introduction to the united states constitution

Introduction to the United States Constitution

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

Constitution

• How the Constitution is divided:1. Articles—the major divisions2. Sections---divisions of an article3. Clauses---divisions of a section

The PreambleIntroduction 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)

• We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The PreambleIntroduction to the Constitution

Article I

The Legislative Branch

Article I – The Legislative Branch

• All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives


• The House of Representatives– Two year terms– Requirements

• Must be 25 years or older• Must be a citizen for 7 years• Must live in the state where

you serve

– 1 Representative for every 30,000 people

• Population will be recounted every 10 years

– Has the sole power of impeachment

Article I – The Legislative Branch• House of Representatives

– 2 Year Term (No Limit)

– 25 Years Old

– 7 Year Citizen

– Resident of state which is represented

– Representatives by Population

Walt

Minnick

Mike

Simpson


• The Senate– Two Senators for each state (population does not

matter)– Serves for 6 Years (1/3 of the senators will be

elected every two years.)– Requirements

• Must be 30 years or older• Must be a citizen for 9 years• Must live in the state where you serve

– Sole power to try the President for impeachment– The Vice President serves as the President of the

Senate (only votes in the case of a tie in the Senate)

Article I – The Legislative Branch• Senate

– 6 Year Term (No Limit)• Three Classes

– 30 Years Old

– 9 Year Citizen

– Resident of state which is represented

– Only Two Per State

– Vice President will break ties

Mike

Crapo

Jim

Risch


• Congress must assemble at least once per year

• Must keep a journal of their proceedings

• Congress will be paid for their services– Will be paid out of the

United States Treasury• Cannot serve in more

than one position in the United States while serving in Congress


• Making Laws– Tax bills may only be started in the House of

Representatives• The Senate must approve those bills

– All bills must be passed in the Senate and the House before it can go to the President

• Bills must pass by over a ½ majority• If a Bill is vetoed, it must be passed again by a ⅔rds

majority.• If the President does not sign or veto a bill within

10 days, it becomes a law


• Powers of Congress– Collect Taxes– Borrow Money– Regulate Trade– Coin Money– Establish Post Offices– Promote Science– Declare War– Punish Pirates– Raise an Army– Support a Navy– Provide for a Militia

• To Make all laws that are necessary and proper


• Powers that Congress does not have– No banning of Writs of Habeas Corpus

• Bring to court to be sure they are tried fairly– No Bills of Attainder

• Congress singles out a person without a fair trial– No Ex Post Facto Laws

• After the Fact– No Taxing of goods between states– No taking money from the treasury without the

passing of a law– No granting of Titles of Nobility

Senate

House of Representatives


Passing

Laws

The Legislative Branch

Article II

The Executive Branch

Article 2 – The Executive Branch

• The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and together with the Vice President, chosen for the same Term, be elected as follows


• Electing the President– Each State appoints electors

equal to the number of Senators and Representatives

• No Senator or Representative may become an Elector

– Electors will vote for President• The Person with the most votes

becomes President• The Person with the second most

votes becomes Vice-President

– In the Case of a tie• House chooses President• Senate Chooses Vice-President

• The Election process was changed by the Amendment 12


• Requirements– Must be a Natural

Born Citizen• Or a Citizen of the

United States at the time of the Adoption of the Constitution

– Must be at least 35 Years old

– Must be a Resident for 14 Years


• What if something happens to the President?– In case of Removal,

Death, Resignation, or Inability to serve, the following shall occur

– The power falls to the Vice-President

• This was later changed by the 25th Amendment


• Pay for the President– The President will be

compensated for his time in office

• Currently – President Obama– $400,000 per year

– $50,000 expense account

– $100,000 nontaxable travel account

– $19,000 for entertainment


• Past Presidents– George Washington

• $25,000 a year• already a wealthy man,

refused to accept his salary

• He did ask for his living expenses to be covered

– Theodore Roosevelt• spent his entire $50,000

salary on entertaining guests at the White House

– John F. Kennedy • donated his salary to

charities


• Powers of the President– Commander in Chief of the

Military– May Pardon people for crimes– Make Treaties– Appoint Ambassadors– Appoint Supreme Court

Justices– Give the State of the Union

Address• Recommend changes in

government to the Congress


• The President may be removed from office for the following– Treason– Bribery– High Crimes– Misdemeanors

• 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)

Article II—Executive Branch


• 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

• We will discuss the process more in depth at a later date.


