The United States

Constitution

A.A. The Declaration of IndependenceThe Declaration of Independence

What was it? What was it? Propaganda designed to gain support of Propaganda designed to gain support of Europeans (French) and Loyalists Europeans (French) and Loyalists

Who wrote it? Who wrote it? A committee headed by Thomas JeffersonA committee headed by Thomas Jefferson

When: When: 17761776

Why: Why: The Revolutionaries needed more supportThe Revolutionaries needed more support

What it Says:What it Says:

1. Parts - 1. Parts - Philosophy and List of GrievancesPhilosophy and List of Grievances

2. Basic Principles – 2. Basic Principles – Social Contract Theory –Social Contract Theory –

Government is created to serve the Government is created to serve the needs of the people. needs of the people. First formulated by John LockeFirst formulated by John Locke

B. The Articles of ConfederationB. The Articles of ConfederationB. The Articles of ConfederationB. The Articles of Confederation

What was it: First American government

Who wrote it: The Second Continental Congress

When: 1777

Why: Rule by law rather than individuals

Problems with the Articles of Confederation:

1. Unable to collect taxes

2. Unable to regulate interstate trade

3. No Executive to enforce laws

4. No Judiciary to interpret laws

5. 9/13 states needed to pass laws and all needed to Amend the Articles

Could - make peace, appoint officers, and run the post office.

Articles of Confederation1781“League of

Friendship”Each state

independent13 members to

CongressCould make peaceCoin MoneyAppoint Army officersPost officeJohn Hancock -

President

Then came – Shay’s RebellionEx-soldiers and

officers prevented courts from session in Massachusetts.

Continental Congress has no money or troops

Whoops – no state militia either

Raised funds and hired individuals to break up the rebellion

What it was: What it was: Committee that wrote the ConstitutionCommittee that wrote the Constitution

Who was there: Who was there: Delegates from the statesDelegates from the states

When: When: 1787 in Philadelphia, Pennsylvania 1787 in Philadelphia, Pennsylvania

Why they met: Why they met: To revise theTo revise the Articles of ConfederationArticles of Confederation

Who wasn’t there?Who wasn’t there?

The Philadelphia ConventionThe Philadelphia Convention

Preamble sets forth the goals of the government

Who can recite?

Basic Principles of the Constitution

Popular SovereigntyBy ConsentLimited GovernmentSeparation of PowersChecks and BalancesFederalism

Basic Principles of the ConstitutionSupreme law of the Land – Constitution takes precedence over state and

Congressional laws

Popular Sovereignty – the power of the government comes from the people. Government can exist only with the consent of the people.

Limited government - government is restricted in what it may do. Each individual has rights that the government may not take away.

Separation of Powers- Power divided equally among the three branches of government

Checks and balances – system of overlapping powers to allow the branches to check on the actions of others.

Federalism – a form of government with a written constitution divides the power between a central government and several local governments – i.e. state and local.

Republic –the people elect representatives to make decisions for them

Federal System – Separation of powers between different levels of government

The Options for distributing power geographically

Delegated, Reserved, and Concurrent Powers

Delegated Powers – powers directly granted to federal government

Reserved Powers – powers retained for the states

Concurrent Powers – powers shared at state and federal level

Enumerated Powers – powers that are listed in the constitution

The PlansVirginia PlanGovernor Randolph

and MadisonStrong National

government3 BranchesTwo Houses – one

chosen by people and one by the other house

State laws could be vetoed by National Government

Representation based on population – benefit to the larger states.

The New Jersey PlanWilliam Patterson Amend the articles

not replace themGave some

additional powers to the national government but kept one vote per state.

Favored the smaller states

Great CompromiseBi cameral LegislatureThe Connecticut Plan

Vote 5-4 with two not voting and two absent

65 member House – by populationSenate – two members each state (chosen

by state legislatures)Electoral College4 year term – no bar on number of termsSupreme Court nominated by President and

confirmed by Senate

Anti-Federalists vs FederalistsAnti-Feared to much

power to the elite

-Failed to Protect Freedoms

-State powers over Central government

Federalists- Federalist Papers- representative

form of democracy over direct

- divided among levels of government

- promised to add bill of rights

Madison – Protection against the Tyranny of the MajorityMadison is the

Father of the Constitution

He had some hesistation about strong national government

Protections placed in the constitutionSeparation of PowersChecks and Balances Only the House was

directly elected

Structure of the Constitution Preamble7 ArticlesI Legislative BranchII Executive BranchIII Judicial BranchIV Relations among the StatesV Procedures for AmendmentsVI Debts. Supremacy of National Law, Oaths,VII Ratification of the Constitution

