Constitution Handbook Reading Notes

Transcription

1 Constitution Handbook Reading Notes

2 How to Read the Constitution The Constitution is organized into 3 basic parts. -Articles -Sections -Clauses Section 1. Legislative powers; in whom vested Example ARTICLE I: Legislative Branch All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 2

3 How to Read the Constitution Section 1. Legislative powers; in whom vested Article I, Section 2, Clause 1 Or I-2-1 Example ARTICLE I: Legislative Branch All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of 3 that State in which he shall be chosen.

4 How to Read the Constitution 7 Articles of the Constitution- Write this on the back of your packet Article I- Legislative Branch (Congress) Article II- Executive Branch (President) Article III- Judicial Branch (Supreme Court) Article IV- Relations among the states Article V- How to amend (change) the Constitution Article VI- Supremacy of National Law, Oath of Office, National Debt Article VII- Ratification of the Constitution 4

5 U.S. Constitution Principles of the Constitution Text Popular Sovereignty- The people rule. They have the ability to govern themselves through voting. 2. Republicanism- People exercise their power in government by voting for their representatives. 3. Federalism- Both the Federal and State governments have their own power, and they share others. Delegated (enumerated) Powers- Federal Powers, Reserved Power- State Powers, Concurrent Powers- Shared. 4. Separation of Powers- Divided the power of government into branches, so that no one part could become too strong. 5. Checks and Balances- Each branch of government can exercise checks, or controls, over the other branches. 6. Limited Government- The rule of law prevails in American government. No one is above the law, even members of the government. 7. Individual Rights- The Bill of Rights shields people from an overly powerful government. Popular Sovereignty Republicanism Federalism Separation of Powers Checks and Balances Limited Government Individual Rights

6 Leadership Which ever party has the majority chooses the leadership. Senate President of the Senate Vice President Joe Biden (D) United States President Pro Tempore Daniel Inouye (D) Hawaii Majority Leader Harry Reid (D) Nevada Minority Leader Mitch McConnell (R) Kentucky

7 House of Representatives Leadership Which ever party has the majority chooses the leadership. Speaker of the House John Boehner Ohio (R) Majority Leader Minority Leader Eric Cantor Virginia (R) Nancy Pelosi California (D) 7

8 Types of Committees Standing- Are permanent committees. Most bills that go through the Congress go through a standing committee. Select or Special- Is a temporary committee set up to deal with a specific bill not covered by a standing committee. Joint- Can be either a Select or Standing committee. Has members from both the Senate and House. They investigate other areas of government or the private sector on behave of the Congress. Conference- As a bill goes between the two house of Congress, the language of the bill is sometimes changed. A conference committee is call to re-write the bill so its final form matches what both the HR and the Senate want. This committee is made up of members from both houses of Congress.

9 Congressional Committees Each newly elected member of Congress is assigned to a committee. Both political parties (Democrat and Republican) have members on each committee, but the majority of the members on the committee come from the majority party. Each committee is headed by a chairman.

10 Congressional Committees Senate Standing Agriculture, Nutrition, and Forestry Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works Finance Foreign Relations Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs Judiciary Rules and Administration Small Business and Entrepreneurship Veterans Affairs Joint Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging

11 Congressional Committees House of representatives Standing Committee on Agriculture Committee on Appropriations Committee on Armed Services Committee on the Budget Committee on Education and Labor Committee on Energy and Commerce Committee on Financial Services Committee on Foreign Affairs Committee on Homeland Security Committee on House Administration Committee on the Judiciary Committee on Natural Resources Committee on Oversight and Government Reform Committee on Rules Committee on Science and Technology Committee on Small Business Committee on Standards of Official Conduct Committee on Transportation and Infrastructure Committee on Veterans' Affairs Committee on Ways and Means Joint Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation Select House Permanent Select Committee on Intelligence

12 Constitution Handbook Create a Flow map showing the process of how a bill becomes a law. Explain the steps how a bill becomes a law. All laws start out as a bill, or a proposed law. The process of turning a bill into a law is very difficult. The Founding Fathers made it this way so elected representatives would have time to think about their decisions. A bill can be written and introduced into the Congress by any of its member. A bill may start in either house of the Congress. -Except bills dealing with money (like taxes or spending $) they must always be introduced, or start in the House of Representatives.

