The Constitution

1
The Constitution
James Madison
Alexander Hamilton
2
I. Separation of Powers

• The powers of the Federal Government are divided
  between three branches
• Executive Branch
• Legislative Branch
• Judicial Branch

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Federal Government Organization
4
Duties of Executive Branch

• The Executive Branch has the power to enforce
  the laws.

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President and Vice President
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Powers of the Executive Branch

• President may recommend laws.
• President may call special sessions of Congress.
• President may veto bills.
• President may pardon all federal offenders.
• President may appoint all federal judges.
• Commander in Chief of the Armed Forces

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Executive Organization
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Duties of the Legislative Branch

• Legislative Branch makes the laws.

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Legislative Branch
Olympia J. Snowe
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Powers of The Legislative Branch

• Senate may reject treaties.
• May impeach or remove President from office.
• Senate may refuse to confirm presidential
  appointments.
• May override Presidents vetoes.
• Proposes Amendments to Constitution
• May refuse to confirm judicial appointments.
• May impeach and remove federal judges.
• Creates lower federal courts and sets judges
  salaries.
• Declare War

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House of Representatives

• Lower House
• Each Congressman represents a district of about
  450,000 voters.
• Speaker of the House is the Presiding Officer of
  the House
• Terms for Congressman are 2 Years
• There are 435 Members of the House
• All Congress members run every 2 years
• All revenue (taxation) bills must begin in the
  house
• They are very accountable to the people.

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Senate

• Upper House
• Each State has 2 Senators
• Senators terms are for 6 years
• Only 1/3 of the Senators run every 2 years
• Vice President is the Presiding Officer of the
  Senate
• The Vice President breaks all ties on votes in
  the Senate.

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Judicial Branch

• The Judicial Branch interprets the law.

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Judicial Branch
William Rehnquist
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Powers of the Judicial Branch

• May rule that laws are unconstitutional.
• May rule that Executive acts are
  unconstitutional.

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Judicial Branch

• Federal Judges serve lifetime terms.
• This insulates them from pressure from the
  populace.
• They are free to pursue justice as they see fit
  absent political pressure.

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II. Checks and Balances

• Checks and Balances were written into the
  constitution so that no branch would gain
  excessive power or superiority over any of the
  other branches.
• Each branch received specific checks on the other
  two under the Constitution.
• Theoretically, the framers sought to create three
  equal branches of the Federal government.

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Executive Checks on the Legislative

• President can Veto Bills passed by Congress.
• President can call special sessions of Congress.
• President can recommend legislation to Congress.

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Executive Checks on the Judicial

• President appoints all Federal Judges.
• President has power to pardon people.

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Legislative Checks on the Executive

• Congress can override Presidential vetoes by a
  2/3 majority of both houses.
• Congress provides advise and consent to
  presidential judicial and executive appointments.
• Senate can reject treaties.
• House can impeach and Senate can convict the
  President.

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Legislative Checks On the Judicial

• Proposes Amendments to Constitution
• May refuse to confirm judicial appointments.
• May impeach and remove federal judges.
• Creates lower federal courts and sets judges
  salaries

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Judicial Check on the Executive

• Courts may rule that Executive acts are
  unconstitutional.

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Judicial Check on the Legislative

• Courts can rule that laws passed by Congress are
  unconstitutional.

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III. Federalism

• Federalism is the separation of powers between
  the Federal government (Washington) and the State
  Governments (50 States).

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Federal Government
Mt. Rushmore
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Powers of Federal Government

• Regulate interstate and foreign commerce
• Coin money.
• Declare war.
• Establish postal system.
• Establish federal courts.
• Set standards for weight and measures.
• Pass laws needed to carry out its powers.
• Admit new states.

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Powers of Federal Government
Coin Money
Armed Forces
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Powers of the State Governments

• Conduct Elections.
• Determine voting requirements.
• Establish local governments.
• Provide for public safety.
• Enforce Laws.
• Lay and collect taxes.
• Establish courts.

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Powers of the State Governments
State Courts
State Capitol
State Law Enforcement
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Concurrent Powers (State and Federal Governments)

• Enforce laws
• Borrow Money
• Lay and Collect Taxes
• Establish Courts
• Charter Banks
• Provide for the General Welfare

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Concurrent Powers (State and Federal Governments)
Law Enforcement
State Banks
Public Safety
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IV. Bill of Rights First Ten Amendments

• The Bill of Rights were added to the Constitution
  shortly after the Constitution was ratified.
• They were added to protect individuals rights
  and preserve certain freedoms from encroachment
  from the government.

