The Constitution of the United States of America

1. The Constitution of the United States of America

2. 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.

3. Article I- Congress • Sec. 2- Representative Qualifications • Representative qualifications • 25 years old • Seven years living in the U.S. • Inhabitant of state • Serve 2 year period • Each state gets at least one Representative • Mandate Census taken every ten years • 3/5 Clause under this section since slavery affects population

4. Article I- Congress • Section 3- Senate Qualifications • Each state receives two senators • Senators chosen by state legislatures • 1913 – 17th amendment • 30 years of age, nine years in U.S., state resident • Vice President is President of the Senate • Serve six year term • Impeachment • House impeaches, Senate tries impeachments

5. Article I- Congress – 6thfinished • Section 7- Passing laws • Both House and Senate must approve of bills to become laws • Revenue bills must originate in House • Vetoes • Passing bills over President’s veto • 2/3 vote required

6. Article I- Congress • Section 8- Congressional Powers • Tax • Borrow money, pay debt • Interstate commerce • Coin money • Declare war • Issue patents

7. Article I- Congress • The Elastic Clause (Necessary & Proper Clause) • Article I, Section 8, Clause 18 • To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

8. Article I- Congress • Section 9- Congressional Prohibitions • Bill of Attainder – legislative act that inflicts punishment without a court trial • Ex Post Facto Law – law created after the fact • No Nobility – no titles of nobility • Habeas Corpus cannot be suspended

9. Article I- Congress • Section 10- State Prohibitions • States may not make treaties or alliances • Cannot coin money • Engage in war except for invasion

10. Article II- The Presidency • President/ Vice President • Term of Office • 4 years, repeating • Qualifications • 35 years old • 14 years resident of U.S. • Natural born Citizen

11. Article II- The Presidency • Electoral College • Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress • Today- 538 electoral votes • 270 needed to win

12. Article II- The Presidency • Original Election Procedures • Vice President was runner up • Changed after the 1800 presidential election • 12th Amendment – votes for President and VP are cast separately

13. Article II- The Presidency • Section 2- Presidential Powers • Commander-in-Chief of military • Commander of militia • With Senate approval, the president can • Make treaties (2/3 approval) • Nominate ambassadors • Appoint all federal judges • Appoint all federal officers/ department heads

14. Article II – The Presidency • Executive Orders • The President can make binding decisions • The role of the President is to make quick decisions when the nation requires it (Congress too slow) • These orders are limited by Congressional funding & popular opinion • War • Congress declares war, but sometimes we go to war without formal declarations • President is the C-in-C & the head of state, so this provides the President with a great deal of say when it comes to military matters • The President has the power to “repeal sudden attacks.” This has left room for interpretation as to the powers of the President • Again, the President cannot do much without the compliance of Congress who controls the money

15. Article II- The Presidency • Section 4- Impeachment • The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of treason, bribery, and other high crimes and misdemeanors

16. Article III- Judiciary • Supreme Court • Numbers decided by Congress • President appoints justices • Serve for life • All cases related to the Constitution, laws of the land, treaties, admiralty and maritime cases • Judicial review? – Art. 3 “Judicial power extends to all cases arising under the Constitution, the Laws of the US and treaties…” • Inferior Courts • Congress establishes types of courts • Today’s system • Federal District Courts • Federal Circuit Courts of Appeal

17. Supreme Court Justices - 2010 • John Roberts – Chief Justice – GW Bush • Antoine Scalia – Reagan • Anthony Kennedy – GHW Bush • Clarence Thomas – GHW Bush • Ruth Bader Ginsburg – Clinton • Stephen Breyer – Clinton • Samuel Alito – GW Bush • Sonia Sotomayor – Obama • Elena Kagan - Obama

18. Article IV- State Relations • Section 1- Full Faith and Credit • Each state must respect the public records and court decisions of every other state • Section 2- Privileges and Immunities • No state may discriminate against residents of other states- they may not give privileges to their own citizens that they don’t offer to other states’ citizens

19. Article V- Amendments • Two Proposal Methods • 2/3 vote of both houses of Congress • Convention called by Congress at request of 2/3 of State legislatures • Two Ratification Methods • ¾ vote of state legislatures • ¾ vote of state conventions

20. Article VI- General Provisions • Supremacy Clause • Constitution is supreme law of land • Federal law is superior to state law • States may not violate the Constitution, an act of Congress, a treaty, or other federal rules

21. Article VII- Ratification • Nine states needed in order to effect

22. Checks and Balances • http://www.usconstitution.net/consttop_cnb.html

23. Federalism • Constitution divides power between the federal government and constituent provinces/states • Reserved Powers are powers granted to one level of government only • Form a military, declare war is federal • Public schools is a state level • Concurrent powers are powers that both federal and state governments possess • Taxation, pass laws, courts, borrowing money