• 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

The Executive Branch

Article III

The Judicial Branch

Article 3 – The Judicial Branch

• The judicial Power of the United States, shall be vested in one supreme Courts, and in such inferior Courts as the Congress may from time to time ordain and establish.


• The Judges– Judges will serve as long as they show good behavior– Appointed by President– Approved by Senate– Serve for Life (with some acceptions)

• Compensation– US District Court judges - $165,200/year

• The same as members of Congress.– Chief Justice’s - $212,000/year

• The same as the vice president and the speaker of the House– Federal appeals court judges - $175,100/year– Supreme Court Justices - $203,000/year

Article 3 – The Judicial Branch• Judicial Power

– Extends in all cases that have to do with

• The Constitution• U.S. Laws• Treaties• Ambassadors• Public Ministers• U.S. Conflicts• Controversies between 2 or

more states• Between State and Citizen• Between Citizens of

different states• Between Citizens of States

and Foriegners


• Judicial Jurisdiction– Cases affecting

Ambassadors and Public Ministers

• Supreme Court

– All other cases• Appellate Court• Then the Supreme

Court


• Cases of Treason– The Court will try people

for treason– No Person shall be

convicted on Treason unless

• On the Testimony of two or more Witnesses

• On Confession in Open Court

– Congress has the power to declare the Punishment of Treason

Article 3 – The Judicial BranchWho are the Supreme Court

Justices• Seated

– Justice Anthony M. Kennedy– Justice John Paul Stevens– Chief Justice John G.

Roberts– Justice Antonin G. Scalia– Justice David H. Souter

• Standing– Justice Stephen G. Breyer– Justice Clarence Thomas– Justice Ruth Bader Ginsburg – Justice Samuel A. Alito, Jr

Article III—Judicial BranchChecks & Balances

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

The Judicial Branch

Article IV

States Rights

Article 4 – States Rights

• Full faith and Credit shall be given in each State to the Public Acts, Records, and judicial Proceedings of every other State.– And the Congress may

by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.


• Citizens in one state have the same rights as they do in other states.


• People who commit a crime in one state and flee to another, must be returned to the State where they committed the crime.


• No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, …shall be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

• This was changed by the 13th Amendment


• New States may be admitted to the Union by the following…– No new state shall be

formed within the boundaries of another state

– Two states may not come together to form another state.


• Protecting Rights– Guarantee every state

a Republican Form of Government

– Protect from Invasion– Protect from Domestic

Violence

Article V

Amending the Constitution

Article 5 - Amendments

• ⅔rds of both Houses may propose Amendments to the Constitution– Or ⅔rds of all states

• ¾ths must approve.• No Changes may be

made before 1808 on the issue of slavery– This is now Obsolete

• No state shall be deprived of its equal suffrage in the Senate

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) 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

Amending the Constitution

Article VI

The Constitution is the Supreme Law of the Land

Article 6 – Supreme Law

• All debts gained before the Constitution must still be paid

• The Constitution is the Supreme Law of the Land

Article 6 – Supreme Law

• All government official must take an Oath or Affirmation to support the Constitution

• No religious test shall ever be required to hold public office

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

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

The Supreme Law

Article VII

Ratification of the Constitution

Article 7 – Ratification

• Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

Article 7 – Ratification

• DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth IN WITHNESS whereof We have hereunto subscribed our Names.

The SignersG. Washington-Presid. and deputy from Virginia

Ratification• The Constitution was adopted by a convention of the

States on September 17, 1787– Ratified by the state on the following dates:

• Delaware – December 7, 1787• Pennsylvania – December 12, 1787• New Jersey – December 18, 1787• Georgia – January 2, 1788• Connecticut – January 9, 1788• Massachusetts – February 6, 1788• Maryland – April 28, 1788• South Carolina – May 23, 1788• New Hampshire – June 21, 1788

– Ratification was complete on June 21, 1788– Subsequently ratified by:

• Virginia – June 25, 1788• New York – July 26, 1788• North Carolina – November 21, 1789• Rhode Island – May 29, 1780• Vermont – January 10, 1791

Article Seven--Ratification

Section One— Convention—calling of delegates from each state to ratify the Constitution Must have nine states to approve the Constitution

The Ratification Process

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

introduction to the united states constitution

Documents

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