The Constitution

1
The Constitution

• 7000 Words
• 7 Articles

2
The Constitution

• 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.

3
The Constitution

• We the people everyone inside the boundaries, on
  military bases, and sovereign soil
• A more perfect union try to make the country
  better (Articles were bad lets try again)
• Justice fairness in terms of the law
• Domestic tranquility peace at home, social order
  
• Common defense national military
• General Welfare well being
• Secure the blessing of never take away freedom
• Posterity children, future generations
• Ordain and establish make and keep

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The Constitution

• 6 Principles
• 1. Popular Sovereignty rule by the people
• 2. Federalism power divided between the natl
  and state govts
• 3. Separation of Powers power divided among
  branches
• 4. Checks and Balances each branch has some
  power over the others
• 5. Judicial Review federal courts have the
  power to rule laws and actions of govt
  unconstitutional
• 6. limited Govt Const. limits govt lists the
  power it does / does not have

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The Constitution

• Article I
• - established legislative branch (largest)
• - wanted the legislature to be superior
• - consists of 10 sections
• 1. Congress established as 1st branch

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The Constitution

• Powers of the Legislature
• 1. Enumerated the powers specifically given in
  the Const.
• -i.e. make taxes
• 2. Implied read between the lines hidden
  powers, the ones necessary and proper to carry
  out enumerated powers
• -i.e. can make taxes so (can make tax evasion
  illegal)
• 3. Inherent the powers that all countries have
  b/c they are countries
• -i.e. control immigration

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The Constitution

• 2. Established House of Reps.
• a. 2 year terms
• -b. must be 25 years old, US citizen for 7
  years, resident of state you rep.
• -c. each state at least 1 rep. (1/30,000 then
  1/600,000 now)
• - d. vacancies filled by special election called
  by states governor
• - e. Speaker of the House chosen by majority
  party, chooses committee heads and handles
  charges against officials

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The Constitution

• 3. Established the Senate, origionally selected
  by state leg., not the people (kept them
  accountable to the states)
• -a. 6 year term, staggered elections 1/3 at a
  time
• -b. 30 years old, US citizen for 9 years,
  resident of state
• -c. Vice Pres. Leader of Senate, no vote unless
  tied
• -d. President pro tempore, serves in absence of
  VP

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Constitution

• - e. Sole power to try impeachments (not Pres,
  done by Chief Justice), 2/3 vote for impeachment
• - if impeached, a person can be tried in
  civil/criminal courts
• - f. If senate convicts, they can only remove
  from office

10
Constitution

• 4. Elections and Meetings of Members
• -Elections, Tuesday after 1st Monday of Nov.
• - Regular congressional sessions begin on
  January 3rd of the year

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Constitution

• 5. Organization and Rules
• - Quorum required number of reps 50, plus 1
• - each house sets own rules
• - can punish its members
• -expel with 2/3 vote
• - must publish a journal of proceedings
• -neither house can adjourn for more that 3 days
  without the consent of other house

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Constitution

• 6. Pay and Privileges
• - 174,000/year rank and file members
• - 193,000/year majority minority leaders
• - 223,500/year Speaker of the House (orig. 6
  a day)
• - immunity privileges cannot be sued or
  prosecuted for anything said in congress
• - cannot be arrested while in session except for
  treason, felonies, or breach of peace

13
Constitution

• 7. Passing Laws
• - revenue bills begin in the House (Senate can
  Amend)
• - bills must be passed by both houses and
  signed by President who can veto
• -if vetoed, 2/3 vote to override
• -silent veto no Pres. action within 10 days
  becomes law
• -pocket veto no action by Pres. while congress
  is adjourned, bill dies

14
ConstitutionPowers and Duties of Congress

• Section 8 Congress has power to(enumerated
  powers)
• - levy/collect taxes and duties
• - borrow money by issuing bonds
• - regulate commerce (trade) with other nations
  and b/t states
• - set rules of naturalization and bankruptcy
• - coin money and regulate its value set a
  standard of weights and measures

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ConstitutionPower and Duties of Congress

• - devise punishment for counterfeiting
• - established post office post roads
• - established process of copywriters/patents
• - set up courts below the U.S. Supreme Court
• - define, set rules regarding piracy and
  felonies committed at sea

16
Constitution Power and Duties of Congress

• - declare war (President requests it, congress
  decides)
• - raise maintain an army/navy
• - pass regulation that guide military discipline
  
• - the organization of the national guard
  regulated by states, but Congress my pass
  legislation allowing them to govern National
  Guard
• - they my make and pass laws for Wash. D.C.
• - Elastic Clause (necessary and proper) can make
  laws needed to execute previously mentioned laws
  

17
Constitution Powers and Duties of Congress

• Section 9
• - Has dates that were set regarding the slave
  trade
• - stops in 1808, can set a tax up 10 per
  slave
• - Habeas Corpus can not be suspended except in
  the cases of rebellion or invasion, to protect
  public safety
• - HC those under arrest must be brought to
  court to show just cause for holding
• - There can be no Bill of Attainder (punishment
  of a person without a jury trial), or Ex Post
  Facto (a law making an act a crime after the act
  was committed)

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ConstitutionPower and duties of Congress

• - cant set export tax
• - cannot favor a state or region over another in
  trade
• - No money can be drawn from U.S. treasury
  without being appropriated by Congress
• - The U.S. cannot issue titles of nobility

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Constitution Powers and Duties of Congress

• Section 10
• - States may not conduct foreign affairs
• - States cannot levy taxes on exports or imports

