the u.s. constitutionmrsnyderushistory.weebly.com/.../9/9/26990092/_ch._8--constitution_… ·...
TRANSCRIPT
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The U.S. Constitution
Chapter 77th Grade Social Studies
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Goals and Principles of the Constitution (1)
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Parts of the Constitution
• 1st section=preamble• 2nd section=articles and
amendments
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Pt. 1—Goals in the Preamble• The preamble is the opening
statement to the Constitution• “form a more perfect union”—unified
country• “establish justice”—unified system to
settle legal matters• “insure domestic tranquility”—keep
peace and order at home
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Pt. 1—Goals in the Preamble• “promote the general welfare”—ensure
the well-being of all citizens• “secure the blessings of liberty”—
guarantees freedom to all people• “provide for the common defense”—
protect the citizens
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Pt. 2—Articles and Amendments• Main body includes the articles• Articles outline our government
– Article I: legislative branch– Article II: executive branch– Article III: judicial branch– Article IV: state relationships– Article V: process to amend constitution– Article VI: national supremacy– Article VII: procedure for ratification
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Constitutional PrinciplesPopular Sovereignty• Govt. gets authority
from the people, not God
• People should have the right to alter or get rid of govt.
Limited Government• Wanted to avoid
excessive power• Govt. has only the
powers as outlined in Constitution
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Constitutional PrinciplesSeparation of Powers• Divided powers
amongst three branches
Checks and Balances• Guards against
abuse of power• Each branch can
limit the power of the other two
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Constitutional Principles• Federalism—division of
power between states and feds.– Powers not given to
feds. belong to states (10th amendment)
• Republicanism—citizens elect representatives to rule– Vote according to own
judgment, while still listening to the people
• Individual Rights—Const. must protect these (freedom of speech, religion, right to trial, etc…)
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How the Federal Government Works (2)
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3 Main Branches
• Legislative—Congress (Article I)
• Executive—President (Article II)
• Judicial—Supreme Court (Article III)
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Legislative Branch—The House • House of Representatives & Senate• House of Representatives
– # of reps. based on state population– Each state has at least one
• California has the most (53)• AK, MT, WY, ND, SD, DE, VT have 1
– 435 total representatives– Elected every two years
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Legislative Branch—The Senate• Two per state, totaling 100 senators• Elected every six years
– Originally elected by state legislature– 17th amendment—direct election (1913;
corruption)• President of the Senate is the vice
president (tiebreaking vote)• If VP is absent, the president pro
tempore replaces him
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Congressional Representation Map
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Number of Congressional Districts Per State
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Illinois Congressional Districts
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Our Congressional District #17
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Powers of Congress• Congress makes laws• Laws start as bills• Any appropriations bill (designed to raise $$ for
govt.) must start in the House• Other powers
– Levy taxes– Borrow $$– Coin $$– Establish post offices– Declare war
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How a Bill becomes
a Law
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1. The Proposal• The bill is proposed by a member of
Congress• May start in either the House or the Senate
(This example will start in the House)• Remember—ALL revenue bills must start
in the House• The bill is numbered and sent to the proper
committee by the Speaker (HR1948 or S2007)
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2. The CommitteeThe committee studies the bill,
holds public hearings, and must make a choice!Ignore the bill"Kill the bill (vote it down)#Approve it without changes$Approve it with changes%Completely re-write the bill
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3. Debate and Final Vote• The approved bill is returned to the
House for consideration by all• Bill is placed on the House calendar
and rules for debate are approved• On the assigned date, debate takes
place and a vote is taken• If the bill is voted down it is DEAD• If approved, it is sent to the Senate
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4. Committee Process Repeated• Senate receives the bill and it is
assigned to committee• Senate committee follows the same
process as the House committee• Senate committee can take the same
actions as the House committee• If committee approves the bill, it is
returned to Senate for consideration
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5. Debate and Final Vote (again)• Bill is placed on the Senate calendar and
rules for debate are approved• On the assigned date, debate takes place
and a vote is taken• If bill is voted down, it is DEAD• If approved in the EXACT same form as
the House, it is forwarded to the President• If there are ANY differences it is sent to a
Conference Committee
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6. Conference Committee• Most bills are sent to a conference
committee• Conference committees must have an equal
