The Constitution of the United States of America What problems did the constitutional delegates face as they met in Philadelphia in 1787?

Transcription

1 The Constitution of the United States of America What problems did the constitutional delegates face as they met in Philadelphia in 1787?

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3 The Constitution Composition The Constitution is comprised of the following: Preamble Articles Amendments

4 The Constitution Composition 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.

5 Preamble What does it mean? The preamble is the introduction to the Constitution. It outlines the general goals of the framers: to create a just government, insure peace, provide an adequate national defense, and promote a healthy, free nation. With its first three words, We the People, the preamble emphasizes that the nation is to be ruled by the people - not a king or dictator, not the president, Supreme Court Justices, members of Congress or state legislators.

6 Seven Basic Principles Popular Sovereignty let the People decide Limited Government the Govt only has the powers the Constitution gives it. Separation of Powers Three Branches of Government

7 Seven Basic Principles Checks & Balances Safeguard against abuse of power Federalism division of power between national & State govt. Republicanism citizens elect representatives Individual Rights - Amendments 1-10

8 The Articles Article 1 Legislative Power Article 2 - Executive Power Article 3 Judicial Power Article 4 - States powers & limits Article 5 Amendment processes Article 6 Federal Power Article 7 Ratification

9 Bill of Rights The Bill of Rights was not included in the 1787 Constitution. The first ten amendments (Bill of Rights) were ratified on December 15, 1791.

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12 Article 1 The Legislative Branch

13 Article 1: The Legislative Branch The Legislative Branch is usually known as Congress Bicameral Two Houses Senate House of Representatives

14 Article 1: The Legislative Branch House of Representatives 435 members Serve 2 year terms Must be at least 25 years old Must be U.S. citizen for at least 7 years. Must live in state you represent Directly elected by voters of a district

15 Representative Chris Gibson 19 th Congressional District

16 Article 1: The Legislative Branch Senate Serve 6 year terms with staggered elections 1/3 elected every 2 years Must be at least 30 years old U.S. citizen for 9 years Must live in state you represent Elected directly by voters of a state

17 U.S. Senators from NY The Honorable Kristen Gillibrand The Honorable Charles E. Chuck Schumer

18 Article 1: The Legislative Branch Powers of Congress Expressed (delegated) Powers stated clearly in the Constitution Collect Taxes Impose tariffs Coin money Establish Post Offices Declare war

19 Powers of Congress Article 1: The Legislative Branch Implied Powers necessary & proper clause or the Elastic Clause

20 Article 1: The Legislative Branch

21 Article 1: The Legislative Branch Concurrent powers are shared by both the federal and state governments All powers NOT delegated, implied, or concurrent are considered RESERVED powers (set aside the state)

22 Article 1: The Legislative Branch Powers Denied Congress Cannot suspend writ of Habeas Corpus (speedy arraignment) Cannot pass bills of attainder (declare suspects guilty without a trial) Cannot make ex post facto laws (declares an act a crime after the act has been done)

23 Article 1: The Legislative Branch

24 Article 2 The Executive Branch

25 Article 2: The Executive Branch The Executive Branch enforces laws & carries out policy Qualifications - President must be: Natural-born citizen Resident of U.S. for 14 years At least 35 years old. Term of Office the president will serve a 4 year term

26 President Vice President Presidential Line of Succession Speaker of the House President pro tempore of the Senate

27 Presidential Roles Constitutional Roles Appoints Govt. Officials Commander-in-Chief Grants Pardons & reprieves Recommends legislation State of the Union Executes Federal law & Programs Receives Ambassadors May call special sessions of congress Extra-Constitutional Roles (Unwritten) World Leader Voice of the People Director of Emergency Activity Manager of Economic Prosperity Head of Political Party

28 Article 2: The Executive Branch: Powers of the President Legislative and Judicial Powers The President proposes a complete legislative agenda Congress retains the authority to pass laws President has the Power to nominate judges Senate must approve.

29 Article 2: The Executive Branch: Powers of the President Diplomatic Powers President Directs Foreign Policy Congress tends to follow the President s recommendations

30 Article 2: The Executive Branch: Powers of the President Military Powers President is Commander-in-Chief of the Armed Forces. Can listen to advisors or take direct control.

31 Article 2: The Executive Branch: Powers of the President Spending Powers Congress raises $, President collects & Spends them. Precedent set that President decides which programs will receive funds

32 Article 2: The Executive Branch: Powers of the President Economic Powers President plans Govt. Budget thru Office of Management & Budget. Makes annual report to Congress on the state of the nations economy

33 Article 2: The Executive Branch: Powers of the President Party Leader President head of their political party Appoints party members to office. Major fund-raisers Support of the party essential to success of their agenda.

