3+ chapter 3 (part 2): brief overview of the constitution

3+

CHAPTER 3 (PART 2):

BRIEF

OVERVIEW OF THE

CONSTITUTION

TIMELINE① 1776: Declaration of

Independence

② 1777: Articles of Confederation (in force 1781)

③ 1789: United States Constitution

Preamble (the real one)

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.

THE CONSTITUTION (1787)

Defines the fundamental law of federal government;

Sets forth three branches of the federal government and outlines their jurisdictions;

Limits the power of the government to restrict the basic rights of U.S. citizens;

Is the supreme law of the land.

Who is in Charge???

A. PRESIDENT?

B. SPEAKER?

C. PRESIDENT OF THE SENATE?

D. CHIEF JUSTICE?

THE FIRST 3 ARTICLES

ARTICLE I: Legislative Branch

ARTICLE II: Executive Branch

ARTICLE III: Judicial Branch

SECTION 1.LEGISLATIVE POWERS AND

CONGRESS

All legislative Powers belong to Congress of the United States:

Senate and

House of Representatives.

SECTION 2.THE HOUSE OF

REPRESENTATIVES

Elected every 2 years by the people in the States

SECTION 2.THE HOUSE OF REPRESENTATIVES

QUALIFICATIONS

Must be 25 years old; citizen for 7 years; live in the state.

There are currently 435 members of the House.

CENSUS TO DETERMINE WHOREPRESENTATIVES REPRESENT

Every 10 years the House will figure out the number and distribution of Reps based on the census.

Every state, regardless of population, must have at least one representative.

Every state determines the boundaries of the districts.

EXCLUSIVE POWERS OF THE HOUSE

① Choose Speaker of House and other Officers

Clerk

Sergeant at Arms

Chief Administrative Officer

Chaplain

② Impeachment.

③ Power to initiate revenue bills

SECTION 3. SENATE

TERM: Serve for 6 years

Two per state

Each have one vote

Elected by the people in the state (17th Amendment, ratified 1913)

SENATE QUALIFICATIONS

Must be

30 years old;

9 years a citizen and

live in the state the person represent

PRESIDENT OF THE SENATE

Vice President is President of the Senate.

Does not vote unless a tie.

Does NOT run the Senate

Majority Leader runs the Senate

SENATE: OFFICERS

The Senate chooses their other Officers

Secretaries of the Senate and the Parties

Sergeant at Arms

Senate Chaplain

SENATE: PRESIDENT PRO TEMPORE

The Senate chooses President pro tempore

Currently Daniel Inouye (D-Hawaii).

Presides over Senate when President of Senate is not there

In modern times that is all the time

IMPEACHMENT

Senate has sole Power to try all Impeachments

When the President of the United States is tried, the Chief Justice of the United States presides

Senate can only convict by a two-thirds vote of the members present.

IMPEACHMENT PROCEDURE IN THE SENATE

SECTION 4.THE ELECTION OF CONGRESS

EACH STATE LEGISLATURE determines the

① Times,

② Places and

③ Manner of holding Elections for Reps and Senators

SECTION 4.THE ELECTION OF CONGRESS

CONGRESS

may change the time and manner,

May not change the places.

EACH CHAMBER determines

who wins the election and

Qualifications (beyond what is in the constitution [e.g., age]).

BILL TO LAW PROCEDURE

PASS: Must pass both chambers and sent to President;

SIGN: If President approves, s/he signs it into law;

VETO: If President does not approve, it is vetoed and returned to Congress for reconsideration.

OVERRIDE VETO: If both chambers vote by 2/3rd majority, the vetoed bill becomes law.


SIGN BY DEFAULT:

President does not sign bill within 10 days (not counting Sundays), AND

Congress is in session

It becomes law.


POCKET-VETO:

President does not sign bill within 10 days (not counting Sundays), AND

Congress is NOT in session

It does NOT becomes law.

BILL TO LAW SUMMARY

CONGRESS: Both Chambers pass identical bill

PRESIDENT ACTION:

Sign (YES)

Veto (NO) & Override veto (YES)

PRESIDENT ACTION:

Default (YES)

Pocket Veto (NO)

SECTION 8. ENUMERATED POWERS OF CONGRESS

1. TAXES:

Set and collect

Taxes,

Duties,

Imposts and Excises


2. DEBTS:

Pay Debts


3. REGULATE COMMERCE:

To regulate Commerce

with other Nations, and

among the several States [Interstate Commerce], and

with the Indian Tribes


4. COMMON DEFENSE:

Provide for the common Defense and general Welfare of the United States;


5. BORROW MONEY:

on the credit of the US;


6. NATURALIZATION:

To establish uniform Rules;


7. BANKRUPTCIES:

To establish uniform Laws throughout the United States;


8. MONEY:

Coin,

regulate value of it, and

of foreign currency,


9. WEIGHTS AND MEASURES:

Fix the standard for weights and measurements;