13 House of Representatives (HR) 1. Bill is Introduced Read into the record and assigned a # How a Bill Becomes a Law Bill can start in either house Senate (S) 1. Bill is Introduced Read into the record and assigned a # 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 218/ Conference Committee Re-write the bill so the language is the same form both houses 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 51/ The President signs the bill. 5. Final Vote- 51% to pass both houses Goes to the President 8. Bill becomes a Law 7. President can stop the bill by vetoing it. Congress can override the President s veto by a 2/3 vote, (HR-290/435 and S-67/100) in each house of Congress. 13

14 Filibuster Use the article given to you in class to answer the following questions in your packet in the additional notes page 1. What is a Filibuster? 2. Which house of Congress can use this power? 3. Name the politician who created the modern filibuster. 4. What is Senate rule #22? 5. Why would a politician use a filibuster? 14

15 Powers of the Executive Branch Main Job The Executive Branch is responsible for enforcing the laws made by the Congress. He/she does this by signing bills passed in Congress.

16 George Washington's Legacy Washington established several precedents (traditions) that future Presidents would follow out of respect for Washington. The actions Washington took are not listed in the Constitution as powers given to the President. 1. Serving only two-terms (term 4 years) of office. 22 nd Amendment made this a permanent change after Giving the state of the union address every year. 3. Created the cabinet. 16

17 Cabinet There are 15 cabinet positions. Each position is called a department and is headed by a secretary. The Cabinet serves as a group of advisors to the President. The President appoints the secretaries to head each department. The Senate must approve these appointments 17

18 Cabinet Cabinet Departments: State- Foreign Affairs, Embassies Treasury- Money supply, US Mints Defense- Armed Forces- Army, Navy/ Marines, Air Force Interior- National Parks, BIA Justice- FBI, Marshals, ATF, DEA, Federal Prisons Agriculture- Crops, livestock and farmland Commerce- Trade Labor- Health and safety of workers Health and Human Services- Health care issues Housing and Urban Development- Safe, affordable housing Transportation- FAA, Regulate the country s transportation systems Energy- Regulate and look at energy use for the country. Education- Ensure educational access, and quality. Veterans Affairs- To assist Veterans Homeland Security- Protect the nation from outside attacks 18

19 White House Staff and independent Agencies. The leadership of the White House Staff consists of the President and Vice-President of the United States. Barack Obama President (D) Joe Biden Vice-President (D) 19

20 White House Staff and independent Agencies. White House Staff and Independent Agencies are another group of special advisory to the president. Examples White House staff are people employed to work directly for the President. EPA- Environmental Protection Agency OMB- Office of Management and Budget CIA- Central Intelligence Agency NASA- National Aeronautics and Space Administration 20

21 Electing the President ELECTORAL COLLEGE- Is only used to pick the President of the United States and Vice President. The President and Vice-President run together during the election. The Electoral College is a group of people (electors) picked by their state to cast the final vote for president after the general election. Electors are citizens chosen by their state to cast a vote for the person they want to be President. Every state is worth so many Electoral College votes. The number of votes a state has in the Electoral College is based on the number of representatives that state has (which is based on the population of that state) and that state s two senators. Arizona = 11 Electoral Votes 9 Representatives + 2 Senators = 11 Electors The candidate that receives the greatest popular vote wins all of the state s electoral votes. Winner Takes All The Electoral College meets in December after the general election to cast their votes.

22 Electing the President. Electoral College Map 22

23 Electing the President The first candidate to win 270 Electoral College votes out of 538 votes is declared the winner of the election. 435 (HR) (Senate) + 3 Washington DC Electors = 538 The Electoral College was set up as a way to safeguard against the people making a bad choice for President. When the Electoral College was originally created electors did not have to vote for the candidate that received the most popular votes in their state. Today, the electoral college is more of a formality. Most states have passed laws requiring electors to cast their vote for the candidate that receives the most popular votes.

24 Constitution Handbook Election of 2000 Bush v. Gore Answer in your reading packet 1) What was the controversy in the 2000 election? 2) Do you feel the Electoral College is still necessary as a way to elect the President?

25 Presidential Succession 25 th Amendment (1967)- If the President of the United State dies in office, the Vice President will assume the position of the presidency. The 25th amendment allows for the Vice President to become president in the event of death, resignation, removal from office or impairment that prevents the current president from fulfilling his or her duties.

26 Presidential Succession Presidential Succession Act of Vice President 2. Speaker of the House 3. President Pro Tempore of the Senate 4. Secretary of State 5. Secretary of the Treasury 6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture 10. Secretary of Commerce 11. Secretary of Labor 12. Secretary of Health and Human Services 13. Secretary of Housing and Urban Development 14. Secretary of Transportation 15. Secretary of Energy 16. Secretary of Education 17. Secretary of Veterans Affairs 18. Secretary of Homeland Security

27 Powers of the Supreme Court The Supreme Court looks at laws, and actions of both the Federal and state government to see if they are constitutional (doesn t go against the Constitution). Highest Court in the U.S.. This power is held by the Supreme Court any other inferior courts that Congress creates. Supreme Court Building