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Amendment 1

• This amendment gives people the right to freedom
  of religion,speech and press. It also protects
  the peoples rights to assemble and petition the
  government.

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Amendment 2

• This amendment states that people shall have the
  right to a well regulated Militia, security of a
  free state and it states that it is the right of
  the people to keep and bear arms.

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Amendment 3

• Government cannot put soldiers in any private
  home without the consent of the owner

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Amendment 4

• The Government does not have the right to
  unreasonable searches and seizure.

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Amendment 5

• No double jeopardy.
• A person does not have to testify against
  himself.
• Every citizen is guaranteed due process.

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Amendment 6

• This is the right to a speedy trial and the
  ability to obtain witnesses in his favor.

Judge Judy
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Amendment 7

• The right to a jury if so desired when the
  controversy is over 20 dollars.
• No fact tried by a jury can be reexamined in any
  court of the united states.

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Amendment 8

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

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Amendment 9

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.

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Amendment 10

• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.

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V. Amendments 11-27

• Amendments 11-27 were added over time to address
  needs that were absent from the original
  Constitution and the Bill of Rights.
• These Amendments are what make the Constitution a
  truly breathing document.

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Amendment 11

• The judicial power of the United States shall not
  be construed to extend to any suit in law or
  equity, commenced or prosecuted against one of
  the United States by citizens of another state,
  or by citizens or subjects of any foreign state.

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Amendment 12

• The electors shall meet in their respective
  states and vote by ballot for President and
  Vice-President, one of whom, at least, shall not
  be an inhabitant of the same state with
  themselves they shall name in their ballots the
  person voted for as President, and in distinct
  ballots the person voted for as Vice-President
• If such number be a majority of the whole number
  of electors appointed and if no person have such
  majority, then from the persons having the
  highest numbers not exceeding three on the list
  of those voted for as President, the House of
  Representatives shall choose immediately, by
  ballot, the President.

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Amendment 13

• Neither slavery nor involuntary servitude, except
  as a punishment for crime whereof the party shall
  have been duly convicted, shall exist within the
  United States, or any place subject to their
  jurisdiction.
• Congress shall have power to enforce this article
  by appropriate legislation.

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Amendment 13
48
Amendment 14

• All persons born or naturalized in the United
  States, and subject to the jurisdiction thereof,
  are citizens of the United States and of the
  state wherein they reside. No state shall make or
  enforce any law which shall abridge the
  privileges or immunities of citizens of the
  United States nor shall any state deprive any
  person of life, liberty, or property, without due
  process of law nor deny to any person within its
  jurisdiction the equal protection of the laws.

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Amendment 14
50
Amendment 15

• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any state on account of race,
  color, or previous condition of servitude.

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Amendment 15
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Amendment 16

• The Congress shall have power to lay and collect
  taxes on incomes, from whatever source derived,
  without apportionment among the several states,
  and without regard to any census or enumeration.

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Amendment 16
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Amendment 17

• The Senate of the United States shall be composed
  of two Senators from each state, elected by the
  people thereof, for six years and each Senator
  shall have one vote. The electors in each state
  shall have the qualifications requisite for
  electors of the most numerous branch of the state
  legislatures
• When vacancies happen in the representation of
  any state in the Senate, the executive authority
  of such state shall issue writs of election to
  fill such vacancies Provided, that the
  legislature of any state may empower the
  executive thereof to make temporary appointments
  until the people fill the vacancies by election
  as the legislature may direct.

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Amendment 17
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Amendment 18

• After one year from the ratification of this
  article the manufacture, sale, or transportation
  of intoxicating liquors within, the importation
  thereof into, or the exportation thereof from the
  United States and all territory subject to the
  jurisdiction thereof for beverage purposes is
  hereby prohibited.

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Amendment 18
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Amendment 19

• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any state on account of sex.

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Amendment 19
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Amendment 20

• The terms of the President and Vice President
  shall end at noon on the 20th day of January, and
  the terms of Senators and Representatives at noon
  on the 3d day of January, of the years in which
  such terms would have ended if this article had
  not been ratified and the terms of their
  successors shall then begin.
• The Congress shall assemble at least once in
  every year, and such meeting shall begin at noon
  on the 3d day of January, unless they shall by
  law appoint a different day.

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Amendment 20
Roosevelt
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Amendment 21

• The eighteenth article of amendment to the
  Constitution of the United States is hereby
  repealed.

