The Constitution of the. United States

Transcription

1 The Constitution of the United States

2 In 1215, a group of English noblemen forced King John to accept the (Great Charter). This document limited the powers of the king and guaranteed important rights to noblemen and freemen. They could not have their property seized by the king. They could not be taxed without the agreement of a council of prominent men. They could also not be put on trial without witnesses and could only be punished by a jury of their peers.

3 The Magna Carta: limited the monarch s right to levy taxes without consulting the nobles. protected the right to property. guaranteed the right to trial by jury.

4 In 1688, religious disputes led England s Parliament to overthrow Catholic King James and replace him with his Protestant daughter Mary and her husband William of Orange. This came to be known as the. In 1689, William and Mary agreed to respect the rights of English citizens and of Parliament.

5 American Colonists expected their rights to be respected. The established the principle that government is based on laws made by Parliament, not the desires of a ruler. English citizens were guaranteed certain rights: Free elections and frequent meetings of Parliament Excessive fines and cruel punishments were forbidden People had the right to complain about the government The King or Queen could not cancel laws or impose taxes unless Parliament agreed

6 Enlightenment thinkers emphasized reason and science as the paths to knowledge. Benjamin Franklin devoted his life to science and public service. John Locke argued that people have natural rights and challenged the belief that kings have a God-given right to rule.

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9 Seven Principles of the United States Constitution Republicanism Separation of Powers Limited Government Popular Sovereignty Federalism Checks & Balances Individual Rights

10 Popular Sovereignty We the people of the United States... These words from the Preamble to the Constitution clearly spell out the source of the government s power. The Constitution rests on the idea of, or the people are the source of the government s authority.

11 Republicanism The Framers of the Constitution wanted the people to have a voice in government. They also feared that public opinion might stand in the way of sound decision making. is based on these beliefs. Citizens elect representatives to carry out their will. The Constitution also calls for every state to have a republican form of government.

12 Federalism is the division of power between the federal government and the states. The Constitution assigns certain powers to the national and state governments.

13 Separation of Powers is the division of basic government roles into branches. The Framers of the Constitution built this idea into our government to keep too much power from falling into the hands of a single group. United States Constitution Article 1 Legislative Branch Congress makes the laws. Article 2 Executive Branch The President enforces the laws. Article 3 Judicial Branch Supreme Court interprets the laws.

14 Three Branches of Government

15 Checks and Balances The Framers included a system of in the Constitution to help make sure that the branches work fairly together. Each branch of government has the power to check, or limit, the actions of the other two. Though the branches of government are separate, they rely on one another to perform the work of government.

16 Checks and Balances

17 Limited Government LIMITED The principle of means the government has only the powers that the Constitution gives it. In the United States everyone, citizens, and powerful leaders must obey the law. Individuals or groups are also not supposed to be allowed to twist or bypass the law to serve their own interests.

18 Individual Rights The first ten amendments to the Constitution shield people from an overly powerful government. These amendments are called the Bill of Rights. The Bill of Rights guarantees certain, or personal freedoms and privileges.

19 The Constitution is divided into three main parts:, or opening statement; ; and. The Articles form the main body of the Constitution and is divided into seven sections. There are 27 Amendments or formal changes to the Constitution.

20 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.

21 Form a more perfect Union Establish Justice Insure domestic tranquility Six Goals of the Constitution Provide for the common defense Promote the general welfare Secure the blessings of liberty

22 PREAMBLE EXPLANATION EXAMPLES Form a more perfect Union Goals of the Preamble All states should work together as a unified nation Interstate road network US coins & paper money Establish justice Insure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty to ourselves and our posterity Everyone should be treated equally and fairly under the law To insure peace and order at home Protect citizens against foreign attack Contribute to the happiness and wellbeing of all citizens Value and protect the rights of citizens Court system Jury system National Guard Federal marshals Army Navy Safety in the workplace Aid to the poor Civil Rights Commission Federal Election Commission

23 The Articles of the US Constitution

24 Article 1: The Legislative Branch Candidate s Requirements Term of Office Number of Members Per State House of Representatives 25 years old, Citizen of US for 7 years, Resident of state 2 year term, no term limits Based on population Senate 30 years old, Citizen of US for 9 years, Resident of state 6 year term, no term limits Based on equality, Two from each state

25 The Legislative Branch The Speaker of the House is the presiding officer in the House of Representatives. The Speaker is selected by the members of the House and is usually a member of the majority party. The Vice President of the U.S. is in charge of all meetings of the Senate. He can only vote in the event of a tie. If the VP is absent, senators choose an alternate leader known as the president pro tempore (temporary president).

26 The Powers of Congress The main duty of the Legislative Branch is to make the laws. The Constitution also gives Congress certain specific powers. These include the powers to tax, borrow money, regulate trade, coin money, establish a system of weights and measures, establish a post office, naturalization (the process by which a person can become a U.S. citizen), provide a military, and declare war. The powers given to Congress can be divided into three areas: enumerated powers, implied powers, and inherent powers.

27 The Powers of Congress Enumerated powers are powers specifically given to the Congress by the Constitution. They are written. An example would be the power to declare war. Implied powers are powers given to the Congress that are general. They are stated, but not a lot of detail is given. An example would be the clause that states, To establish post offices and post roads. More is needed to run a post office than just roads. It is assumed that Congress will take care of the details. Inherent powers are not listed in the Constitution, but government must have them in order to run smoothly. For example; the need to conduct foreign affairs.

