1.articles of confederation and why they fail 2.convention facts and who is there 3.2 compromises in...

43
1. Articles of Confederation and why they fail 2. Convention facts and who is there 3. 2 Compromises in the Convention 4. Principles – Federalism, Checks and Balances, Separation of Powers 5. 7 Articles, powers for each branch 6. How a Bill Becomes a law 7. How to make an Amendment 8. Electoral College 9. Ratification – Feds vs Antifeds 10.Bill of Rights 11.Supreme Court

Upload: agatha-mcbride

Post on 17-Dec-2015

213 views

Category:

Documents


0 download

TRANSCRIPT

1. Articles of Confederation and why they fail2. Convention facts and who is there3. 2 Compromises in the Convention4. Principles – Federalism, Checks and Balances,

Separation of Powers5. 7 Articles, powers for each branch6. How a Bill Becomes a law7. How to make an Amendment8. Electoral College9. Ratification – Feds vs Antifeds10.Bill of Rights11.Supreme Court

• Section 1… Qualifications and how a President is Selected1. President

a) is elected every ____ years

b) Qualifications 1. must be ______ years old

2. must be born in the United States

2. Paragraph 2+3 = How a President is elected

• Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:

• "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

1. commander in chief of the Army and Navy

2. can give pardons or reprieves for crimes committed against the USA

3. can get opinions…4. nominates ambassadors

with 2/3rds consent of Senate

5. nominates justices with 2/3rds consent of Senate

6. can make treaties with 2/3rds consent of Senate

7. call and give periodic state of the union addresses to House and Senate

• If any civil officer (including Prez & VP) commits Treason, Bribery, or other high crimes or misd’s

• Every branch of gov involved in impeachment

• It’s all in Art 2 Sec 3– You’ll see all of it

this year!!!!!!!!

• EC Design in 1787– State Legislatures

appoint Electors– # Electors = # of

Reps and Senators– Elector can’t be a

US Rep or US Senator

– People State Legs Electors President

Why

dothis?

IndirectVoting

• 538• How do you get the #?

• Simple Majority of the Electors to vote for you

• Today, there are 538 Votes– _____ needed to win

• Electoral College #’s have changed over time as we’ve added states (not anymore )– Every 10 yrs, the # of

votes for each state can possibly change…why?

Electoral College Map for 2012, 2016, 2020

• Pay attention to the electoral votes for Florida and NY

Who’s Gaining…Who’s Losing

• Theoretically, we vote for our Electors– Electors then pick the President

• In every election, electors SHOULD pick what their people want– Today they do

• Today, the people’s vote matters more!!!!!!!!!– People State Legislatures Electors President

• The people’s individual votes get counted in the Popular Vote…

• No– There have

been elections where a candidate wins the Popular Vote but not the Electoral vote

1. 1824 – Andrew Jackson gets plurality of the Popular Vote and Electoral College, but loses the presidency to John Quincy Adams…why?

– If no MAJORITY, another vote taken by the House of Reps!! Quincy Adams then beat Jackson

2. 1876 – Samuel Tilden won the popular vote, but his opponent, Rutherford B. Hayes won the Electoral College 185-184

3. 1888 - President Grover Cleveland won the popular vote but lost the Electoral College vote 233-168 to Benjamin Harrison.

We don’t have one National Election to determine the Presidency where 1 person = 1 vote!

We have 50 “Winner Take All” State Elections where some states/voters matter more than others do!

• Each $ = $1 million spent in the last 4 weeks of campaigning

• Each = 1 visit by the candidate in the last 4 weeks of campaigning

• The reasons that existed back in the 1780s– Indirect vote = Prevents

“imposters” from winning– States rights people

were afraid…– Candidates would try to

get votes only in populated areas…

– Small states wouldn’t matter…

– FFs had no faith in Americans to vote directly• “blind person to pick colors”

– Technology & Geography issues

• Can/Should we be able to change our Constitution and its rules as times change?

Or is TJ correct?

• Today, the EC is a more a “Winner take All” system in the state– States can

change that though

• One big change will be made… – 2nd place won VP– 12th amendment

made President run with VP on a ticket

• The Electoral College has been used for over 200 years

• The system has flaws– 4 of the 57 Elections

have been screwed up• Options for this country

– Keep the EC– Abolish the EC– Modify the EC

• How do you make a change?

Article 3 = Judicial Branch

• Section 1 = Supreme Court and Inferior Courts1. Hierarchy?

• One Supreme Court

• Lower Courts (?)

• Section 2– Jurisdiction (power to hear a

case)– Original = trial court,

Appellate= only deciding issues of law, right to review decisions of lower courts

– Anyone accused of crime has right to trial by jury, except in cases of impeachment

Article 3 = Judicial Branch

• Section 1 = Supreme Court and Inferior Courts1. Hierarchy?

• One Supreme Court

• Lower Courts (?)

• Section 2 = Judicial Powers1. Power to hear

following casesa) cases affecting

ambassadors, ministers or consuls

b) controversies between two or more states

c) between citizens of different states

d) between citizens of the same state if involves Constitution issue

Trial of crimes will be done by Jury, and trial will take place in the state where the crime is committed, except in cases of Impeachment

Sec 2 Par 3

Section 3 =Treason

• Treason can only be committed against the USA if you start war against the USA or help its enemies. You can only be convicted if two witnesses testify against you of the same act of treason or if you confess.

• Section 1– Each state required to

recognize the laws and records of other states and to enforce rights in its own courts that would be enforced in other state courts. (Full Faith and Credit Clause – requires states to respect laws of other states)

• Sec 2…Privileges and Crimes (also covers…)

2. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

3. No Person held to Service or Labor in one State, under the Laws therof, escaping into another, shall, in Consequences of any Law or Regulation therein, be discharged from such Service or Labor, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

• Section 2– Extradition between states,

commit a crime in one state and escape to another, state has to send you back

– Fugitive Slave Clause =No slave of one state can escape to another and lose his status as a slave, must sent them back

• Section 3+4– New States can join the

Union• but they cannot be made from

within states that current exist– unless the legislatures of that

state allow that to happen

– States are:• guaranteed a Republican form

of govt.• protected by the US govt.

against Invasion

• How to become a state & privileges in it3 New States can join the

Union, but they cannot be made from within states that current exist, unless the legislatures of that state allow that to happen

4 US guarantees a Republican form of government in that state

4 States will be protected by the US government against Invasion and against “domestic violence”

• Article 5…How to make amendments…done

• Article 6…Debts, Supremacy, Oathsa) All debts that existed before this Constitution (states debts)

will be valid against the new Federal Government

b) This Constitution, and the laws in it, will be the Supreme law of the land, and states must follow these laws first before their own (The Supremacy Clause)

c) All Senators, Representatives, members of state legislatures, executive and judicial officers shall be bound to this Constitution by Oath

• Article 7…Ratificationa) If Conventions in 9 of the 13 states ratify this Constitution, it

will be established as law for the United States of America