the constitution. 1. preamble=the introduction to the constitution 2. “we the people of the united...
TRANSCRIPT
1. Preamble=the introduction to the Constitution
2. “We The People of the United States….”
a. People=white, male, property owner
b. US=13 states and new territories
3. “in order to form a more perfect union,”
a. Union=one nation united
b. Strong central government
c. Taxation rights given
d. 3 branches of government (Montesquieu)
A. The Preamble
4. “establish justice”
a. Creation of the Supreme Court
b. Judicial Branch
5. “insure domestic tranquility”
a. Domestic=in the United States
b. Tranquility=peace
6. “provide for the common defense”
-Congress has the power to form an army and navy
7. “promote the general welfare”a. Congress has the right to taxb. Provide for the American people
8. “and secure the blessings of liberty to ourselves and our posterity.”a. Liberty=freedomb. Posterity=future generationsc. Constitution will continue to protect the rights of the people into the future
II. The Articles of the Constitution
A. Article One: The Legislative Branch1. Bicameral legislature created
a. Senate1. Two from each state (100 total)2. 6 year terms3. must be 30 yrs old and 9 yr citizen
b. House of Representatives1. Representation based on population2. 2 year terms3. must be 25 yrs old and 7 yr citizen4. 435 members
THE CAPITOL BUILDING
2. Delegated Powers
(The powers given specifically to Congress)
a. Introduce proposed laws (bills)
b. Power of impeachment given to the Senate
Impeach=to bring criminal charges against an elected official
c. Power to enforce the policies of the national Government
d. Power to establish various taxes
e. Power to borrow and coin money
B. Article Two: The Executive Branch
1. Composed of: President, Vice President, his advisors and all federal agencies and their heads
2. President/Vice President
a. Qualifications
1. Natural born citizen
2. 35 years old
3. US resident for 14 years
“The executive power shall be vested in a
President of the United States of America.”
Article II, Sec. 1
-U.S. Constitution-
b. Terms of Service (President)1. serves a maximum of 2 terms of 4 years 2. the original Constitution allowed of
unlimited terms of service, this was revised by the 22nd amendment in 1951
c. Powers of the Executive Branch1. Enforce the laws established by
Congress2. Commander in Chief3. Propose new laws4. Appoint federal judges 5. Negotiate foreign trade
White House
C. Article Three: The Judicial Branch
1. The Constitution established the Supreme Court2. Congress has the power to establish other federal
courts under the Supreme Court3. Terms of Service
a. Justices (judge of the Supreme Court) serve for lifeb. Nominated by the Presidentc. Must be approved by the Senate
4. Requirements--There are no specific requirement for judgeship in the Constitution
Supreme
Court Building
5. Main roles and powers1. Interpret the law 2. Exercise the power of Judicial Review
a. Gives the Supreme Court the power to review actions taken by the Executive and Legislative Branches
b. Can rule actions unconstitutional or going against the constitution
c. Those actions can no longer be taken3. Chief Justice presides over trials of presidential impeachment
D. Article Four (The states and the Federal Govt.)
1. Admission of new states
---Congress has the power to admit new states
2. Extradition: the process of returning a fugitive to the state that the crime was committed in
3. Each state is protected by the Federal govt.
E. Article Five (Method of Amendment)
1. Amendment: a written change or addition to the Constitution
2. Four Methods of Amendment
a. Congressional Proposal
1. 2/3 vote in each house of Congress
2. Must be ratified by ¾ of state legislatures (38 states today)
3. 26 of the 27 amendments were adopted this way
b. Congress/State Convention Proposal1. Proposed by Congress and then ratified by state convention’s in ¾ of the states2. Only the 21st Amendment done this way
(Repealed prohibition)
c. National Convention Proposal1. 2/3 of the state legislatures request a national convention to propose an amendment2. Must be ratified by ¾ of the state legislatures3. never done this way
d. State Conventions
1. Proposed by a national convention
2. Ratified by conventions in ¾ of the states
3. Method of how the Constitution was ratified
3. Popular sovereignty of amendment process
a. Proposals take place at national level
b. Ratification is a State-by-State matter
F. Article Six: Supremacy of National Laws
1. The Constitution, federal laws, and treaties of the United States are the supreme law
2. All govt. officials must take the oath of office
G. Article Seven: Ratification
1. After the Constitutional Convention, the Constitution was sent to the states for approval
2. Each state would hold a convention to decide the fate of the Constitution
3. Ratification required approval from 9 of the 13 states
Leadership of the House of Reps.
