Article I: Legislative Branch; Powers of Congress, Powers denied Congress, how Congress functions

Transcription

1 The Cnstitutin 1 Preamble, 7 Articles, 27 Amendments Articles f the Cnstitutin Preamble: The purpse f the Cnstitutin Article I: Legislative Branch; Pwers f Cngress, Pwers denied Cngress, hw Cngress functins Article II: Executive Branch; Pwers/duties f President, impeachment Article III: Judicial Branch; Pwer f curts, jurisdictin, terms, treasn Article IV: Relatins Amng States; Federal prtectin f States, States accepts ther states dcuments and acts; citizens privileges and immunities, new states Article V: Amending the Cnstitutin Article VI: Natinal debts, supremacy f natinal law, aths f ffice, public debts f gvernment, Cnstitutin and federal law supreme, gvernment wuld hnr debt made during American Revlutin Bill f Rights (1 st 10 Amendments) Peple have rights but als respnsibilities and cnsequences Civil liberties: basic rights and freedms Civil rights: prtectin frm unequal treatment by gvernment when attempting t exercise rights (civil liberties) Amendments 1 st Freedm f Religin, Speech, Press, Assembly and Petitin Prtectin f religius thught and practice; separatin f church and state; persns right t speak, publish and therwise express views; jin thers in public meetings, plitical parties, interest grups and ther assciatins t discuss public affairs and influence public plicy Exercised in regards t the rights f ther persns 2 nd Amendment Bear Arms States have the right t maintain a militia; natinal and state gvernment can and d regulate private pssessin and use f fire arms

2 3 rd Amendment Quartering Trps Right t privacy in ne s hme Private citizens d nt have t huse trps 4 th Amendment Search and Seizure Individual right t privacy unless law enfrcement has the prper warrant btained with prbable cause fr search and seizure Evidence frm unlawful search cannt be used in curt Prbable cause: facts and circumstances sufficient t warrant a reasnable belief that the suspect is in pssessin f cntraband r ther evidence that wuld supprt an arrest (Fertive mvement nce stpped) Reasnable suspicin: well- funded articulable suspicin f criminal activity based n fficer training and experience; belief that a persn is abut t cmmit a crime (Persn swerving in a car) A persn can be asked t step ut f car and be searched Reasnable suspicin; prbable cause; unadmissible evidence 5 th Amendment Rights f Accused Persns (Criminal) A persn has t be indicted (charges listed) t be tried fr a serius crime1) A persn has the right t due prcess (federal gvernment must act fairly and in accrdance with established rules in all it des) N duble jepardy (yu can t be tried twice fr the same crime) A persn is prtected against self- incriminatin (des nt have t tell n self; spuse) Eminent dmain (the pwer f gvernment t take private prperty fr public use; gvernment must pay fair price fr prperty and must use it t benefit the public) 6 th Amendment Right t Speedy, Fair Trial (Criminal) Infrmed f charges Speedy trial; persn cannt be held fr an unnecessarily lng time while awaiting trial Trial by impartial jury (can ask fr judge trial) Favrable witnesses Crss examinatin f witnesses Right t an attrney

3 7 th Amendment Civil Suits A trial by jury when dispute between persns fr mre than $20 ccurs Can waive jury trial fr bench trial (TV curt) 8 th Amendment Bail and Punishment Bail impsed must be reasnably related t the seriusness f the crime Frbids punishment that is t harsh fr the crime 9 th Amendment Pwers Reserved t the Peple Peple have unenumerated (t many t number) rights Peple hld ther rights that may nt be set in the Cnstitutin 10 th Pwers Reserved t the States All pwers nt granted t the natinal gvernment belng t the States 11 th Amendment Suits Against the States A lawsuit brught by a citizen r freign natin against a state must be tried in state curt, nt federal curt 12 th Amendment Electin f President and Vice President Changed prcedure t elect President and Vice President 13 th Amendment Ablitin f Slavery Ended slavery in America Prhibits making a persn perfrm persnal services due t debt Thse imprisned can be frced t wrk The draft is nt a vilatin f amendment 14 th Amendment Rights f Citizens Citizenship defined; Citizenship by birth r naturalizatin Due prcess (state gvernment must act fairly and in accrdance with established rules in all it des) Number f the members f Huse f Representatin reduced if citizens denied the right t vte Barred frm state r federal ffices fr insurrectin (Cnfederate leaders)

4 Equal Prtectin Clause (states can t discriminate against, draw unreasnable distinctins between persns/citizens) Imprtant t civil rights 15 th Amendment The Right t Vte (1870) All citizens have the right t vte Denial tactics: pll tax, literacy tests, white-nly primaries During time f amendment, extended suffrage t African American men Enfrcement pwers 16 th Amendment Incme Tax Cngress can levy an incme tax 17 th Amendment Direct Electin f Senatrs Senatrs elected by vters f each state Special electin r gvernment appintment if vacancy 18 th Amendment Prhibitin Citizens cannt prduce, transprt alchl in the United States Overturned by 21 st Amendment 19 th Amendment Wman Suffrage Wmen have the right t vte 20 th Amendment Lame Duck Amendment Shrtened time between presidential electin and inauguratin; March 4 th t January 20th End lame-duck sessins f Cngress; Cngress hld its first sessin sn after the Nvember electin n January 3 rd If president-elect dies befre taking ffice, the vice president-elect becme president Cngress may pass legislatin t deal with a presidential candidate (r vice presidential electin) wh dies while an electin is being decided in the huse 21 st Amendment Repeal f Prhibitin Amendment

5 22 nd Limit n Presidential Terms (1951) Presidential term is 2 terms lasting 4 years in length Anyne wh succeeds t presidency and serves fr mre than tw years f the term may nt be elected mre than ne mre time 23 rd Amendment Presidential Electrs fr the District f Clumbia 3 electral vtes fr D.C. 24 th Amendment Ablitin f the Pll Tax 25 th Amendment Presidential Disability Successin (217) Vice President becmes president if president dies, resigns r is remved frm ffice The president will appint a new vice president with the apprval f Cngress Replacement if President infrms Cngress in writing that he r she cannt carry ut dies f the ffice; Vice President becmes acting President President can be replaced withut cnsent if the majrity f the cabinet and Vice President infrms Cngress; Vice President is acting President; 21 day investigatin by Cngress befre reinstating President r making ther decisins abut psitin 26 th Amendment Eighteen Year Old Vte (1971) 27 th Amendment Restraint n Cngressinal Salaries Cngress cannt vte fr an increase in pay in the current sessin; increases take effect in subsequent sessins f Cngress