number of Senators and Representatives• They work out the differences• They must send the bill back to each house
for final approval• The resulting bill is sent to the President for
his approval
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7. The PresidentThe President has 10 days to decide what to
doThe President has four options to choose from:
! Sign the bill ---- It becomes a LAW"Veto the bill ---- It is sent back to the
house in which it began# President does nothing, Congress still in
session ---- It becomes a LAW without the President’s signature
$President does nothing, Congress not in session ---- Pocket Veto ---- The bill is dead
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8. The VETO• President sends bill back to where it
started with written objections to the bill• If that house can pass the bill again by
a 2/3 vote – they send it to the other house
• If the second house passes it with a 2/3 vote the bill becomes a LAW
• This is called an OVERRIDE of the President’s veto
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Congress & the States• Full Faith and Credit Clause
–Every state must accept the judgments of other states• Criminals must be return to state of their crimes
• Divorce• Driver’s Licenses
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Congress & the States• Must treat citizens of others the same
way it treats it own citizens• Must guarantee a republican form of
government• U.S. government must protect states
from invasion• U.S. government must help put down
domestic violence upon request of the state
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States Cannot…• Coin money• Make treaties• Grant titles of nobility• Pass ex post facto laws
– Latin for “after the fact”– Cannot pass a law and be punished for a crime that
wasn’t illegal at the time it occurred– Example: If I didn’t wear my seatbelt yesterday, and
Congress passes a law about it tomorrow, I cannot be punished for not wearing it the day before.
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U.S. Capitol Building
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The Executive Branch• Leaders are the President and Vice
President• Job of branch is to enforce laws and run
everyday affairs of govt.• Only the President and VP are nationally
elected• Assume office on January 20 following
their election
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SealsPresidential Seal Vice Presidential Seal
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Requirements!Must be at least 35 years old"Must be a native born citizen (That is, must be a citizen from birth)#Must live within the United States for
at least 14 years$President and Vice President cannot
be from the same state
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• The President is limited to 2 terms (22nd amendment)
• President - $400,000 PLUS an expense account
• Vice President - $231,900 plus expenses (as of March 2013)
• If President dies or resigns, VP becomes the President
• President appoints a new Vice President when there is a vacancy (25th Amendment)
• Must be approved by both houses of Congress
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Presidential Succession• Vice President • Speaker of the House • President pro tempore • Cabinet, starting with the
Secretary of State
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Presidential Responsibilities• President makes treaties with foreign
nations• Appoints ambassadors• Is responsible for setting foreign policy• Is assisted by the Secretary of State
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Domestic & Military Policy
• Sets domestic policy• Prepares the national budget• Budget must be approved by Congress• Commander-in-Chief of the Armed
Forces• Can take command of the state militia,
the National Guard
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Legislation• President may call both house of Congress
into special session• May recommend bills to Congress• May veto bills passed by Congress • Each year the President must report to the
Congress on the “State of the Union”– Can be a written or an oral report
• President is the leader of his/her political party
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AppointmentPresident appoints a great number of
government officers& judges&cabinet members&ambassadors&assorted advisors&agency heads (FBI) (CIA) (FAA)Must be approved by Senate w/ majority
vote
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Judicial FunctionsThe President has 3 important judicial
powersThe President may grant:! Pardons (cancel)" Reprieves (delay)# Commutations (reduce)!NO LIMITS --The President’s decision
is final, it can not be overridden
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Electoral College'Electoral vote is house members +
senators'The 23rd Amendment gave Washington,
D.C. the same electoral vote as the smallest state
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Electoral College(There are 435 Representatives(There are 100 Senators(Electoral Votes = 535(Washington, D.C. gets 3 electoral votes(Total Electoral Vote = 538(Necessary for election = 270
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Impeachment Process• President must break a law• The House brings the charges• The Senate conducts a trial• 2/3 of the Senate must vote to convict • If convicted, the prez. must leave office• 2 have been impeached by the House—
Andrew Johnson and Bill Clinton
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The White House
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Judicial Branch• The Judicial Branch
has 3 levels of courts–Supreme Court–Court of Appeals–District Court
Type to enter text
)1 court, 9 judges
)13 courts, 3 judges
)94 courts, 1 judge
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Judicial Branch• ALL judges at ALL levels of U.S. Courts are
appointed by the President • Senate must approve/reject the President’s
choices by majority vote• ALL judges serve for life—why?