a. Speaker of the House1. Presiding officer of the House2. Leader of the Majority party (Party that holds the most seats in the House )3. Powers:
a. Presides (guides/controls) over all sessions of the House
b. Signs all bills (proposed laws) introduced by the House
c. Administer the oath of officed. 2nd in line of succession after the Vice-
President
Leadership of the Senate
a. President of the Senate1. Vice-President2. Presiding officer of the Senate3. Very limited powers:
----Vote in case of a tieb. President pro tempore
1. In the absence of the VP, presides over the Senate2. Highest ranking Majority Party Senator
IV. Basic Principles of the Constitution A. Popular Sovereignty
1. Power in the hands of the people
2. “We The People….”
3. Constitution draws authority from the people
B. Limited Government
1. Idea that government is not all-powerful
2. Constitutionalism: govt. actions must be conducted according the Constitution
3. Bill of Rights limits the power of the govt. and protects individual freedoms
1. Presidential system of govt. where power is distributed among three branches of govt.
2. Each article established specific powers to each branch:
Article One: Legislative Branch
Article Two: Executive Branch
Article Three: Judicial Branch
C. Separation of Powers
D. Checks and Balances
1. Authority given to each branch is limited by a system of checks and balances
2. Power wielded by any one branch is restricted by certain powers granted to the other two branches.
3. Executive Checksa. Versus Judicial Branch
1. President appoints federal judges
2. President may grant pardons (a release from the punishment)
3. May also grant a reprieve (a postponement of the execution of a sentence)
b. Executive vs. Legislative
1. Power to veto a bill passed by Congress
2. Appoint federal officials
3. Vice-Pres. is the head of the Senate
a. versus Executive
1. Power to override a Presidential veto by a 2/3 vote in each house
2. Senate must confirm Presidential appointments and treaties
3. Impeachment Power
a. House has sole power to impeach
b. Senate tries the impeachment case
4. Power to declare war
5. Power to enact laws and allocate funding
4. Legislative Checks
b. versus the Judicial Branch1. Senate approves federal judges2. Impeachment powers3. Initiate constitutional amendments4. Power to establish courts inferior to the
Supreme Court
c. versus the Legislative Branch--Since it is bicameral, Congress has the ability to self-check
5. Judicial Checksa. Judicial Review
1. Power of the courts to determine if the Constitution gives the government the power to do a specific action. 2. Power to declare unconstitutional a govt. action found to violate the Constitution3. Power established by the case Marbury v. Madison in 1803
b. Justices are appointed for life
I. The Bill of Rights
A. The First Amendment
1. The freedom of religion, speech, and press
2. Freedom of religion protection
a. Congress can not pass a law that prohibits (to forbid) a religion
b. Congress can not declare an official religion
c. “Separation of Church and State”
3. Freedom of Speech
a. Congress can not stop people for writing, printing, or speaking freely.
b. Principles of speech
1. Pure Speech---spoken word
2. Speech+Action
--marching, singing, etc.
3. Symbolic Speech
--actions and objects replace
4. Freedom of Press
a. Ensures freedom of choice in what people read or see
b. People have the right to express opinions through written forms
5. Freedom to assemble peacefully and the freedom to petition.
B. The Second Amendment
1. The Right to Bear Arms2. The federal govt. can not deny a state the right to keep an armed militia3. Protects a citizen’s right to own a gun
"No freeman shall ever be debarred the use of arms." -- Thomas Jefferson
C. The Third Amendment: The Quartering of Troops 1. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. 2. Relates to the British during Revolution
D. The Fourth Amendment: Limiting the Right of Search
1. A persons home or other personal property can not be searched without a search warrant
2. Search Warrant: a written order signed by a judge that allows officials to search a location.
***must include the place to be searched and the persons/things to be included.
E. Amendment Five: Rights of the Accused and of Property
1. The Federal govt. can not try a person for a crime unless a grand jury decides there is enough evidence.
2. Grand Jury: a jury that consists of 16 to 23 members who examine evidence against an accused person to determine if a trial is needed.