AmendmentsBill of Rights – 1st 10 Amendments27 Amendments

Amendments to the Constitution Amendments 1-10 are the Bill of Rights, which include:

1st – Freedom of religion, speech, press, assembly and petition4th – Protection from unreasonable search and seizure5th – Due Process of Law – right to a fair trial, no double

jeopardy, not to self-incriminate 6th – Speedy and Fair Trial – to have a Jury trial, to know your

accuser, to know the charges against you, to have a defense attorney

8th – No Cruel and Unusual Punishment1oth – Undelegated powers reserved to the states and the

people13th – 15th – Civil War Amendments16th – 19th – Progressive Amendments21st – Prohibition Repealed22nd – No Third Term23rd – District of Columbia can vote in Presidential elections25th – Presidential Succession and Disability26th – Voting Age 18 (1971)

Article IArticle ILegislative BranchLegislative Branch

1.1. Function: - Make the LawsFunction: - Make the Laws2.2. Congressional Joint PowersCongressional Joint Powers

a. Levy and collect taxesa. Levy and collect taxesb. Raise and maintain militaryb. Raise and maintain militaryc. Grant statehoodc. Grant statehoodd.Control national landsd.Control national landse. Regulate interstate tradee. Regulate interstate tradef. Naturalize citizensf. Naturalize citizensg. Declare warg. Declare warh. Control making of currencyh. Control making of currency

SenateSenate

Qualifications for Qualifications for SenatorsSenators

30 years old30 years oldU.S. citizen for 9 yearsU.S. citizen for 9 yearsresident of state resident of state

electedelected

Election by the People Election by the People 6 year term6 year term 2 Members per State 2 Members per State Powers reserved for Powers reserved for

SenateSenateconfirm Presidential confirm Presidential appointmentsappointmentsapprove/reject treatiesapprove/reject treaties Jury for impeachment Jury for impeachment

trialtrial

House of RepresentativesElected by the People2 Year Term Based on Population (435)Powers reserved for the

HouseTaxesBegins impeachmentElects President if Electoral

College fails to do soQualifications

25 years oldU.S. Citizen for 7 yearsResident of the state

elected

Grants Congress the power to make laws “necessary and proper” to run the government

Elastic Clause

Article 1 section section 8 states 18 enumerated powers but the most powerful is the Elastic Clause.

Article IIArticle IIExecutiveExecutive BranchBranch

1.1. Function – Execute the LawsFunction – Execute the Laws2.2. Members:Members:

a.a.PresidentPresident1. Qualifications1. Qualifications

a. 35 years olda. 35 years oldb. Natural-born citizenb. Natural-born citizenc. U.S. resident for 14 yearsc. U.S. resident for 14 years

2. Method of Selection – Electoral 2. Method of Selection – Electoral CollegeCollege3. Term of Office – 4 years- maximum 3. Term of Office – 4 years- maximum of 2 termsof 2 terms

Powers of the President:Powers of the President:

a. Execute laws passed by Congressa. Execute laws passed by Congress

b. Make treaties with advice and consent b. Make treaties with advice and consent of the Senateof the Senate

c. Appoint ambassadors and federal judgesc. Appoint ambassadors and federal judges

d. Suggest measures to Congressd. Suggest measures to Congress

e. Veto lawse. Veto laws

f. Commander-in-Chief of armed forcesf. Commander-in-Chief of armed forces

g.Head of State and Chief Executiveg.Head of State and Chief Executive

h. Pardon and reprieveh. Pardon and reprieve

i. Call special sessions of Congressi. Call special sessions of Congress

Vice PresidentVice President1. Qualifications1. Qualifications

a. 35 years olda. 35 years oldb. Natural-born citizenb. Natural-born citizenc. U.S. resident for 14 c. U.S. resident for 14

yearsyears2. Method of Selection – Electoral 2. Method of Selection – Electoral CollegeCollege3. Term of Office – 4 years- 3. Term of Office – 4 years- maximum of 2 termsmaximum of 2 terms