28 Powers of the Supreme Court The main power of the Supreme Court is Judicial Review. This is the Court s power to declare laws or actions made by the other two branches unconstitutional. The power of Judicial Review is not directly given to the Supreme Court in the Constitution, but was created in a very famous Supreme Court case called Marbury v. Madison by the Chief Justice at that time John Marshall. William Marbury John Marshall James Madison

29 U.S. Supreme Court Front row: Associate Justices Clarence Thomas, Antonin G. Scalia, John Paul Stevens, Chief Justice John G. Roberts, Anthony M. Kennedy, Ruth Bader Ginsburg Back row: Associate Justices Sonia Sotomayor. Stephen Breyer, Samuel A. Alito, and Elena Kagen

30 Organization of the Judicial Branch The Supreme Court- consists of 9 people altogether. 1 Chief Justice and 8 Associate Justices. (Justice = Judge) U.S. Courts of Appeals- Is underneath the Supreme Court there are the 12 Courts of Appeals. Each Appeals Court has 3 judges who look at the decisions of the lower federal Courts to decide if the ruling of the lower court was correct. Appeals courts check to make sure the lower court applied the law correctly, and that the trial was fair. They are not concerned with guilty or innocence. * There is a13th Court of Appeals which hears appeals from special federal courts. District Courts- There are 94 District Courts across the United States. Each state has at least one district court. They are the courts of original jurisdiction in the Federal government. They handle the majority of the workload in the Federal court system. These courts have a judge and a jury. Special Federal Courts- Hear cases dealing with special areas of federal law. i.e.- Patent Law, Customs Law, Tax Law

31 Structure of the Judicial Branch U.S. Supreme Court State Supreme Court Special Federal Courts Patent Law, Tax Law, Customs Law U.S. Courts of Appeals State Appeals Courts U.S. District Courts Federal Trial Courts State Trial Courts In AZ they are called Superior Courts Cases dealing with state or local laws Cases involving Federal laws Cases involving a state gov t or foreign diplomat

32 Checks and Balances - Text p. 281 Congress 1. Override the President s veto 2. Impeachment- House of Reps. Brings charges and the Senate holds a trial 3. The Senate ratifies treaties made by the President 4. Senate confirms presidential appointments to the Federal Courts, ambassadors, positions in the executive branch and cabinet 1. Confirms appointments 2. Establish new courts 3. Impeach justices/ judges 4. Pass an amendment to the Constitution White House Supreme Court Building

33 Checks and Balances - Text p Make a thinking map showing how the different branches of government check each others power. White House 1. Veto a bill 2. Call Congress into a special session 3. Propose laws 1. Pres. Can appoint justices 2. Pres. can pardon criminals Congress Supreme Court Building

34 Checks and Balances - Text p Make a thinking map showing how the different branches of government check each others power. Supreme Court Building 1. Judicial Review- declare actions of the President unconstitutional 1. Judicial Review- can declare laws made by Congress unconstitutional. White House Congress

35 Marbury v. Madison Use the article given to you in class to answer the following questions in your SQ3R Notebook 1. Explain the details of the case- year, persons involved, issue of the case. 2. How did this case create judicial review. Be sure to explain what judicial review is. 35

36 Amendments 1-10, The Bill of Rights Text p Amendment- Is an addition or change made to the Constitution. The Constitution has been amended 27 times. First 10 amendments to the Constitution is known as the Bill of Rights. These amendments list out a citizens basic rights under the Constitution. It was written by James Madison, and added to the Constitution to help get it ratified. Tells what the government can t do.

37 1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

38 1 st Amendment Freedom of religion. The government can t require citizens to follow or practice a particular religion. Citizens may practice or not practice any religion that they wish.

39 Freedom of speech. 1 st Amendment The government can t prevent or stop a person from speaking out against the government. This includes more than just verbal speech. It can also include written words, works of art, any kind of technology that allows people to communicate with each other.

40 1 st Amendment Freedom of the press. The government can t prevent or stop any news medium from reporting stories or information about the government. This would include the internet, television, radio, magazines and newspapers.

41 1 st Amendment Freedom to peacefully assemble. The government can t prevent or stop any person who wants to lawfully and peacefully protest.

42 1 st Amendment Freedom to petition the government for a redress of grievances. A citizen can ask the government to explain its actions.

43 When can the government deny freedom of speech? 1) Make false statements against someone that causes them harm. Ex- Slander (spoken) or Libel (written) 2) If the speech threatens national security. 3) If the speech encourages others to break the law or incite others to use violence. 4) If the speech causes panic and results in people to getting hurt. 5) Words that present a clear and present danger to others or the United States.