10.POST OFFICES AND POST ROADS:

Establish post offices

Establish post roads for the delivery of the mail


11. INTELLECTUAL PROPERTY. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Copyrights for writings

Patents for useful inventions


12. ESTABLISH COURTS INFERIOR TO SUPREME COURT


(Defense)

13. DECLARE WAR.


(Defense)

14. ARMIES:

Conscribe and

Support


(Defense)

15. NAVY:

Provide and

Maintain


(Defense)

16. MILITIA:

To provide for calling forth the Militia

to execute the Laws of the Union,

to suppress Insurrections and

to repel Invasions;


17. NECESSARY AND PROPER CLAUSE:

To make all laws that are necessary and proper for carrying into execution

the powers in Article I, Section 8, and

all other powers vested by the constitution

in the US government; or

in any department or

officer of the United States.

SECTION 1

“EXECUTIVE POWER” VESTED IN PRESIDENT.

TERM.

President and Vice President hold Office for a Term of four Years

ELECTION PROCEDURE —THE ELECTORAL COLLEGE (EC)

Established as a compromise between election of president by Congress and election by popular vote.

EC consists of 538 electors

1 per House District [435] +

1 per senator [100]+

3 for DC [23rd Amendment].

ELECTION PROCEDURE —THE ELECTORAL COLLEGE (EC)

Each State’s allotment of electors =

number of House members

+ two Senators.

Census is used to reapportion the number of electors allocated among States.

THE ELECTORAL COLLEGE (EC)(continued)

NOVEMBER (ELECTION DAY):

DATE:

Tuesday after the first Monday in November

ELECTION:

Electors are a popularly elected body chosen by the States and the District of Columbia.


DECEMBER (STATE’S ELECTORAL VOTE):

WHAT:

Electors meet in each State to vote for President and Vice-President

WHEN:

The first Monday after the second Wednesday in December.


WINNER:

MAJORITY (NOT MOST):

270 electoral votes is required to elect the President and Vice President.

NOTE:

No Constitutional provision or Federal law requires electors to vote in accordance with the popular vote in their State.


o What happens when a person running for President fails to get 270 electoral votes?

HOUSE ELECTS THE PRESIDENT

House elects the president (12th Amendment)

The top 3 electoral vote getters are on ballot.

The vote is taken by State, with each State delegation having one vote.

i.e., Wyoming has the same vote as California

Majority vote (+50%) wins

SENATE ELECTS VICE PRESIDENT

Senate selects Vice President

Two candidates who received the greatest number of electoral votes are on ballot

Each Senator has a vote.

Majority vote decides who is the President of the Senate

QUALIFICATIONS TO BE PRESIDENT

President must be a

Natural Born Citizen;

35 years old;

14 years residence in USA.

PRESIDENTIAL 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.”

Notice: the phrase “so help me God” is not a part of the oath in the constitution.

POWERS OF THE PRESIDENT

COMMANDER IN CHIEF

Of the Army and Navy

Of State Militia, when called into actual Service of the United States


PARDONS.

Power to grant Reprieves and Pardons for Offenses against the US, except in Cases of Impeachment.


MAKE TREATIES.

With Advice and Consent of Senate

Requires 2/3rds of the Senators present to concur


NOMINATE.

With the Advice and Consent of the Senate, shall appoint

Ambassadors, other public Ministers and Consuls,

Judges of the supreme Court, and

all other Officers of the United States.


RECESS APPOINTMENTS.

When the Senate is in recess, the President has the power to fill all vacancies.

These commissions expire at the end of that session of Congress (the end of every even year)

IMPEACHMENT AND REMOVAL STANDARD

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for (by the House), and Conviction of (by the Senate):

① Treason,

② Bribery, or

③ other high Crimes and Misdemeanors

ARTICLE III.THE JUDICIAL BRANCH

Judicial Power of the United States vested in one supreme Court

AND

In such inferior Courts as the Congress may from time to time ordain and establish.

ARTICLE III.THE JUDICIAL BRANCH:

INDEPENDENT JUDICIARY

LIFETIME APPOINTMENT:

The Judges stay on the bench “during good behavior

COMPENSATION:

Compensation cannot be decreased during their continuance in office.

JUDICIAL REVIEW

ALL courts are required to interpret and apply the Constitution

Power was not explicitly mentioned in the Constitution, the principle was definitively established by the 1803 Supreme Court case Marbury v Madison (Chief Justice John Marshall wrote the opinion of the court).

US Supreme Court is final interpreter of US Constitution

SECTION 1: FULL FAITH & CREDIT

Each state must give Full Faith and Credit to the public acts (laws), records (e.g., marriage), and judicial proceedings (e.g., divorce) of every other State.

Congress has the power to prescribe the Manner in which these Acts, Records and Proceedings shall be proved, and the effect of them.

