Hysteria Clip Government

Transcription

1 Hysteria Clip Government Articles of Confederation Laws holding colonies together prior to the Constitution. George Washington Chairman of Constitutional Convention James Madison Father of Constitution Federalist papers Hamilton, Jay, Madison wrote them to get the people to support the Constitution. Ind. Hall, Philadelphia - 55 delegates at Constitutional Convention Preamble Ben Franklin (Beginning) What government is suppose to do. 7 Articles Organizes Government (Leg - Makes laws, Ex Enforces laws, Jud explains laws, other organizes) Amendments - Constitution can grow with the country. 27 Amendments 1 st 10 Bill of Rights others Down Sides Civil War, Lots of Laws/ Upsides Rights, Freedoms, Representative Democracy Quote Ben Franklin Those who would trade security for liberty deserve neither (beware allowing to much power to government)

2 Establish Justice Provide for common defense Insure domestic Tranquility Promote general welfare Secure blessings of liberty What your Government is Suppose to Do SH Clip What would you want your govnt to do? Ordain and establish constitution

3 Constitution Pop What are the 3 parts to the Constitution currently. Be specific? 4. Prior to the Constitution, this document held the colonies together? 5. These people wanted the Constitution, and a strong Central Government? According to the preamble in the US Constitution, what 5 things is the Government suppose to be doing?

4 Constitution pop Who was the Chairman at the Constitutional Convention? 2. Who did most of the writing on the Preamble in the Constitution? 3. Who is considered the Father of the Constitution? 4. How many Amendments are there currently in the Constitution? 5. The first 10 Amendments are often referred to as the? 6. How many Articles are there in the Constitution? 7. What do the Articles do for the Government? What are the three branches of Government?

5 Articles of the Constitution Article I: Legislative Sec.1 All powers in the legislative are granted to Senate and House Sec.2 House of Representatives, chosen every 2 yrs. No person who is not 25yrs 7yrs a US citizen An inhabitant of that state. Number of Reps shall not exceed 1 for every 30 thousand. Each state shall have at least one 10 yr Census 1929 limited to 435 House of Reps. Choose speaker and other officers. They shall have sole power of impeachment. Sec.3 The Senate 2 from each state (100) Each has one vote 6yr. Terms - every 2 yrs 1/3 rd are up. VP = President of the Senate To be a senator 30yrs. or older 9yrs. citizen Inhabitant of the state he represents.

6 Have sole power to try impeachments (when the president is tried, the Chief Justice shall preside) Needs 2/3 vote of the present members for impeachment. Sec.4 Congress must assemble at least once a year. (1st Monday in December) Sec.5 Each House may determine the rules of it s proceedings, punish its members for disorderly behavior, and with the agreement of 2/3, expel a member. Sec.6 Each House must keep a journal and publish them from time to time. Senate and Rep. shall receive compensation for services, to be set by the law, and paid out by the Treasury of the US. May not hold any other government office during there time in the House or Senate.

7 Bill Steps Sec.7 Every bill has to pass the House of Rep. and Senate before it can become a law. It then goes to the President and if he doesn t approve it, then it needs to get passed by 2/3 vote from Congress. (Watch School House Rock Clip) 1. Idea 2. Write Local Congressman they write up 3. Committee 4. House Majority Vote 5. Senate Majority Vote 6. President Signs 7. If Vetoed back to Congress needs 2/3rds vote

8 Constitution pop Congress is made up of 2 houses. What are they? 2-6. Fill in the Blanks? 1. (2) 2. Write Local Congressman they write up Majority Vote 5. Majority Vote 6. President Signs 7. If (6) back to Congress needs 2/3rds vote 7. The 1 st Article in the Constitution deals with this branch of government? 8. How many members are in the House of Representatives? 9. How many members are in the Senate? 10. How many times per year must congress assemble?

9 Also if president sees a bill and doesn t sign it within ten days it becomes law. Unless it is in the last 10 days of the legislative term then it shall be a pocket veto. Sec.8 Powers of Congress * Congress shall have power to lay and collect taxes, duties, impose and exercise, to pay the debts and provide for the common defense and general welfare of the US. * Also to borrow money on the credit of the US, to regulate commerce with foreign nations and among several states with the Indian Tribes. To coin money, regulate value thereof, fix standards or weights and measures. Provide punishment to counterfeiters. Establish a post office and postal roads. Declare War Raise and support armies No appropriation of money can be used longer than two years.

