The U.S. Constitution Chapter 7 7 th Grade Social Studies
Goals and Principles of the Constitution (1)
Parts of the Constitution 1 st section=preamble 2 nd section=articles and amendments
Pt. 1 Goals in the Preamble The preamble is the opening statement to the Constitution form a more perfect union unified country establish justice unified system to settle legal matters insure domestic tranquility keep peace and order at home
Pt. 1 Goals in the Preamble promote the general welfare ensure the well-being of all citizens secure the blessings of liberty guarantees freedom to all people provide for the common defense protect the citizens
Pt. 2 Articles and Amendments Main body includes the articles Articles outline our government Article I: legislative branch Article II: executive branch Article III: judicial branch Article IV: state relationships Article V: process to amend constitution Article VI: national supremacy Article VII: procedure for ratification
Constitutional Principles Popular Sovereignty Govt. gets authority from the people, not God People should have the right to alter or get rid of govt. Limited Government Wanted to avoid excessive power Govt. has only the powers as outlined in Constitution
Constitutional Principles Separation of Powers Divided powers amongst three branches Checks and Balances Guards against abuse of power Each branch can limit the power of the other two
Constitutional Principles Federalism division of power between states and feds. Powers not given to feds. belong to states (10 th amendment) Republicanism citizens elect representatives to rule Vote according to own judgment, while still listening to the people Individual Rights Const. must protect these (freedom of speech, religion, right to trial, etc )
How the Federal Government Works (2)
3 Main Branches Legislative Congress (Article I) Executive President (Article II) Judicial Supreme Court (Article III)
Legislative Branch The House House of Representatives & Senate House of Representatives # of reps. based on state population Each state has at least one California has the most (53) AK, MT, WY, ND, SD, DE, VT have 1 435 total representatives Elected every two years
Legislative Branch The Senate Two per state, totaling 100 senators Elected every six years Originally elected by state legislature 17 th amendment direct election (1913; corruption) President of the Senate is the vice president (tiebreaking vote) If VP is absent, the president pro tempore replaces him
Congressional Representation Map
Number of Congressional Districts Per State
Illinois Congressional Districts
Our Congressional District #17
Powers of Congress Congress makes laws Laws start as bills Any appropriations bill (designed to raise $$ for govt.) must start in the House Other powers Levy taxes Borrow $$ Coin $$ Establish post offices Declare war
How a Bill becomes a Law
1. The Proposal The bill is proposed by a member of Congress May start in either the House or the Senate (This example will start in the House) Remember ALL revenue bills must start in the House The bill is numbered and sent to the proper committee by the Speaker (HR1948 or S2007)
2. The Committee The committee studies the bill, holds public hearings, and must make a choice!ignore the bill "Kill the bill (vote it down) #Approve it without changes $Approve it with changes %Completely re-write the bill
3. Debate and Final Vote The approved bill is returned to the House for consideration by all Bill is placed on the House calendar and rules for debate are approved On the assigned date, debate takes place and a vote is taken If the bill is voted down it is DEAD If approved, it is sent to the Senate
4. Committee Process Repeated Senate receives the bill and it is assigned to committee Senate committee follows the same process as the House committee Senate committee can take the same actions as the House committee If committee approves the bill, it is returned to Senate for consideration
5. Debate and Final Vote (again) Bill is placed on the Senate calendar and rules for debate are approved On the assigned date, debate takes place and a vote is taken If bill is voted down, it is DEAD If approved in the EXACT same form as the House, it is forwarded to the President If there are ANY differences it is sent to a Conference Committee
6. Conference Committee Most bills are sent to a conference committee Conference committees must have an equal number of Senators and Representatives They work out the differences They must send the bill back to each house for final approval The resulting bill is sent to the President for his approval
7. The President The President has 10 days to decide what to do The President has four options to choose from:! Sign the bill ---- It becomes a LAW "Veto the bill ---- It is sent back to the house in which it began # President does nothing, Congress still in session ---- It becomes a LAW without the President s signature $President does nothing, Congress not in session ---- Pocket Veto ---- The bill is dead
8. The VETO President sends bill back to where it started with written objections to the bill If that house can pass the bill again by a 2/3 vote they send it to the other house If the second house passes it with a 2/3 vote the bill becomes a LAW This is called an OVERRIDE of the President s veto
Congress & the States Full Faith and Credit Clause Every state must accept the judgments of other states Criminals must be return to state of their crimes Divorce Driver s Licenses
Congress & the States Must treat citizens of others the same way it treats it own citizens Must guarantee a republican form of government U.S. government must protect states from invasion U.S. government must help put down domestic violence upon request of the state
States Cannot Coin money Make treaties Grant titles of nobility Pass ex post facto laws Latin for after the fact Cannot pass a law and be punished for a crime that wasn t illegal at the time it occurred Example: If I didn t wear my seatbelt yesterday, and Congress passes a law about it tomorrow, I cannot be punished for not wearing it the day before.