SECTION 2.PRIVILEGES AND IMMUNITIES

The Citizens of each State shall be entitled to all PRIVILEGES AND IMMUNITIES of Citizens in the several States.

This means that one state cannot treat a person from another state differently than a citizen of their state.

PROCESS STEP 1: PROPOSAL

① Amendments to the Constitution may be proposed

a) by a 2/3 vote of both houses of Congress, or

b) by a Constitutional convention called by Congress upon the appeal of 2/3 of state legislatures.

PROCESS STEP 2: RATIFICATION

② Any proposed amendments must be ratified by

a) 3/4 of state legislatures or

b) Constitutional conventions called by the states.

SUPREME LAW OF THE LAND

The US Constitution, and the federal laws made in pursuance of the Federal Constitution; and all treaties under the authority of the United States, are the supreme law of the land.

① The US Constitution;

② Federal laws; AND

③ All US treaties

STATE JUDGES

Judges in every state are bound by the Federal Constitution.

OATH TO CONSTITUTION

OATH OR AFFIRMATION. Who are bound and who must take oath:

Federal and State members of legislatures,

Federal and State executive officers

Federal and State judicial officers.

RELIGIOUS TEST

A RELIGIOUS TEST cannot be required as a qualification to any office or public trust under the United States.

THE AMENDMENTS

First Amendment

Fourth Amendment

Fifth Amendment

Sixth Amendment

Fourteenth Amendment

1st AmendmentRELIGION, SPEECH, PRESS,

ASSEMBLY

“Congress shall make no law....”

Establishment Clause Free Exercise of Religion Free Speech Free Press Right of Assembly Right to Petition

RELIGION

a) ESTABLISHMENT OF RELIGION: ... respecting an establishment of religion, or

b) FREE EXERCISE OF RELIGION: ... prohibiting the free exercise thereof; or

SPEECH AND PRESS

c) FREEDOM OF SPEECH: ... abridging freedom of speech, or

d) FREEDOM OF PRESS: ... abridging freedom of the press; or

ASSEMBLY AND PETITION

e) RIGHT OF ASSEMBLY: ... the right of the people peaceably to assemble, and

f) RIGHT TO PETITION GOVERNMENT: ... to petition the Government for a redress of grievances.

AMENDMENT IV.SEARCH & SEIZURE

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 to be seized.

KEY TERMS IN THE FOURTHAMENDMENT

THEIR

Personal expectation of privacy

UNREASONABLE

Reasonableness leads to exceptions to the warrant clause

KEY TERMS IN THE FOURTHAMENDMENT

SEARCH

Intrusion into a protected privacy interest

SEIZURE

loss of liberty or property

5th AmendmentDOUBLE JEOPARDY,

SELF-INCRIMINATION, DUE PROCESS

DOUBLE JEOPARDY

No person can be tried twice for the same crime



SELF-INCRIMINATION

In a criminal case, the defendant cannot be compelled to testify



DUE PROCESS

No one can be deprived of life, liberty, or property, without due process of law

6th AmendmentTHE RIGHTS OF THE ACCUSED

In all criminal prosecutions, the accused shall enjoy....

a) TRIAL. Right to a speedy and public trial,

b) IMPARTIAL JURY. Where the crime was committed

c) ACCUSATIONS. Informed of the nature and cause of the accusation;

6th AmendmentTHE RIGHTS OF THE ACCUSED

In all criminal prosecutions, the accused shall enjoy....

d) WITNESSES. Confronted with witnesses against defendant;

e) SUBPOENA POWER. Compulsory process for obtaining witnesses in his/her favor, and

f) COUNSEL. To have the Assistance of Counsel for his/her defense.

13th Amendment 14th Amendment15th Amendment

13TH AMENDMENT: ABOLISHMENT OF SLAVERY

Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction.

Except as a punishment for crime (where the person has been convicted)

14TH AMENDMENT: CITIZENSHIP

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of:

the United States and

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;

14TH AMENDMENT: PRIVILEGES OR IMMUNITIES

No State can deprive any persons of life, liberty, or property, without due process of law

The incorporation clause: Bill of Rights applying to the state

E.g., Defendant challenges the search of his car in state court. He will use the 4th Amendment made applicable to the states through the due process clause of the 14th amendment

14TH: DUE PROCESS CLAUSE

No State can deny to any person within its jurisdiction the equal protection of the laws.

Can the state stop people of different races from marry each other?

YES (Pace v Alabama, 1883)

NO (Loving v Virginia, 1967)

14TH: EQUAL PROTECTION CLAUSE

15TH: VOTING RIGHTS (BLACK MALES)

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Congress has the power to enforce this through appropriate legislation

19TH: VOTING RIGHTS (SEX)

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

26TH: VOTING RIGHTS(18 YEAR OLDS)

The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

3+ chapter 3 (part 2): brief overview of the constitution

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