10 Sec.9 The Writ of Habeas Corpus (allows Prisoner to challenge imprisonment) shall not be suspended, unless when in cases of rebellion or invasion. No bill of attainder or ex post facto law shall be passed. No title of nobility shall be granted by the United States. Sec.10 No state shall enter into any treaty, alliance, or confederation, coin money, pass bills of attainder, ex post facto laws, or laws imposing the obligation of contracts, or grant any title of nobility. No state, without consent of congress, can lay any duty of tonnage, keep troops, or ships of war in times of peace, enter into any agreement or compact with another state, or foreign power, or engage in war unless actually invaded, or in such imminent danger as will not admit delay.

11 Articles of the Constitution Article II: President and Executive Branch Sec.1 President can hold his term with V.P. for a 4yr. period. -Electoral College Each state shall appoint a number of electors. That is equal to the whole number of Senators and Reps. To which the state may be entitled in Congress. No persons holding an office of senator or representative shall be appointed as an elector.. To be president Natural born US citizen 35yrs or older Resident of the US for 14yrs. In case of death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the VP.

12 The president shall Receive for his services a compensation. Which shall neither be increased nor diminished during the period for which he shall have been elected. And shall not receive within that period any other amount for the US. or any of them. Sec.2 The president shall Be the commander in Chief. May require the opinion in writing of the principle offices in each of the Executive Dept. Power to Grant reprieves and pardons for offenses against the US, except in the case of impeachment. Have power, by and with the advice and consent of the Senate, to make treaties, provided 2/3 of the senators present concur. He shall nominate, with the advice and consent of the senate, shall appoint an Ambassadors. Other minister, counsels, judges of the Supreme Court, and all other offices of the US.

13 Sec.3 He shall: Have a State of the Union address to Congress and ask them to consider stuff. On extraordinary occasions, convene both houses, or either of them. In case of disagreement between them. And stay so until he sees proper. Makes sure that laws are to be faithfully executed. Sec.4 He shall be removed from office for: Treason Bribery Other high crimes and misdemeanors

14 Constitution pop What does Article 2 of the US Constitution deal with? 2. Who or What elects the President? 3-4. What are 2 powers of the President? 5-7. In order to be president what three things do you need? 8. If the president dies or resigns who takes over for him? 9. The Executive Dept. of the President =? 10. One of the 3 things you could remove the President from office for according to the constitution?

15 Articles of the Constitution Article 3: Judicial Branch The Supreme Court and Federal Courts Sec.1 1 Supreme Court, and other inferior courts as Congress may from time to time ordain. They shall receive money for services not to diminish during their time. 9 Sec.2 Judicial powers shall extend to all cases in law and equity, arising under the Constitution. Laws of the US and treaties made, which shall be made under their authority. In all cases affecting ambassadors, other public ministers, and counsels, and those in which a state shall be a party. The Supreme Court shall have original Jurisdiction. Trial of all crimes except in cases of impeachment shall be by jury and shall be held in the state of the crime.

16 Sec.3 Treason against the US shall consist only in levying war against them or in adhering to their enemies. Such as, giving them aid or comfort. No person shall be convicted of treason, unless in the testimony of 2 witnesses to the same overt act, or a confession in open court. Drawing 101 Some Basic Checks and Balances 3 Branches 1. Veto 2. 2/3rd Vote 3. Unconstitutional 4. Appoint Justices

17 Checks and Balances Drawing 101

18 Article 4: Articles of the Constitution The States and the Federal Government. Sec.1 Each state gets to see what the other states are doing. Sec.2 Citizens of each state are entitled to all privileges and immunities of citizens of several states. Any person charged in any state with treason, felony, or any other crime, if he flees from that state and is found in another state, shall on demand of the executive authority of that state from which he fled, be delivered up.

19 Sec.3 New states may be admitted by Congress into this union. But no state may form within itself another state. Nor may one state join with another without the consent of the legislatures of the states as well as Congress. Sec.4 A Republican form of government shall be guaranteed by the US to every state in the union, as well as protection against invasion and against domestic violence. Madwaukia Illsconsina

20 Articles of the Constitution Article 5: Amending the Constitution When 2/3 of both the House and Senate if deemed necessary, they shall propose Amendments to this Constitution. Or on the application of the legislature of 2/3 of the several states, they shall call a convention for proposing amendments. When ratified by the legislature of 3/4 of the states, or by conventions in 3/4 amendments may be made provided, if no law is already made against it.

21 Sunnyland: Creating Constitution top 5 imp side notes Constitution pop How many members serve on the US Supreme Court? 2. How long do members of the US Supreme Court serve? 3. What is the title of the person who leads the Supreme Court? 4. In all cases affecting ambassadors, other public ministers, and counsels, and those in which a state shall be a party the Supreme Court has this? 5. How many Federal Supreme Courts does the US have? 6. One check that the President has on Congress? 7. One check that Congress has on the President? 8. In the US, you are considered innocent until proven this? 9. The Law of the US =? 10. The check that the Supreme Court has on the other branches is?