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The Judicial Branch• Led by the Supreme Court• Primary power= judicial review
– Determines if laws are constitutional (legal)• Evolved over time—Const. doesn’t state
number of judges• Judges known as justices—currently 9• The “main justice” is known as the Chief
Justices…8 other associate justices• Salaries= $213,900 and $223,500 for Chief
Justice
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Supreme Court• Supreme Court is the “court of last resort”• NO appeal from their decisions• Guilt or innocence cannot be appealed• Will never overrule a jury’s decision• Disputes between Congress and Prez. can
be taken directly to the Supreme Court
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Court of Appeals• Listens to appeals from District Courts• Each Appeals courtroom has 3 judges• 13 total Appeals Courts• Relieves pressure on Supreme Court• Make decisions by majority vote• NO cases start at this level
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District Courts• There are 94 U.S. District Courts• Each District Court courtroom has 1 judge• District Courts are the trial courts of the judicial
branch• Almost ALL court cases begin in the District
Courts
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Changing the Constitution (3)
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Amendments)Two part process)Proposal and Ratification)Proposal
! 2/3 vote in both houses of Congress )OR"Legislatures of 2/3 of the states call for a
convention to consider amendments (34)—never used
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Amendments
)Ratification! Approved by 3/4 of state legislatures
(38))OR"Approved by special conventions in 3/4
of states (38)
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Rights—Mine & Yours
• Your rights and mine are different• ALL rights have LIMITS—your rights
stop when another person’s begin
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1st Amendment**(Freedom of Religion(Freedom of Speech(Freedom of the Press(Right to Assemble Peaceably(Right to Petition
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2nd Amendment(“A well-regulated militia, being
necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
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3rd Amendment
( No quartering of soldiers in private
homes.
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4th Amendment
( No unreasonable search or seizure
( Search warrant required
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5th Amendment**(Grand Jury indictment(No Double Jeopardy(No self-incrimination— “plead the
5th”(Due process required(No confiscation of property
without just compensation
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6th Amendment**(Speedy, public trial(Impartial jury(Tried in state where crime was
committed(Informed of charges(Confront witnesses(Summons/Subpoena(Attorney
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7th Amendment( Right to a trial by
jury
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8th Amendment(No excessive bail(No excessive fines(No cruel or unusual punishment
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9th Amendment( The people retain any
rights not listed in the Constitution.
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10th Amendment( Powers not given to the
U.S. govt. are retained by the states or the people.
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11th Amendment (1795)
( Individuals can not sue a state in federal courts.
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12th Amendment (1804)
(Changed the election procedure for President and Vice President
(Requires separate ballots in the Electoral College for President and Vice President
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13th Amendment** (1865)
(Abolished Slavery
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14th Amendment** (1868)
(All persons born/naturalized in United States are citizens
(Laws can not take away a person’s rights
(Guarantees equal protection of the laws
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15th Amendment** (1870)
(Citizens can not be deprived of the right to vote on
account of race, color, creed, or previous condition of
servitude.
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16th Amendment** (1913)
(Established the Income Tax
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17th Amendment** (1913)
(Provided for the direct election of United States Senators
(Allows the governor to appoint someone to fill vacancies until the next election
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18th Amendment** (1919)
( Prohibition of Alcoholic Beverages
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19th Amendment** (1920)
*Women gain the right to Vote
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20th Amendment (1933)
(Moved presidential inauguration from March 4th to January 20th
(Moved first meeting of Congress to January 3rd each year
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21st Amendment** (1933)
(Repealed the 18th Amendment
(Ended Prohibition
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22nd Amendment** (1951)
( Limited the President to two terms in office.
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23rd Amendment (1961)
( Gave the citizens of Washington, D.C. the right
to vote in presidential elections.
(3 electoral votes)
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24th Amendment (1964)
( Abolished the poll tax
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25th Amendment** (1967)
(Allows the President to fill vacancies in the vice presidency by appointment
(Appointments must be approved by the Congress
(Deals with the problem of presidential disability
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26th Amendment** (1971)
( Lowered the voting age to 18
nationwide.
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27th Amendment (1992)
( Members of Congress can not receive a pay raise until they have been re-elected