals with both houses Joint—deals
with both houses and goes to the president for
approval
1. Clause One - Why can Congress collect taxes?
Congress can collect taxes for three purposes:
Pay off debts
Provide defense
Provide for the common welfare
2. Clause Two - Can Congress Borrow Money?
They can borrow money on the credit of the United
States (selling bonds is one example)
Debt—Total amount of money that the government
owes ( currently over $17 trillion)
Deficit—Yearly amount of money that the government
owes
3. Clause Three - Can Congress regulate trade?
Interstate—Trade between two or more states
Intrastate—Trade within a state
Congress can only regulate interstate trade
4. Clause Four—Naturalization and Bankruptcy
Natural born citizen—born in the United States
Naturalized citizen—foreigner becoming a citizen by
following rules set by Congress
Jus soli - “law of land” - if you are born here you are a
citizen
Jus sanguinis - “law of blood”- if one of your parents is
an American citizen then you are as well
A naturalized citizen can never be President of the U.S.
Bankruptcy—courts declare bankruptcy
5. Clause Five - Can a bank make money? (No)
Congress will make money
Congress will set up our weights and measures
1831—English system (foot-pound-mile)
1866—if states wanted to, they could go on the metric
system
We are the only large country not on the metric system
6. Clause Six -
Congress will punish counterfeiters
Minting edge - lip on penny and nickel
7. Clause Seven - Mail Service
Federal government will establish a mail service
8. Clause Eight
Congress promotes inventions
Copyrights—Secures rights of ownership for the life of the
owner (publications and literature)
Patents—Secures the rights of inventors generally for 20
years
9. Clause Nine
Congress establishes and abolishes courts
10. Clause Ten
Congress can punish for crimes committed on
the water
11. Clause Eleven
Only Congress can declare war—power to many
people as opposed to one
Marque and Reprisal—allowing pirates (Treaty of
Paris outlaws this)
War Powers Resolution (1973) - Attempted to limit
presidential power of war
12. Clause Twelve
Congress controls the power of the purse regarding the
military
Can’t allow stock piling of money
13. Clause Thirteen
Congress can maintain a navy
14. Clause Fourteen
Congress establishes rules for the military
Court martial - Court proceedings that
follow military laws
15. Clause Fifteen
Congress governs state militias (National Guard)
National guard can be deployed for three reasons:
Execute laws of the union
Suppress insurrections (riots)
Repel invasions
16. Clause Sixteen
Congress allows the states to appoint National Guard
officers and train their own soldiers
17. Clause Seventeen—Who controls the District of Columbia?
Washington, in the District of Columbia, is a federal city
under the control of Congress
Since 1973, people of the city elect their own officials
18. Clause Eighteen—Necessary and Proper Clause
Congress has the power to establish any rules they
deem necessary and proper
Elastic Clause—expands the powers of Congress
1. 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”
2. Clause Two - Can I be thrown in jail for having blue eyes?
(No)
Habeas corpus - “you have the body” - You have the
right to test the legality of your detention - judge is not
concerned with guilt or innocence
The writ can be suspended in times of rebellion,
invasion, or the public safety requires it (Abraham
Lincoln during Civil War)
3. Clause Three
Congress cannot pass a bill of attainder (legislative act
against a named person)
Congress makes a law that says Mike Sims is a thief and
will serve 25 years in prison - This is Unconstitutional!!
Congress cannot pass an ex post facto law (after the fact)
Betty Boone sells fireworks on July 4th - On July 10th,
Congress passes a law that makes it illegal to sell fireworks
and tries to punish Betty for what she did on July 4th
4. Clause four
Congress cannot put a direct tax on an individual (16th
amendment overrides this)
5. Clause five
Congress cannot tax an export
6. Clause Six
Import taxes must be the same at all ports.
7. Clause Seven
Congress controls the federal budget
8. Clause Eight - Can I receive a title of Duke or
Earl of the U.S.?
Titles of nobility will not be granted
Any gifts from foreign countries must
approved by Congress
1. 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
2. Clause Two
States can not tax imports or exports with the consent of
Congress
3. Clause Three
States can not harbor troops in times of peace
States can not engage in war
Section One—President &
Vice President
1. Clause one—How long is the President in office?
Four year terms
1951—22 Amendment changed it to a maximum
of 2 terms or ten years
FDR served the most years in office (12)
Grover Cleveland served 2 nonconsecutive terms
(22nd & 24th President of the United States)