22 Creating a Constitution top 5 Demigods Washington, Franklin, Adams, Madison didn t trust anyone who wanted the power of a king. Franklin thought Constitution should last 10 years. ordinary educated guys writing this 1776 not going to obey the king anymore Colonists revolting against total power Articles of Confederation League of Friendship worked well with states rights things fell apart quickly because of No Taxation, each state individual Shay s rebellion = breakdown of law and order Washington willing to help form a government. Philadelphia convention 55 men Madison has clear plan, not very noticed, GW must have him (Trusted Celebrity becomes Chairman), Not suppose to be a new Constitution 3 rd day of convention they overthrew the Government vow of secrecy, Central Government with 3 branches, Constitution written to make it difficult to make laws YES because powerful governments are dangerous. Compromises = Proportional representation vs Great Compromise (Bi- Cameral Leg), 3/5ths Did not believe in true Democracy stake in society = Property need to have something to lose. Amendments come later Bill of Rights 2 years later

23 Articles of the Constitution Article 6: General Provisions All debts entered into before the adoption of this constitution shall be valid against the US under the const, as under the confederation. This constitution, under the authority of the US, shall be the supreme law of the land. The judges in every state shall be bound thereby, anything in the const. or laws of any state to the contrary not with standing. Federal Law trumps State Law. All US officials shall be bound by oath or affirmation to support this Constitution. But no religious test shall ever be required as a qualification to any office or public trust under the US. Article 7: Ratification of the US Constitution Nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same. Sunnyland: Creating Constitution top 5 imp side notes

24 Amendments to the constitution The first ten amendments are known as the Bill of Rights. Specifically to protect citizens against excessive power of the Federal Government. Established in Congress shall make no laws respectively on: Establishing Religion, or prohibiting the free exercise thereof Abridging the Freedom of Speech, or of the Press Or the right of people to peaceably assemble And to petition the government for a redness or grievances.

25 Amendment 2: Established in A well regulated militia, being necessary to the security of a free state. The right of the people to keep and bear arms, shall not be infringed. Amendment 3: Established in No soldier shall, in time of peace, be quartered in any house, w/out consent of the owner, nor in times of war but in a manner to be prescribed by law.

26 Established in The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures (Arrest of a person), shall not be violated. No warrants shall be issued, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the persons to be seized.

27 Raupp Notes On % Reasonable Suspicion Probable Cause Conviction Tennessee VS Garner (1985) Limits on search and seizure. - Burglary (Fleeing Felon Rule PC shot the guy, supreme court can t shoot someone fleeing Grant Vs Conner unless the person poses a higher threat to Public Safety (greater danger theory) Deadly Force intentional use of a weapon. Badger Stop by the way is it ok if I search your vehicle after the end of the traffic stop (new thing). Terry Vs Ohio 2 black males IGA grocery store based on reasonable suspicion an officer stopped them (realizing that 2 guys were casing the joint) and can pat someone down. HR215 Bill Law Enforcement does not need to stop pursuit and may carry fire arm anywhere in 50 states.

28 Raupp Notes On 4 Taser after you tell someone you are under arrest any other resistance can = taser Privilege ability of an officer to use deadly force in self defense Driving with Due Regard Red Lights may Park illegally request right of way, blue lights right of way. A police officer can exceed the speed limit without red and blue lights Underage Drinking Can be charged for Possession even if someone 21 is close to you and you are within reach, can be charged with smell on breath. 4 ways to have cause to search Car Consent Search incident to a lawful arrest Person gets arrested car can be searched (esp. Thrust lunge or grab area) - However if the trunk is not available can t Inventory Vehicle in Custody (impounded) may search If Lawfully on premise and sees something in car (Plain View) Carroll doctrine if you have Probable Cause - don t need warrant because car can move. (Dog, Smell automatic probable cause)

29 Constitution pop Freedoms given by the 1 st Amendment Important rights I have according to the Second Amendment? 8. The third amendment states I don t have to keep these people in my house? 9-10 The 4 th Amendment states that an officer of the law can t search or seize something from me without 1 of these 2 things?