U.S. Capitol Building
The Executive Branch Leaders are the President and Vice President Job of branch is to enforce laws and run everyday affairs of govt. Only the President and VP are nationally elected Assume office on January 20 following their election
Seals Presidential Seal Vice Presidential Seal
Requirements!Must be at least 35 years old "Must be a native born citizen (That is, must be a citizen from birth) #Must live within the United States for at least 14 years $President and Vice President cannot be from the same state
The President is limited to 2 terms (22 nd amendment) President - $400,000 PLUS an expense account Vice President - $231,900 plus expenses (as of March 2013) If President dies or resigns, VP becomes the President President appoints a new Vice President when there is a vacancy (25 th Amendment) Must be approved by both houses of Congress
Presidential Succession Vice President Speaker of the House President pro tempore Cabinet, starting with the Secretary of State
Presidential Responsibilities President makes treaties with foreign nations Appoints ambassadors Is responsible for setting foreign policy Is assisted by the Secretary of State
Domestic & Military Policy Sets domestic policy Prepares the national budget Budget must be approved by Congress Commander-in-Chief of the Armed Forces Can take command of the state militia, the National Guard
Legislation President may call both house of Congress into special session May recommend bills to Congress May veto bills passed by Congress Each year the President must report to the Congress on the State of the Union Can be a written or an oral report President is the leader of his/her political party
Appointment President appoints a great number of government officers &judges &cabinet members &ambassadors &assorted advisors &agency heads (FBI) (CIA) (FAA) Must be approved by Senate w/ majority vote
Judicial Functions The President has 3 important judicial powers The President may grant:! Pardons (cancel) " Reprieves (delay) # Commutations (reduce)!no LIMITS --The President s decision is final, it can not be overridden
Electoral College 'Electoral vote is house members + senators 'The 23 rd Amendment gave Washington, D.C. the same electoral vote as the smallest state
Electoral College (There are 435 Representatives (There are 100 Senators (Electoral Votes = 535 (Washington, D.C. gets 3 electoral votes (Total Electoral Vote = 538 (Necessary for election = 270
Impeachment Process President must break a law The House brings the charges The Senate conducts a trial 2/3 of the Senate must vote to convict If convicted, the prez. must leave office 2 have been impeached by the House Andrew Johnson and Bill Clinton
The White House
Judicial Branch The Judicial Branch Type to enter text has 3 levels of courts Supreme Court Court of Appeals District Court )1 court, 9 judges )13 courts, 3 judges )94 courts, 1 judge
Judicial Branch ALL judges at ALL levels of U.S. Courts are appointed by the President Senate must approve/reject the President s choices by majority vote ALL judges serve for life why?
The Judicial Branch Led by the Supreme Court Primary power= judicial review Determines if laws are constitutional (legal) Evolved over time Const. doesn t state number of judges Judges known as justices currently 9 The main justice is known as the Chief Justices 8 other associate justices Salaries= $213,900 and $223,500 for Chief Justice
Supreme Court Supreme Court is the court of last resort NO appeal from their decisions Guilt or innocence cannot be appealed Will never overrule a jury s decision Disputes between Congress and Prez. can be taken directly to the Supreme Court
Court of Appeals Listens to appeals from District Courts Each Appeals courtroom has 3 judges 13 total Appeals Courts Relieves pressure on Supreme Court Make decisions by majority vote NO cases start at this level
District Courts There are 94 U.S. District Courts Each District Court courtroom has 1 judge District Courts are the trial courts of the judicial branch Almost ALL court cases begin in the District Courts
Changing the Constitution (3)
Amendments )Two part process )Proposal and Ratification )Proposal! 2/3 vote in both houses of Congress )OR "Legislatures of 2/3 of the states call for a convention to consider amendments (34) never used
Amendments )Ratification! Approved by 3/4 of state legislatures (38) )OR "Approved by special conventions in 3/4 of states (38)
Rights Mine & Yours Your rights and mine are different ALL rights have LIMITS your rights stop when another person s begin
1st Amendment** (Freedom of Religion (Freedom of Speech (Freedom of the Press (Right to Assemble Peaceably (Right to Petition
2nd 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.
3 rd Amendment ( No quartering of soldiers in private homes.
4 th Amendment ( No unreasonable search or seizure ( Search warrant required
5 th Amendment** (Grand Jury indictment (No Double Jeopardy (No self-incrimination plead the 5 th (Due process required (No confiscation of property without just compensation
6 th Amendment** (Speedy, public trial (Impartial jury (Tried in state where crime was committed (Informed of charges (Confront witnesses (Summons/Subpoena (Attorney
7 th Amendment ( Right to a trial by jury
8 th Amendment (No excessive bail (No excessive fines (No cruel or unusual punishment
9 th Amendment ( The people retain any rights not listed in the Constitution.
10 th Amendment ( Powers not given to the U.S. govt. are retained by the states or the people.
11 th Amendment (1795) ( Individuals can not sue a state in federal courts.
12 th Amendment (1804) (Changed the election procedure for President and Vice President (Requires separate ballots in the Electoral College for President and Vice President
13 th Amendment** (1865) (Abolished Slavery
14 th Amendment** (1868) (All persons born/naturalized in United States are citizens (Laws can not take away a person s rights (Guarantees equal protection of the laws
15 th Amendment** (1870) ( Citizens can not be deprived of the right to vote on account of race, color, creed, or previous condition of servitude.
16 th Amendment** (1913) (Established the Income Tax
17 th Amendment** (1913) (Provided for the direct election of United States Senators (Allows the governor to appoint someone to fill vacancies until the next election
18 th Amendment** (1919) ( Prohibition of Alcoholic Beverages
19 th Amendment** (1920) *Women gain the right to Vote
20 th Amendment (1933) (Moved presidential inauguration from March 4 th to January 20 th (Moved first meeting of Congress to January 3 rd each year
21 st Amendment** (1933) (Repealed the 18 th Amendment (Ended Prohibition
22 nd Amendment** (1951) ( Limited the President to two terms in office.
23 rd Amendment (1961) ( Gave the citizens of Washington, D.C. the right to vote in presidential elections. (3 electoral votes)
24 th Amendment (1964) ( Abolished the poll tax
25 th Amendment** (1967) (Allows the President to fill vacancies in the vice presidency by appointment (Appointments must be approved by the Congress (Deals with the problem of presidential disability
26 th Amendment** (1971) ( Lowered the voting age to 18 nationwide.
27 th Amendment (1992) ( Members of Congress can not receive a pay raise until they have been re-elected