2. Clause Two - How is the U.S. President elected?
Electors—Presidential voters
Electoral college—system used to elect the President,
founders didn’t want a pure form of democracy, wanted a
representative democracy
538=total number of Presidential electors, must have
270 to become president
Purpose of the electoral college---give each state
somewhat equal representation
3. Clause Three—former method of electoral college
(changed by 12th Amendment)
Thomas Jefferson and Aaron Burr each had the same
number of electoral votes (73)
Tie would go to the House of Representatives and
each state gets one vote, still have to get a majority
Election of 1860 Popular Votes Electoral
Lincoln 1, 866,352 180
Douglas 1,375,157 12
Breckenridge 847,953 72
Bell 589,581 39
Close Elections in History
Popular Votes Electoral Votes
Hayes (1876) 4,033,950 185
Tilden (1876) 4,284,855 184
Bush (2000) 50,456, 169 271
Gore (2000) 50, 996, 116 266
4. Clause 4 - When does the Electoral College vote?
Official ballot for President is cast by the Electoral College
Electoral College—cast votes on the first Monday after the
second Wednesday in December
5. Clause Five—What are the qualifications for U.S. President?
35 years old, 14 year resident, natural born citizen
1st seven presidents were not natural born
1st natural born was Martin Van Buren
Youngest—Teddy Roosevelt=42
Youngest elected—John Kennedy=43
Oldest—Ronald Reagan=69
6. Clause Six - Changed by the 25th Amendment
The amendment provides for involuntary removal of the
President from his power.
7. Clause Seven - Can the Congress decrease the President’s
salary midway through the term? (No)
Can not increase or decrease during the term
Can not receive any other salary from the federal
government during the term
Pays taxes on the income
2001 - Salary doubled to $400,000/ year
8. Clause Eight - The Presidential Oath
Any judge can swear a president into office, most
common is the Chief Justice of the Supreme Court
Calvin Coolidge—Sworn in by his father - a Justice of
the Peace
LBJ—sworn in on Air Force One by a Dallas judge
“So help me God.”---Washington added this to Oath
1. 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
2. Clause Two—Treaties and Appointments
President needs approval by the U.S. Senate to
create certain and specific treaties and
appointments
3. Clause Three - What if an ambassador dies when the
Senate is in recess?
The President can fill position by temporarily
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
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 are expelled by their own house, they do not go through the formal impeachment process
1. 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
1. 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)
2. Clause Two - How does a case reach the Supreme Court?
SC has two kinds of jurisdiction:
a. Original—a case is first heard by the SC
b. Appellate—cases that are appealed by a lower court
(Most cases come to the SC through appellate
jurisdiction)
Thousands of cases are brought to the SC each year
About 75 are heard each year
Writ of Certiorari—an order from a higher court to a
lower court to see the records and proceedings of a
previous case
3. Clause Three—Conduct of Trials
Guarantees a trial by jury in federal courts
Extradition—returning a fugitive to the state in which the
crime was committed
1. 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
2. Clause Two - What is the penalty for treason?
Treason can only happen during time of war
Maximum penalty is death
Espionage, Sabotage, conspiracy to overthrow the
government are all similar to treason but happen
during times of peace
1. Clause One - I live in Minnesota do I have to follow the rules of North Dakota? (Yes - full faith and credit)
Each state shall respect legal action of another state (marriage licenses, speed limits, fines, drivers license)
1. Clause One - Can I buy a lake home in Minnesota if I live in Illinois? (Yes)
State cannot discriminate against you because you are a citizen of another state
2. Clause Two—Extradition
Bringing back a fugitive (interstate rendition)
“shall”—tradition, custom, and the courts have
interpreted this to mean “may”
Governors can refuse to return a fugitive
3. Clause Three—Fugitive slaves (nonexistent) - Changed by
amendment after the Civil War.
“persons” refer to slaves
If a slave escapes from a slave state to a free state, the
slave is not free
1. Clause One - How does a state become admitted to the Union?
Only Congress can admit states
2. Clause Two -
Congress will make all laws for all U.S. territories
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
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)
Need 3/4 of all states to actually ratify or APPROVE an Amendment. This is done by state legislatures or a special ratifying convention.
Over 4000 proposed Amendments since the early 1800s
Only 27 have been ratified
1st Ten Amendments were a package deal, 18 and 21 cancel each other out, leaves 15 separate Amendments that went through the process
Section One - Could the new government evade debts owed as a result of the Revolutionary War?
New government can’t evade old debts
Section Two - Is the federal law the supreme law of the land?
Yes - State law cannot override a federal law
Section Three—all officers, state and federal, must take an
oath to support the U.S. Constitution
Can’t have a religious requirement has part of the Oath
Section One—
Convention—calling of delegates from each state to ratify the Constitution
Must have nine states to approve the Constitution
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
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