30 Amendment 5 Established in No person shall be held to answer for a capitol or otherwise infamous crime, unless on a presentment, or indictment of a Grand Jury. Except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. Trial Rights Nor shall any person be subjected for the same offense to be twice put in jeopardy of life or limb. Double Jeopardy Nor shall be compelled in any case to a witness against himself, nor be deprived of life, liberty, or property w/out due process of law. Plead 5th Nor shall private property be taken for public use, w/out just compensation. Custodial Interrogation (actually asking Questions) is what triggers the Reading of Miranda Rights

31 Raupp Notes on 5 Miranda Vs Arizona 1963 Rts case (mostly remain silent) Arrested and convicted of kidnap and rape of a teenage girl, did not know his rights because cops did not tell him Should have? He appeals to the Supreme Court. Later retried and still convicted (Served 11years in jail, gets out, and gets stabbed in a bar fight.) But now police read you your rights if you get arrested. (Miranda Rts) Espezedo vs Illinois Talk to an attorney Police did not let him until hours later. He gave incriminating evidence without lawyer. Constitutional Rights form Municipal Court Fine only (don t have right to Miranda - can t go to jail) (Civil Violations - Speeding, Disorderly Conduct ($287.50) ) Circuit Court Criminal proceedings have to prove around 98% that the person did it.

32 Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state. The district wherein the crime was committed, which district shall have been previously ascertained by law and to be informed of the nature. And cause of accusation; to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the assistance of a counsel for his defense. Right to a quick and speedy trial w/witnesses and council 7th Amendment In suits of common law, where the value in controversy shall exceed $20. The right of trial by jury shall be otherwise re-examined in any court of the US, than according to the rules of the common law.

33 Amendment 8 Excessive bail shall not be required nor excessive fines imposed. Nor cruel and unusual punishments inflicted. 9th Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. People s rights Torture Slides 10th Amendment The powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. If the government doesn t have it, and the state doesn t have it then the people have it.

34 Short Bill of Rights 1. Freedom of Speech, Press, Assembly, Petition and Religion 2. Militia, Bear Arms (Have Guns) 3. No Quartering Soldiers 4. No Unreasonable Searches or Seizures without warrant or probable cause, 5. Trial Rights which include no double jeopardy, Plead 5 th, Just Compensation 6. Right to a quick and speedy public trial with Witnesses for and against you, and counsel 7. Common Law 8. No excessive bail or fines, nor cruel or unusual Punishment 9. Peoples rights 10. States Rights

35 Constitution pop 4 fill in the Blank 1. Freedom of, Press, Assembly, and 2., Bear Arms (Have Guns) 3. No Quartering 4. No Unreasonable Searches or Seizures without or, 5. Trial Rights which include, Plead, Just Compensation 6. public trial with for and against you, and 7. Common 8. No excessive or fines, nor 9. rights 10. Rights

36 2. Militia, Guns 6. Rt. To quick and speedy, trial w/ witnesses and council 3. No quartering Soldiers 10. States Rts 1. Freedom of speech, press, religion, assembly and petition 4 No unreasonable searches or seizures w/out warrant or Prob Cause 7. Common law 8 no excessive bail or fines or cruel or unusual 5. Trial rts, no double Jep, plead 5 th and Just Compensation punishment 9 peoples rts

37 Amendments You mean there is more? Yep!

38 Amendments Lawsuits against States (1795 Modifies Article 3, Sec 2) 12. Election of Executives (1804) 13. Abolition of Slavery (1865) 14. Civil Rights/often referred to as the Equality Amendment (1868) (This Amendment also basically makes the 1 st 10 Amendments viable at the State level) 15. Right to Vote (1870) 16. Income Tax (1913) 17. Direct Election of Senators (1913) 18. Prohibition (1919) 19. Woman Suffrage (1920) 20. Lame Duck Sessions (1933) 21. Repeal of Prohibition (1933) 22. Limit on Presidential Terms (1951) 23. Voting in the District of Columbia (1961) 24. Abolition of Poll Taxes (1964) 25. Presidential Disability Succession (1967) year old Vote (1971) 27. Congressional Pay (1992)

39 Constitution pop What are the Titles of the Seven Articles in the constitution? What are the three branches of government?

40 Constitution pop What are the Seven Articles of the Constitution, that organize the government? 8. The executive authority of a state =? 9. In order to propose an amendment to the Constitution I need this number/percentage of states or congressmen? 10. How many states were needed to ratify the Constitution?

41 Constitution Pop Articles 1,2,3 in the US Constitution are? 4-6. What are 3 things for which I can be removed if I was president? 7. How many states were required to ratify the US Constitution? 8. What is also known as the Supreme Law of the Land? 9. What are the 5 rights I have according to the 1 st Amendment to the Constitution? 10. The first 10 Amendment are also known as?