44 Schenck v. United States 1919 Charles Schenck was arrested and charged with passing out pamphlets trying to persuade young men not to enter the draft during WWI. The Supreme Court and Chief Justice Oliver Wendell Holmes affirmed the lower court ruling stating that Schenck s actions were unlawful, and were a clear and present danger to the United States war effort. Can t yell fire in a crowded theatre Oliver Wendell Holmes 44

45 2 nd Amendment The right to bear (have) arms (firearms), and to have a well regulated militia.

46 3rd Amendment Government can t force citizens to quarter (house) soldiers in their homes during peace time.

47 4th Amendment The government may not conduct unreasonable searches and seizures. Law enforcement must have probable cause, and a search warrant that names the exact places to be searched and persons or things to be seized.

48 4th Amendment Mapp v. Ohio (1961)- Evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts. Established the Exclusionary Rule. Terry v. Ohio (1968)- Terry Stop/Search (Frisk). The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform what is called a "Terry Stop," and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest." For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop." During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.

49 5th Amendment A person can t be put on trial for a capital crime (crime punishable by death), or infamous crime (crimes punishable by prison or a loss of rights) unless the case is heard by a grand jury. *A grand jury is a group of between citizens who hear a case first to see if there is enough evidence to go on with a regular trial.

50 5th Amendment Due Process- A person can t be deprived of life, liberty, or property without a fair trial. Eminent Domain- Private property can t be taken away for public use unless the person is compensated. Double Jeopardy- The government can t put a person on trial for the same crime twice. Exception: if a person is found guilty because of a legal error, then you can be tried again. Don t have to be a witness against yourself- An accused person doesn t have to answer questions asked by the government.

51 5th Amendment Miranda Warning- No person accused of a crime may be forced to be a witness against him or herself, because in the eyes of a jury or court it may make the accused look guilty. Starting in 1966, after the Miranda v. Arizona Supreme Court case, police now have to tell those accused of a crime that they have the right to remain silent, and if they say something it can be used against them in a court of law. They have the right to an attorney, and if they can t afford one the government will provided one free of cost. Ernesto Miranda

52 6th Amendment Right to a fair, speedy, public trial, with a jury in all civil and criminal cases. The right to an attorney (lawyer) must be provided in all criminal trials. Civil Law cases = Cases between two or more private citizens. Criminal Law cases = The government brings charges against a citizen for breaking the law. After the Supreme Court case of Gideon v. Wainwright, (1963). In all criminal cases, both federal and state courts must appoint a lawyer to an accused person if he/she can t afford one. Clarence Earl Gideon

53 7th Amendment A trial by jury may be allowed in civil cases dealing with property or money as long as the value in dispute is over $ An appeals court can only overturn a jury trial s decision if they find that a legal error was made in the trial.

54 8th Amendment Courts can t charge too high amount of bail to the accused. The accused is protected against cruel and unusual punishments.

55 9th Amendment Citizens of the United States are entitled to other rights not stated in the Constitution.

56 10th Amendment Powers not specifically given to the federal government in the Constitution, belong to the states or people. ** This is the one amendment in the Bill of Rights that does not deal with a person s rights.

57 Gideon v. Wainwright Miranda v. Arizona Read the case studies given to you in class and answer the following questions in your unit packet. 1. Explain the Supreme Courts ruling in Gideon v. Wainwright. Do you agree with it? Explain. 2. Explain the Supreme Court s ruling in Miranda v. AZ. Do you agree with it? Explain.

58 Citizenship Text p A citizen is a legal resident of a city, state, or country. A person who is not yet a citizen is called an alien.

59 Citizenship Text p Born in the United States or on U.S. Territory 2. One or both of your parents are citizens 3. If your parents become citizens (naturalized) before you turn 18 years of age 4. Naturalized Naturalization is the process you go through to become a citizen. 59

60 Citizenship Text p Naturalized Naturalization is the process you go through to become a citizen. 1. Must be 18 years old to be naturalized- Children under 18 become citizens automatically if their parents are naturalized. 2. Live in the U.S. 5 years. 3. Entered the U.S Legally. 4. Read, write and speak English. 5. Take a test showing knowledge of American history and government 60

61 Citizenship Text p Basic Rights or Civil Rights- Bill of Rights Protection from unfair government action Equal treatment or protection under the law- 5 th Amendment and the 14 th Amendment

62 Citizenship Text p Personal Responsibilities Taking care of yourself Helping your family Knowing the difference between right and wrong Behaving in a respectful way Voting- being politically involved Civic- Think of these as legal requirements Obeying the law, Serving on juries Paying taxes Attending School Defending your country- Men must register with the selective service when they turn 18, being drafted in the armed forces.