20
Constitution

• Article II Executive Branch
• Section 1
• Terms 4 year and with the 22nd Amendment, a
  maximum of 2 terms
• Each state, in the terms set up by their
  legislature will choose electors
• The number of electors each state has is based on
  the number of reps and senators the state has
• This is the electoral college
• These individuals are now nominated by the
  political parties

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Constitution

• The Tuesday after the 1st Monday in Nov. is
  general election day
• The Monday after the 2nd Wed. in Dec. is the day
  electors cast their electoral votes at their
  state capitals
• Jan. 6th, Congress counts and verifies the
  electoral votes, 270 needed to win the election,
  if not , House of Reps. (1 vote per state) votes
• Jan 20th is Inauguration Day

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Constitution

• Qualifications
• A natural born U.S. citizen
• 35 yrs old
• Resident of the U.S. for at least 14 plus yrs
• All these qualifications apply to the VP as well

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Constitution

• Vacancy in office
• Death, resignation, or removal by impeachment
• - VP takes office
• Amendment 25 addresses disability, and
  succession

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Constitution

• Salary
• Currently 400,000 (Originally 25,000)
• 55,000 expense account, and 120,000 non-taxable
  travel entertainment allowance
• VP 202,900 along with pension
• Oath of Office usually administered by Chief
  Justice

25
Constitution

• Section 2
• Powers of the President
• many of these powers are not found in the
  Constitution but are a result of precedent and
  court decisions along with the expansion of
  government over time

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Constitution

• Commander and Chief over the Army, Navy, and
  National Guard called into service
• May require the opinions of principal officers of
  each executive department
• -i.e. the cabinet which is only alluded too
• - Has the power of reprieves and pardons (for
  federal law issues) except for impeachment

27
Constitution

• Treaties and appointments
• - Is the chief figure regarding foreign policy,
  and is responsible for conducting foreign
  relations
• -treaties must be approved by 2/3 of senators
  present as well as for some Presidential
  appointments

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Constitution

• Filling Vacancies
• - Pres. appoints individuals to various
  positions which need to be approved by senate
• -If congress is not in session the Pres. Can
  make recess appointment
• -it is temporary, and expires at end of
  congressional term
• - often controversial because they are used
  commonly when the Senate refuses a nominee

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Constitution

• Section 3
• - the Pres. Must give a State of the Union from
  time to time (generally given in January)
• - may call for a special session for either or
  both houses
• - Pres. Will receive ambassadors and foreign
  officials
• - must execute all laws faithfully

30
Constitution

• Section 4
• - Pres. And VP may be impeached
• -i.e. treason, bribery, high crimes, and some
  misdemeanors

31
Constitution

• Article III Judicial Branch
• -Sec. 1
• - Judicial power is vested in one supreme court
• - The U.S. Supreme Court
• - Inferior courts may be established by Congress
  
• - usually serve for life or until they retire
• - pay cannot be diminished allows for judges to
  be impartial and immune to political pressures

32
Constitution

• Sec. 2
• - addressing of statute laws
• -i.e. laws passed by Congress
• - addresses treaties and cases regarding the
  Constitution

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Constitution

• Sec. 3
• -Defines treason
• -levying war vs. U.S. or helping enemies
• - requires at least 2 witness present to
  testify
• -punishment could be death, and cannot be
  passed to children, parents property cannot be
  taken from children
• - It was placed here because monarchs would use
  the charge of treason to remove opposition, and
  framers wanted relief from this

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Constitution

• Article IV Relations between States
• -Sec. 1
• - Full Faith and Credit shall be given to the
  public acts, records, and judicial proceedings of
  every other state
• -acts laws
• -records mortgages, wills, marriage licenses,
  leases
• -judicial proceedings only applies to civil
  law

35
Constitution

• Sec. 2
• -Privileges and immunities
• -states cannot treat nonresidents differently
  than its own citizens
• -only applies if passing trough, living,
  marrying, using courts
• -does not apply to voting, certain
  professions, state university fees

36
Constitution

• - Extradition accused persons who flee to
  another state must be returned to the state where
  the crime was committed.
• -Congress has made it a federal crime to
  flee, this closes some loopholes

37
Constitution

• Sec. 3
• - admission of states, and it can only be done
  by Congress, which sets the guidelines for
  applying
• - Congress has this power regarding territories
• -but does not grant the power to acquire new
  land

38
Constitution

• Sec 4
• - Guarantees a republican form of Govt
• -Promises all states
• 1. they have power and responsibility of
  electing officials
• 2. the federal govt is bound to protect them
  from foreign invasion
• 3. states may call federal govt to quell
  domestic violence

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Constitution

• Article V
• -How to amend the Constitution
• - 2 possibilities
• 1. requires 2/3 vote of each chamber of
  Congress, and ratification by 3/4 of all state
  leg.
• -most common method

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Constitution

• -2. requires 2/3 of the states legs. to call for
  a constitutional convention
• -never used
• - every section of the Constitution is able to
  be changed/amended except
• - states must have equal representation in the
  Senate
• - slave trade is untouchable until 1808

41
Constitution

• Article VI
• -Supremacy of Constitution
• 1. Federal law takes precedent over state law
• 2. All state and federal official must pledge by
  oath to support and uphold the Constitution

42
Constitution

• 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
• Virginia - June 25, 1788
• New York - July 26, 1788
• North Carolina - November 21, 1789
• Rhode Island - May 29, 1790

• Article VII
• - 9 of 13 states must ratify for adoption of
  Con.
• - became effective June of 1788