3. Evidence: information that proves a person’s innocence or guilt.
4. Indictment: a formal criminal charge5. Double Jeopardy: a person can not be
charged or tried for the same crime twice
6. Eminent Domain:a. The govt. can not take away a person’s life, liberty, or property except by lawful means.b. Allows the government to take private property for a “public use” and requires the payment of just compensation for the taking. c. Public use: roads, bridges, etc. d. Used today for urban development
7. “I plead the 5th Amendment”a. During questioning, an accused person may remain silent and can not be forced to give
evidence against themselves.b. A person does not have to give evidence that will be self-incriminating
F. Sixth Amendment: Further Rights of the Accused
A person accused of a crime has the following rights:
1. A public trial as soon as possible after arrest2. A jury that will decide the case fairly3. A jury of your peers (people similar to you)4. The right to be the exact charges you are
being charged with5. The chance to question all unfriendly
witnesses6. Right to a lawyer (if you can not afford a
lawyer, the govt. will provide one)
G. Amendment Seven: The Rules of Common Law
1. People have the right to a trial by jury in all civil cases that involve more than $20.00. (1790’s)
2. Now, for any dispute involving less than $1500.00 small claims court will handle the case without a jury.
3. Jury: a group of citizens who hear a court case and make a decision on the person’s innocence or guilt.
H. Amendment Eight: Excessive Bail and Punishment
1. Prohibits excessive bail
a. bail=The money or property put up by a person for release from jail until court
b. Bail must relate to the crime
2. Punishment for a crime shall not be excessive of the crime
3. No cruel or unusual punishment alloweda. Death penalty action must be quick and as painless as possible.b. Death Penalty Acts today:
1. Lethal Injection (primary source)2. Electric Chair 3. Gas Chamber
c. 38 states use the death penalty, most use the lethal injection methodd. Missouri only uses the death penalty for 1st degree murder (choice of injection or gas)
I. Amendment Nine: Rights kept by the people1. Not all rights given to the people are listed in the Constitution2. The rights of the people are not limited to those listed in the Constitution
J. Amendment Ten: Powers kept by the States1. The powers not listed in the Constitution belong to the states (reserved powers) 2. Examples: The states determine the rules for marriages, divorces, driving licenses, voting, state taxes, job and school requirements, rules for police and fire departments, etc.
3. Implied Powers and the Necessary and Proper Clause
a. Implied powers are powers that are not written out but instead seem to be there based on the other words or powers given in the Constitution
b. The Necessary and Proper Clause of the Constitution seems to give Congress more powers than are spelled out in the Constitution
c. “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers….”
4. Concurrent Powers
1. Duties shared by both the national government and state governments
2. Examples:a. Levy and collect taxesb. Establish courtsc. Make/Enforce lawsd. Take private property for public purposes, with just compensation (eminent domain)
Notable Amendments:
1. 12th Amendment:
--Created the Electoral College to elect the President and Vice-President
2. 13th Amendment:
--Abolished slavery in America
3. 14th Amendment:
--States can not deny citizenship rights
4. 15th Amendment ---Guarantees the right to vote regardless of
race, color, and previous condition (little impact until Civil Rights movement in the 1960’s)
5. 17th Amendment: (1917) a. Changed the method of how senator’s are elected. b. Instead of being appointed by a state, the people vote for the 2 senators
6. 19th Amendment: --Gave women the right to vote in 1920
7. 25th Amendment: --Created the order of succession for the office of President in case of disability, death, or removal from office.
8. 26th Amendment: --Gives the right to vote to any citizen 18 yrs or older
President Washington’s 1st Cabinet:
1. Dept. of War:
a. Responsible for all military matters
b. Henry Knox
c. Changed to Dept. of Defense in 1947
2. Dept. of Treasury
a. Responsible for all finance and money matters
b. Alexander Hamilton
3. Dept. of State
a. Responsible for foreign matters
b. Thomas Jefferson
4. Attorney General
a. Considered to be the chief lawyer of the U.S. government.
b. Edmund Randolph
Notable Supreme Court Cases
1. Plessy v. Ferguson (1896)
a. Supreme Court ruled that “Separate but equal” is legal
b. Led to segregated laws throughout the Southern United States
2. Brown v. Topeka Board of Education (1954)
a. Supreme Court ruled that segregation in schools violated the 14th Amendment
b. Decision ended Segregated schools
