Article I: The Legislature (Congress)

Transcription

1 The Constitution

2 Article I: The Legislature (Congress) House of Representatives # of representatives is based on the population of each state- Census every 10 years Must be at least 25 years old, a citizen of the US for at least 7 years, and must live in the state represented at the time of election Elected for two year terms Speaker of the House Senate # in Senate is always two people per state no matter their population The president of the Senate is the Vice President-Only for ties Must be at least 30 years old, a citizen of the US for at least 9 years, and must live in the state represented at the time of election Elected for six year terms Filibuster-Delay on voting for bill President Pro-Tempore

3 Rules Legislative Rules, Privileges, and Restrictions Required to meet at least once a year Sessions begin JANUARY 3 rd each year. Each house of Congress has the right to judge the elections and qualifications of its members. Privileges and Restrictions Each house may make rules for its members. Members may be expelled by a 2/3 vote. Members of Congress are paid a salary. With certain exceptions, members cannot be sued or arrested for anything they say in Congress. Members of Congress may not hold any other federal office while serving in Congress.

4 Legislative Powers Make Laws All money bills must start in the House Congress can override a Presidential veto with a 2/3 vote of both houses. Congress Has the Power to: Collect taxes, provide for the defense and welfare of the United States. Borrow money, regulate trade, coin money, and establish standards of weights and measures. Establish laws concerning citizenship and bankruptcy. Determine the punishment for counterfeiting money.

5 Legislative Powers, cont. Congress has the power to: Build post offices and roads; issue copyrights and patents. Set up federal courts; punish crimes committed against ships at sea. Declare War and the treatment for prisoners of war. Maintain the army and navy; make regulations for the armed forces; provide for calling out the national guard to handle emergencies; maintain and train the national guard. Make laws for the District of Columbia and other federal properties. MAKE ALL LAWS WHICH SHALL BE NECESSARY AND PROPER.

6 Impeachment The President, Vice President and other officials can be impeached on charges of treason, bribery, or high crimes and misdemeanors House of Representatives has sole power to impeach Impeachment means to bring official charges for high crimes and misdemeanors Simple Majority- vote- Impeached-Sent to Senate for Trial 218/435 The Senate holds impeachment trials If convicted, 2/3 vote, the official is removed from office Bill Clinton and Andrew Johnson only 2 Presidents to be Impeached-Neither was removed from office. Super majority 66/100

7 Article II: Executive (President) The President must be: A natural-born citizen of the United States At least 35 years old And a resident of the United States for at least 14 years. The President may only serve TWO four year terms (22nd Amendment). Executive powers include: Commander-in-Chief of the military Make and sign treaties with the advice and consent of the Senate Appoint judges/heads of departments with the advice and consent of the Senate

8 Duties of the President The President is required: to report to Congress annually on the condition of the nation. The State of the Union address. To receive ambassadors To carry out the laws He also has to power to call special sessions of Congress and to adjourn congress in extreme cases.

9 Article III: Judicial (Courts) A Supreme Court will be created with other federal courts as needed. The federal courts try all cases involving: the Constitution Treaties Federal laws Cases involving Ambassadors Public officials The United States government Cases between States or citizens of different states Judicial Review-Marbury V Madison

10 Article III, cont. Treason It is considered an act of treason to wage war against the United States of give aid to its enemies. Congress may decide the punishment for traitors, but it may not punish the families of convicted traitors by taking away their civil rights or property.

11 Bill of Rights First 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. Second Amendment 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.

12 Third Amendment No soldier shall, in time of peace, be quarantined in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Bill of Rights Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things being searched.

13 Fifth Amendment A person cannot be tried for a capital crime (a crime punishable by death) unless charged by a grand jury, be tried twice for the same crime, nor be forced to testify against himself or herself. A person may not be deprived of life, liberty, or property except by lawful means. The government must pay a fair price for property taken for public use. Bill of Rights Sixth Amendment A person accused of a crime has a right to a speedy public trial by jury, to information about the accusation, to help from the court in bringing favorable witnesses to the trial, and to aid the lawyer.

14 Seventh Amendment In civil lawsuits involving more than $20, the right to a jury trial is guaranteed. Bill of Rights Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

15 Ninth Amendment The basic rights of the people, even those not specified in the Constitution, cannot be denied. Bill of Rights Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively, or to the people. ***The powers not given to the federal government are to be held by the states or by the people.

16 Eleventh Amendment Federal courts do not have the power to hear suits brought against a state by the citizens of another state or by foreigners. A citizen can, however, sue a state government in a state court. Twelfth Amendment states that if no presidential candidate receives a majority of votes in the electoral college, the House of Representatives will elect the president.

17 Thirteenth Amendment Slavery is prohibited. Congress is given the power to enforce the abolition of slavery.

18 Fourteenth Amendment All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Due Process Equal Protection Clause

19 Fifteenth Amendment gives the right to vote to all men over the age of 21 regardless of race, color, or previous slavery Sixteenth Amendment Congress has the power to tax people s income.

20 Seventeenth Amendment requires that state senators be directly elected by the citizens of the rather than by an electoral college. Also, if a senate seat becomes vacate during term, the governor of the state must call for an election to fill the vacancy. Eighteenth Amendment prohibits the manufacture, sale, and transportation of alcoholic beverages.

21 Nineteenth Amendment Women s Suffrage. Women have the right to vote. Twentieth Amendment changes the ending date of terms for members of Congress from March 4 to January 3, and the terms of the President and Vice President from March 4 to January 20.

22 Twenty-first Amendment repeals prohibition. Twenty-second Amendment limits the President to two terms in office.

23 Twenty-third Amendment guarantees citizens of the District of Columbia the right to vote for President and Vice President. Twenty-fourth Amendment states that no citizen can be made to pay a tax for the right to vote in a federal election.

24 Twenty-fifth Amendment clarifies the line of presidential succession. Twenty-sixth Amendment gives eighteen-year-olds the right to vote.

25 Twenty-seventh Amendment states that if members of Congress give themselves a pay raise, the increase cannot go into effect until after the next

26 Presidential Succession 1. Vice President of the United States 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 & Human Services 13. Secretary of Housing & Urban Development 14. Secretary of Transportation 15. Secretary of Energy 16. Secretary of Education 17. Secretary of Veterans' Affairs 18. Secretary of Homeland Security