Duties Duties 1. Head of the Senate – votes in 1. Head of the Senate – votes in case of a tiecase of a tie2. Duties as determined by the 2. Duties as determined by the PresidentPresident

Article IIIJudicial Branch

1.1. Function – Interpret LawsFunction – Interpret Laws2.2. Members – Members –

a. a. Method of Selection – Presidential Method of Selection – Presidential AppointmentAppointment

b. b. Term of office – Life (or Retirement)Term of office – Life (or Retirement)

3.3. Powers – Powers – a. try cases based on the breaking of lawa. try cases based on the breaking of lawb. interpret meaning of lawsb. interpret meaning of laws

4.4. StructureStructurea.a. District Court –District Court – Starting point of most casesStarting point of most casesb.b. Appellate Court – 3 Justice panel – appeals Appellate Court – 3 Justice panel – appeals

onlyonlyc.c. Supreme Court – Original and Appellate Supreme Court – Original and Appellate

jurisdiction – jurisdiction – Highest Court Highest Court in in the Landthe Land

Court Decisions

“The Constitution is what the Supreme Court SAYS it is!”

Necessary and Proper clause, Judicial Review, and interpreting the Constitution

Checks and BalancesExecutive

J udicial Legislative

Appoi

nts Ju

stices

Can Veto B

ills

Calls Special sessions

of CongressCan O

verride Veto by 2/3 M

ajority

Can Impeach and Try

President

Senate approves Treaties

and Presidential

appointments

Can Declare Laws UnconstitutionalSenate Approves

appointments to Judicial Branch

Article VAmending the Constitution

To Propose an Amendment: 2/3 Vote in Both Houses of Congress…National Convention Called by Congress

when Requested by 2/3 of the State Legislatures (never been done)

…Amending the Constitution

To Ratify an Amendment:3/4 of State Legislatures (38 today)

…

3/4 of State Ratifying Conventions (done once for the 21st amendment)

“ Informal Amendment”TJ said that each generation should have their own constitution….The constitution is a living document.Precedent and CustomElastic Clause Court interpretation of the LawJudicial review

More Terms to know and where are they found in the constitutionAnti Federalists view of the constitutionShay’s RebellionFull Faith and Credit Clause Necessary and Proper ClauseBill of attainderEx Post Facto LawWrit of Habeas CorpusNecessary and Proper Clause

The Illinois ConstitutionWritten in 1970, it is patterned after the U.S. Constitution

Part One: BranchesA. Executive Branch

1. Function: Execute the Laws

2. Membersa. Governor – Chief Executive

b. Lieutenant Governor – Assists the Governor

c. Treasurer – Controls money spent by the state

d. Comptroller – Controls money coming into the statee. Attorney General – Chief legal officer for the statef. Secretary of State – Controls all legal record for the state

Illinois Legislative Branch – General Assembly

1. Function: Create the Laws

2. Members

a. House of Representatives1. Term of Office: 2 Years

2. Number of Members 2 per district – 118 total

b. Senate1. Term of Office: 4 years

2. Number of Members: 1 per district – 59 total

Judicial Branch1. Structure

a. Circuit Court – Original jurisdiction – Divided into different courts for different functions

b. Appellate Court – Hears appeals – 3 judge panel

c. Supreme Court – 7 judge panel – serve for 10 years

2. Method of Selection: Election (different from Federal)

3. Term of Office: 4 years

U.S. vs. Illinois ConstitutionSimilarities

Three branches of government with a separation of powers

Structure – Preamble, Articles, Bill of Rights and Amendments Bicameral legislature System of Checks and Balances

Differences IL elects judges and Cabinet Different terms for senators; different legislative names Voters in IL must approve an amendment No term limit on governor in Illinois

Voting ProceduresAt least 18 years oldCan only vote in your home precinctIf you cannot be in your polling place on election day, you can

request an absentee ballot in advanceIf you do not vote for over 4 years, your registration is

cancelledWe use an Australian ballot, which lists all of the candidates

for an office on the same ballot

United States FlagThe U.S flag should be flown above the flags of states and

cities. It should be flown at the same level as other nations’ flags.

Flag symbols – 50 stars to represent the 50 states and 13 states to represent the original 13 states.