The Constitution of the United States of America

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The Constitution of the United States of America

• "The American Constitution is, so far asIcan
  see, the most wonderful work everstruck off at a
  given time bythe brain and purpose of man."
• William Gladstone

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Enlightenment American Govt
Locke (1632-1704) A govts power comes from the consent of the people all people are born free equal, with natural rights to life, liberty, and property Declaration of Independence The people have the right to abolish an oppressive govt and est. a new one All men are endowed with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.
Voltaire (1694-1778) ? Free speech ? Bill of Rights Provides protection for freedom of speech
Montesquieu (1689 1755) ? Separation of powers ? Constitution Provides the framework for a federal system of govt powers are divided among the exec, leg, and jud branches of govt includes a system of checks and balances
Rousseau (1712 1778) ? Direct democracy ? Constitution provides the framework for a democratic system of government
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4 Main Principles of the US Const.

1. Popular Sovereignty
2. Limited Government
3. Federalism
4. Separation of powers

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The Preamble

• 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.

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Video Break ?

• http//www.youtube.com/watch?vyHp7sMqPL0g

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Article One The Legislature A Bicameral
CongressThe House of Representatives and the
Senate
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Constitutional Convention Legislative Branch
Plans

• The Virginia Plan
• Three branches of government
• Bicameral legislature
• Proportional (population) representation
• National Executive and National Judiciary

• The New Jersey Plan
• Unicameral Congress
• Equal representation for States of different
  sizes
• Executive committee

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The Great Compromise

• Senate

• House of Representatives

• Equal representation

• Proportional representation

Basically, this is the Virginia Plan but added
the Senate from the New Jersey Plan

• 3/5th Compromise

passed by a single vote
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Powers of the Legislative Branch

• Makes laws
• Collect taxes
• Appropriates money
• Regulates immigration
• Est. post offices roads
• Regulates interstate commerce (trade)
• Declares war

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Powers of the Legislative

• Expressed Powers
• Powers written in the Const.
• Implied Powers
• NOT written in the Const. but still exist.
• Come from the ability of Congress to make any law
  that they deem Necessary and Proper (Elastic
  Clause) ? to help fill in details that were not
  addressed by the express powers in the Const.

Congress has the expressed power to declare war,
according to the Constitution. You need a army.
Therefore, Congress has the implied power of
drafting an army. Sept 11th
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Profile of the 114th Congress
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Article II The Executive Branch The President
and the Federal Agencies
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Powers of the Executive Branch

• Enforces / carries out laws
• Approves laws from Congress
• Commander in Chief of armed forces
• Appoints federal judges, ambassadors, and high
  officials
• Negotiates foreign treaties

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Article III Judicial Branch
The Roberts Court, Back row (left to right)
Sonia Sotomayor, Stephen G. Breyer, Samuel A.
Alito, and Elena Kagan. Front row (left to
right) Clarence Thomas, Antonin Scalia, Chief
Justice John G. Roberts, Anthony Kennedy, and
Ruth Bader Ginsburg
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Powers of the Judicial Branch

• Interpret the laws
• Preserve and protect the rights guaranteed by the
  Const.
• Reviews court cases to do the above
• Declares laws of Congress and acts of the POTUS
  unconstitutional (judicial review)

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Video Break ?

• http//www.youtube.com/watch?vtEPd98CbbMk

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Article IV State Federal Power
Federal SystemA federal government is one in
which the powers of government are divided
between a central government and several local
governments.Yet some powers are shared between
the two as well.
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Write this on your Venn Diagram!!!

• Reserved powers saved for the states
• Concurrent powers shared b/w states and
  national

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Article V Amending clause

1. Congress OR Conventions of States may propose a
   new amendment
2. Ratified by states OR ratified by conventions
   held of States

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Ratification clausewould you ratify the
Constitution?

• Federalists vs. Antifederalists Debate
• The Ratification of the Conventions of nine
  States, shall be sufficient for the Establishment
  of this Constitution between the States so
  ratifying the Same.
• 9 out of 13 states must ratified (approve) the
  Constitution for it to be official

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1. Feared a strong central govt
2. Thought the Const. was enough to protect
   citizens rights
3. Agreed to the BoR as a compromise
4. Worried a list of rights might be seen as the
   ONLY rights people had
5. Thought the Const. needed a list of protected
   rights
6. Opposed the Const. as-is.
7. Believed citizens had rights that should be
   protected
8. Wanted the Const. to be approved as-is
9. Believed in American independence freedom

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Article VIII Amendments (Bill of Rights other
amendments (27 total)

• Freedom of Speech, Religion, Press, Assembly
  Petition
• Right to Bear Arms
• Prohibits Quartering of Soldiers
• Protection against unreasonable Search and
  Seizure
• Protects against the taking of life, liberty, or
  property without due process of law protection
  against self-incrimination
• Right to a defense lawyer, a Speedy Trial, right
  to hear charges, call witnesses, and be present
  when witnesses speak in court
• Right to Trial by Jury
• Protection against excessive bail Cruel
  Unusual Punishment
• The rights expressed in the Const. are not a
  persons only rights
• Powers not given to the US are reserved for the
  states or people.
• ONLY added to the Constitution as a deal to
  get the Antifederalists to ratify the document
  

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Date Purposed
11 1795 Removed cases in which a state was sued without its consent from the jurisdiction of the federal courts.
12 1804 Required presidential candidates to run on a ticket with their vice presidents.
13 1865 Abolished slavery
14 1868 Granted citizenship to all persons born or naturalized in the US banned states from denying any person life, liberty, or property without due process of law and banned states from denying any person equal protection under the law.
15 1870 Extended voting rights to African American males by outlawing denial of the right to vote on the basis of race, color, or previous condition of servitude.
16 1913 Empowered Congress to levy an income tax.
17 1913 Provided for the election of US Senators by direct popular vote instead of by the state legislatures.
18 1919 Authorized Congress to prohibit the manufacture, sale, and transportation of liquor.
19 1920 Extended the right to vote to women
20 1933 Shortened the time between a presidential election and inauguration by designating January 20 as Inauguration Day set January 3 as the date for the opening of a new Congress. (Lame Duck Amendment)
21 1933 Repealed the 18th amendment and empowered Congress to regulate the liquor industry.
22 1951 Limited presidents to two full terms in office.
23 1961 Granted voters in the District of Columbia the right to vote for president and vice president.
24 1964 Forbade requiring the payment of a poll tax to vote in a federal election.
25 1967 Provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of vice president
26 1971 Extended the right to vote to 18-years-old.
27 1992 Banned Congress from increasing its members' salaries until after the next election.
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Why is the government so slow sometimes?

• Bureaucracy non elected officials within a
  government that implement the rules, laws, ideas,
  and functions of the institution (govt
  administration) Red Tape

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