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Amendment 21
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Amendment 22

• No person shall be elected to the office of the
  President more than twice, and no person who has
  held the office of President, or acted as
  President, for more than two years of a term to
  which some other person was elected President
  shall be elected to the office of the President
  more than once. But this article shall not apply
  to any person holding the office of President
  when this article was proposed by the Congress,
  and shall not prevent any person who may be
  holding the office of President, or acting as
  President, during the term within which this
  article becomes operative from holding the office
  of President or acting as President during the
  remainder of such term.

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Amendment 22
66
Amendment 23

• The District constituting the seat of government
  of the United States shall appoint in such manner
  as the Congress may direct
• A number of electors of President and Vice
  President equal to the whole number of Senators
  and Representatives in Congress to which the
  District would be entitled if it were a state,
  but in no event more than the least populous
  state they shall be in addition to those
  appointed by the states, but they shall be
  considered, for the purposes of the election of
  President and Vice President, to be electors
  appointed by a state and they shall meet in the
  District and perform such duties as provided by
  the twelfth article of amendment.

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Amendment 24

• The right of citizens of the United States to
  vote in any primary or other election for
  President or Vice President, for electors for
  President or Vice President, or for Senator or
  Representative in Congress, shall not be denied
  or abridged by the United States or any state by
  reason of failure to pay any poll tax or other
  tax.

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Amendment 25

• In case of the removal of the President from
  office or of his death or resignation, the Vice
  President shall become President.
• Whenever there is a vacancy in the office of the
  Vice President, the President shall nominate a
  Vice President who shall take office upon
  confirmation by a majority vote of both Houses of
  Congress.
• Whenever the President transmits to the President
  pro tempore of the Senate and the Speaker of the
  House of Representatives his written declaration
  that he is unable to discharge the powers and
  duties of his office, and until he transmits to
  them a written declaration to the contrary, such
  powers and duties shall be discharged by the Vice
  President as Acting President.
• Whenever the Vice President and a majority of
  either the principal officers of the executive
  departments or of such other body as Congress may
  by law provide, transmit to the President pro
  tempore of the Senate and the Speaker of the
  House of Representatives their written
  declaration that the President is unable to
  discharge the powers and duties of his office,
  the Vice President shall immediately assume the
  powers and duties of the office as Acting
  President.

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Amendment 25
JFK
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Amendment 26

• The right of citizens of the United States, who
  are 18 years of age or older, to vote, shall not
  be denied or abridged by the United States or any
  state on account of age.

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Amendment 27

• No law, varying the compensation for the services
  of the Senators and Representatives, shall take
  effect, until an election of Representatives
  shall have intervened.

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VI. How a Bill Becomes a Law

• The steps required for a bill (proposed law) to
  become a law are very specific under the
  Constitution.
• There is a step by step process which takes
  place.
• Some of the steps are outlined in the
  Constitution while some have evolved under the
  rules of the House and Senate.

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Beginning in the House
United States Capitol Building
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Beginning in the House

• Steps in the House
• Bill is introduced by a member of the House or
  Senate (We will assume it is introduced in the
  House in this example)
• The bill is assigned to the committee in the
  House.
• Hearings are held in committee in the House.
• The bill passes out of committee in the House.
• The bill goes to full House.
• The bill passes full House.

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On To The Senate
Senator Jesse Helms (R-N.C.)
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On To The Senate

• Steps in The Senate
• The bill is assigned to appropriate committee in
  Senate.
• Hearings are held in the Senate committee.
• The bill is passed out of the Senate committee.
• The bill is sent to full Senate
• The bill passes full Senate.

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Reconciliation (Conference Committee)
Current Members of the House and Senate
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Reconciliation (Conference Committee)

• The bill goes to conference committee (conference
  committee is made up of Senate and House members
  to reconcile differences in two versions of
  bill).
• Bill is debated in Conference Committee.
• Reconciled Bill is passed out of Conference
  Committee.

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Back to The Two Houses
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Back to The Two Houses

• Reconciled bill passes both houses (Senate and
  House).

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Presidential Action
President Ronald Reagan
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Presidential Action

• Bill goes to President.
• President either signs or vetoes the bill.
• If the President signs the bill it becomes law.
• If the President vetoes the bill, it goes back to
  congress.

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Back To Congress
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Back To Congress

• Congress may override the Presidents veto by a
  two thirds vote.
• If Congress overrides veto by two thirds vote,
  the bill becomes a law.
• If Congress fails to muster the 2/3 majority
  needed to override the Presidential veto in
  EITHER house, the bill fails and does NOT become
  law.

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VI. Miscellaneous

• Various and sundry items of importance in the
  Constitution.