34 Article 2: The Executive Branch The role of the Cabinet Heads of the 15 major departments of government Generally are members of the President s Party Cabinet was more active when govt was smaller President relies on his personal staff more

35 Article 2: The Executive Branch Executive Office of the President The White House Staff 1,800 experts in various fields Executive Branch / President needs a large staff for assistance.

36 Bureaucracy: The Fourth Branch The Bureaucracy is often considered the Fourth Branch of Gov t because of its size. The Executive Branch is responsible for carrying out the day to day operations of the federal gov t. That requires millions of people working daily in various departments, bureaus, divisions, and offices. This is considered the federal civil service. Examples: The U.S. Postal Service, F.B.I.

37 Article 3 The Judicial Branch

38 Article 3: The Judicial Branch US Supreme Court 1 Chief Justice 8 Associate Justices US Circuit Court of Appeals (13) Appellate Jurisdiction Operate as hearing panels, decisions are final in most cases US District Court (lower trial courts) (94) Have original jurisdiction Operate using normal trial procedure

39 Article 3: The Judicial Branch United States District Courts Where most cases begin Civil & Criminal cases presented There are almost 600 judges serving in these courts

40 Article 3: The Judicial Branch United States Courts of Appeals or Circuit Courts There are 13 Circuit Courts of Appeal These courts hear appeals from lower courts

41 Article 3: The Judicial Branch Supreme Court Hears appeals from federal appellate courts and from state supreme courts 9 justices number can be changed by Congress

42 Article 3: The Judicial Branch Appointment of Federal Judges Most Federal Judges appointed by President Must be confirmed by Senate Appointed for life Removed ONLY by impeachment & conviction

43 Article 3: The Judicial Branch Selecting a Case: The Supreme Court S.C. receives about 10,000 cases per year If S.C. refuses to hear a case, the lower court decision stands Justices debate which cases to accept At least 4 justices must agree in order to take a case.

44 Article 3: The Judicial Branch About 100 out of hundreds of thousands of cases make it to the Supreme Court Some Original Jurisdiction (first to hear the case) Most heard on Appeal - Appellate Jurisdiction The Supreme Court Chooses the appeals cases they want to hear.

45 Article 3: The Judicial Branch Deciding a case 1. case is accepted: lawyers prepare written arguments called briefs. 2. lawyers analyze the laws involved and cite previous cases (precedent) to support their position 3. Each side generally has a half hour to make its points 4. After arguments justices discuss the case. 5. vote on how to decide the case

46 Article 3: The Judicial Branch Five Factors influencing Supreme Court Decisions Existing law & legal precedents Personal legal views of the Justices Justices Interactions with Each Other Public Opinion Congress and the President

47 Article V: Amending the Constitution

48 The Bill of Rights Amendment 1 - Freedom of Religion, Press, Expression Amendment 2 - Right to Bear Arms Amendment 3 - Quartering of Soldiers Amendment 4 - Protection from unreasonable search and seizure Amendment 5 - Trial and Punishment, Compensation for Takings Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses Amendment 7 - Trial by Jury in Civil Cases Amendment 8 - Cruel and Unusual Punishment Amendment 9 - Construction of Constitution Amendment 10 - Powers of the States and People

49 Article V: Amending the Constitution

50 Article V: Amending the Constitution Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. the passage of basic legislation by Congress actions taken by the President key decisions of the Supreme Court the activities of political parties

51 Signed and Ratified George Washington was the first of the delegates to sign. Delegates signed in order from the northern states to the southern states. Only 39 of the delegates actually signed, not all approved of the document. After being signed, it became part of a 6 page report sent to the Congress. Congress accepted the report and sent it to the states for their approval. It was ratified by nine of the 13 states by June 21, becoming the law of the land. After the text of the Constitution had been agreed upon, Jacob Shallus, an assistant clerk of the Pennsylvania State Assembly, was the penman who wrote the document prior to signing.

52 More on the Constitution How long did it take to frame the Constitution? It was drafted in one hundred working days. Who was called the Father of the Constitution? James Madison of Virginia Which state was the first to ratify the Constitution? Delaware How many pages long is the Constitution? Four Which state didn t send any delegates to the convention? Rhode Island Does the Constitution give us our rights and liberties? No, it only guarantees them.