28 ELASTIC CLAUSE 13 States agricultural rural Population about 4 million people 1787 The Elastic Today Clause allows future generations to expand the meaning of the Constitution. 50 States industrial high-tech urban Population about 300 million people.

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30 Article 2: The Executive Branch Roles of the President Chief Executive Commander in Chief Chief of State & Chief Diplomat Legislative Leader Head of Political Party Term of Office Qualifications President 4 year term, limit of two terms 35 years old, Naturalborn US citizen for 14 years

31 The Electoral College American voters do not choose their president directly. Members of the Electoral College actually elect the president. Each state s number of electors is equal to the number of its senators and representatives.

32 The Executive Branch The job of the executive branch is to carry out, or execute the law. The President is the chief executive and head of the executive branch, but many thousands of people work for the President. The Vice President is second in command. The executive branch handles much of the day-to-day work of the country. The President relies on a group of advisors called the Cabinet. Each advisor is given the title of Secretary and each is in charge of one of the departments of the executive branch. Traditionally the most important departments are the State Department, the Department of Defense, the Department of the Treasury. The President and VP are chosen by the electoral college based on results from presidential elections.

33 The Roles of the President Chief Executive Commander in Chief Legislative Leader Chief of State Chief Diplomat Head of Political Party

34 The President s Cabinet

35 The President, Vice- President and all civil officers of the United States can be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Impeachment

36 Article 3: The Judicial Branch The Supreme Court and other federal courts have the power to rule in cases involving the Constitution, national laws, treaties, and states conflicts. The main duty of the Judicial Branch is to interpret the law. Supreme Court Justices have unlimited terms and no age or residency requirements. allows the Supreme Court and other federal courts to play a key role in lawmaking. Judges can examine a law or government activity and then decide whether it violates the Constitution. The Supreme Court established this important right in the case Marbury v. Madison, 1803.

37 Amending the Constitution Proposing Amendments Ratifying Amendments 2/3 vote of both houses of Congress 2/3 of state legislatures call for national convention 3/4 approval of state legislatures 3/4 approval at state conventions

38 Amending the Constitution

39 The Amendments The Bill of Rights Amendments 1-10 Personal Freedoms Personal Security Rights of the Accused Amendments Our living Constitution changes with the times.

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41 The Five Freedoms Freedom of Religion First Amendment Religious & Political Freedom Freedom of Assembly Freedom of Speech Freedom of Petition Freedom of the Press

42 The Bill of Rights Second Amendment The Right to Bear Arms Third Amendment No Quartering Troops Fourth Amendment Search and Seizure

43 The Bill of Rights DOUBLE Fifth Amendment Rights of Accused Persons Not compelled to be a witness against yourself Not deprived of life, liberty, or property, without due process of the law Private property shall not be taken without just compensation

44 The Bill of Rights Sixth Amendment Right to a Speedy, Public Trial Seventh Amendment Trial by Jury in Civil Cases Eighth Amendment Limits of Fines and Punishments

45 The Bill of Rights Ninth Amendment Rights of People Tenth Amendment Powers of States and People

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47 The Amendments Eleventh Amendment Lawsuits Against States Twelfth Amendment Election of Executives

48 The Amendments Thirteenth Amendment Slavery Abolished Fourteenth Amendment Civil Rights Fifteenth Amendment Right to Vote

49 The Amendments Sixteenth Amendment Income Tax Seventeenth Amendment Direct Election of Senators Eighteenth Amendment Prohibition

50 The Amendments Nineteenth Amendment Woman Suffrage Twentieth Amendment Lame Duck Sessions Twenty-first Amendment Repeal of Prohibition

51 The Amendments Twenty-second Amendment Limit on Presidential Terms Twenty-third Amendment Voting in District of Columbia Twenty-fourth Amendment Abolition of Poll Taxes

52 The Amendments Twenty-fifth Amendment Presidential Succession Twenty-sixth Amendment 18-year-old Vote Twenty-seventh Amendment Congressional Pay

53 Order of Succession to the Presidency Vice President of the United States Joseph R. Biden Speaker of the House of Representatives John A. Boehner President pro tempore of the Senate Patrick Leahy Department of State Secretary John Kerry Department of the Treasury Secretary Jacob J. Lew Department of Defense Secretary Chuck Hagel Department of Justice Attorney General Eric H. Holder, Jr.

54 Know Your Rights BASIC FREEDOMS Freedom of Religion Freedom of Speech Freedom of the Press Freedom of Assembly Freedom of Petition PERSONAL PROTECTIONS The Right to Bear Arms Freedom from Quartering Soldiers Protection from Unreasonable Search and Seizure The Right to a Speedy & Public Trial by Jury No Excessive Bail or Fines Protection from Cruel and Unusual Punishment EQUAL PROTECTION UNDER THE LAW No Slavery The Right to Vote for All Citizens Over 18 Protection from Discrimination

55 Your Responsibilities as a Citizen Under 18 Take responsibility for your behavior. Attend and do well in School. Help your Family. All Ages Obey Rules & Laws. Be Tolerant of Others. Pay Taxes. Volunteer for a Cause. Stay Informed. Vote. Over 18 Serve on a Jury. Defend your Country.