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OPENING
Why is it so important to learn about the Constitution?
How does President Obama have the power/authority to ban flights from other countries with people infected with Ebola?
Can President Obama change laws on immigrations through an executive order without going through Congress?
Can a state prohibit same sex marriage? Can a state ban all forms of birth control? Can a cop search my car when he/she pulls me over for speeding? Under what circumstances can a cop search my home? Can my future employer fire me for something I say that they disagree
with? Do we have a “right to die” or can a doctor or family/friend be charged
with murder if they assist someone with suicide? How can a President lose the popular vote and be elected president? Do I have to stand up and say the Pledge of Allegiance everyday?
Broken into 7 Articles1 = Legislative Powers2 = Executive Powers3 = Judicial Powers4 = States Powers5 = How to make amendments6 = National Debt validation, Supremacy of
National Law, Oath to Constitution7 = Ratification of Constitution
We the People
of the United States, in
Order to form a more
perfect Union, establish
Justice, insure domestic
Tranquility, provide for the
common defence, 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.
Do Now: We the People….
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.
Article 1 – Legislative Branch
Section 1 Congress=House of Reps +
Senate
Section 2 House of Reps..Lower House
Elected every 2 years voted by popular election Qualifications
25 years old Citizen of US for 7 yrs live in state elected in
Section 2 continued # of Reps by state determined by
Population free persons indentured servants 3/5 OTHER PERSONS
Representation #’s recalculated every 10 years
House of Reps choose Speaker of the House
top position in the House Powers
Impeachment $$$$ Bills
Are the stipulations assigned to congressmen regarding age and
citizenship appropriate?
…If so, why?
…If not, why not?
Section 3 2 Senators per state
Elected every 6 years voted by state legislatures
Today?? Popular election Qualifications
30 years old Citizen of US for 9 years Live in state elected in
3 Senate Classes 1/3 of senate seats come up
for reelection every 2 years About 33 in each class
Pres. of the Senate = Vice President
Deciding Vote if needed
Section 3 2 Senators per state
Elected every 6 years voted by state legislatures
Today?? Popular election Qualifications
30 years old Citizen of US for 9 years Live in state elected in
3 Senate Classes 1/3 of senate seats come up
for reelection every 2 years Pres. of the Senate = Vice
President Deciding Vote if needed
Powers Impeachment trials (2/3
needed)
Impeachment – Checks & Balances
Laws are not amendments…Not permanent
Can be removedCan Expire
http://www.youtube.com/watch?v=x4ND1tBsMw0
Proposed in House (or Senate)Written in House
CommitteeVoted by House
Needs simple majority…Goes to Senate
Rewritten in Senate Committee
Voted by SenateNeeds simple majority…
Needs to be identical bill
Given to President to sign
He can either (3)Sign itVeto itSit on it
Congress can override his veto (check to his power) with 2/3rd voteRare though
Flip to Article 5
Amendment is permanent
First2/3 House & Senate
approveAmendment has ~7
years to be ratified3/4 of State Legs
(38/50) ratify itSecond
2/3 of state legislatures call for Convention to make an amendment
Congress is overridden3/4 of State Legs ratify itStill hasn’t been done
Section 8
1. create and collect taxes, duties, imposts and excises2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. DECLARE WAR13. TO RAISE AND SUPPORT ARMIES14. TO PROVIDE AND MAINTAIN A NAVY15. to call militias (national guard) to uphold the Constitution16. use the national guard to suppress insurrections and invasions17. 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
17. 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
17. 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
1. create and collect taxes, duties, imposts and excises2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. DECLARE WAR13. TO RAISE AND SUPPORT ARMIES $$14. TO PROVIDE AND MAINTAIN A NAVY15. to call militias (national guard) to uphold the Constitution16. use the national guard to suppress insurrections and invasions17. 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
1. create and collect taxes, duties, imposts and excises
2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. declare war13. to raise and support armies $$$14. to provide and maintain a navy15. to call militias (national guard) to
uphold the Constitution16. use the national guard to suppress
insurrections and invasions
Title = Elastic ClauseLook at the powers given
to the Congress & try to determine how/where the following laws added power to Congress
Patriot Act 2001Japanese Internment CampsAffordable Care ActFederal ReserveSEC, EPA, FCC, FAA Immigration Law (never
passed) of 2007 + 2011You come up with one
Is it or to have this in the Constitution? Why?
In 1787, the US gov & its powers were SMALL… Is it today?
Elastic Clause leads to MANY debates in US1… Bank of the United States Roads debate
And US2… FDR and New Deal
And Philsosophically Loose vs Strict
Elastic Clause is used ALOT in American History
Section 9…Powers denied to Congress Congress will not stop the
migration and importation of “Such Persons” until 1808
can put a tax on “Such Persons” Habeas Corpus shall not be
suspended unless in cases of Rebellion or Invasion and the public safety is in question
no ex post facto Law shall be passed
no title of nobility will be granted by the USA
Section 10…Powers Denied to states Fixes articles of confed.
Section 10…Powers Denied to states Fixes articles of confed. First paragraph protections
national powers from state incursions (ie No coining money)
Paragraph 2 – States may not interfere with international trade of US
CLOSING
What potential problems are there in allowing an elastic clause? How might this
defeat the purpose of the constitution? Does it contradict the idea of limited
government or is government still limited?
First Option 2/3rds House and Senate approve Amendment has a few years of life ¾ of State Legs have to approve it
Second Option ¾ state Conventions make an amendment Congress is overridden Only done with 21st amendment
Article 6…Debts, Supremacy, Oaths All debts that existed before this Constitution (states debts)
will be valid against the new Federal Government Supremacy clause!!! States must follow these laws first
before their own All Govt. officials are bound to the Constitution by Oath
Article 7…Ratification If 9 of the 13 states ratify the Constitution, it will be
established