The United States Constitution

An application and understanding of this document and the responsibilities of citizenship in our country today!

United States Constitution

»Make up:

• one preamble

• seven Articles

• twenty-seven Amendments

The Preamble

• An introduction and explanation of why it was written.

• ““We the people of the United StatesWe the people of the United States, , in order to in order to form a more perfect unionform a more perfect union, , establish justiceestablish justice, , insure domestic tranquilityinsure domestic tranquility, , provide for the provide for the common defensecommon defense, , promote the general welfarepromote the general welfare, , and secure the blessings of liberty to ourselves and secure the blessings of liberty to ourselves and our posterityand our posterity, , do ordain and establish this do ordain and establish this constitution for the United States of America”constitution for the United States of America”

Article I (one)

• Establishes the legislative branch of government

• this branch MAKES the laws

• This is the largest most involved part of the Constitution… our founders felt that the Congress would be the driving branch of our government.

Article One of the Constitution.• Section one – defines the law making branch of our government

• Section two – (in 5 parts) –Identifies the House of Representatives• Section three – (in 7 parts) – Identifies the upper house of the legislature –

Senate

• Section four – (in 2 parts) – Identifies the operating procedures of Congress

• Section five – (in 4 parts) – deals with the rules of order

• Section six – (in 2 parts) – deals with compensation and office holding

• Section seven – (in 3 parts) –deals with the law making procedures

• Section eight – (in 18 parts) – defines the powers of Congress

• Section nine – (in 8 parts) – deals with the powers denied to Congress

• Section ten – (in 3 parts) – deals with the powers that are denied to the states

Article I• Structure:

• a Congress composed of two houses (bicameral legislature)

• Bills must pass both houses by a “simple majority” vote… meaning 1 more than half… in order to become laws

• Members of both houses are chosen by DIRECT popular vote. The 17th amendment changed voting for the Senate from state legislatures to direct popular vote

United States Senate

Article I - Senate• Structure:

• A United States Senate (upper house) where each state has equal representation - TWO senators from each state (staggered terms- 1/3 of the seats up for election every

two years)• Currently there are 100 senators• Senators serve 6 year terms• must be at least 30 years of age; a citizen for 9 years; and

a resident of the state represented (ie only PA residents can be a PA senator)

United States SenatePennsylvania

• Senator Robert P. Casey Jr. Senator Patrick Toomey• (Republican) (Democrat)• Serving until 2019 Serving until 2017

• Pay: $174,000 a year

• Senators Office expenses range from• $2,264,345 to $3,751,995

113th CongressU.S. Senate

• 45 Republicans• (Minority Party)

• 54 Democrats• (Majority Party)

• 1 Independent

United States SenateLeadership

President of the Senate is

Joseph BidenPresident Pro

Tempore Patrick Leahy

of Vermont

Minority Whip Jon Kyl of

Arizona

Majority Leader Harry Reid of

Nevada                                   

Minority Leader Mitch McConnel of

Kentucky

                                  

Majority Whip Dick Durbin of

Illinois

U.S. House of Representatives

Article I - House of Representatives• One House of Representatives - composed of

representatives from each state based on proportional representation… meaning… the more people living in the state will entitle that state to a larger number of representatives.

• Original House had 65 members @ 1:30,000• Today there are 435 voting members (capped)• Representatives serve 2 year terms; must be at

least 25 years old; a citizen for 7 years; resident of the state that they are representing

United States House of Representatives

• Congressman Scott Perry of Pennsylvania’s 4th Congressional District

• Speaker of the House; John Boehner of Ohio

House Members earn $174,000 a year

Office expenses range from $701,136 to $1,636,750

Speaker earns $223,500 a year

House of RepresentativesLeadership

113th CongressU.S. House of Representatives

• 234 Republicans

• Majority Party

• 201 Democrats

• Minority Party

435 Total Members

Majority LeadersRepublicans

Speaker Boehner of Ohio

• Majority Leader Eric Cantor of Virginia

Pay for leadership is $193,400 a year

• Majority Whip Kevin McCarty of California

House of RepresentativesMinority Party: Democrats

• Minority Whip: Steny Hoyer of Maryland

• Assistant Democratic Leader: James Clyburn of South Carolina

• Minority Leader: Nancy Pelosi of California

Non Voting Members of the United States House of Representatives

• Washington D.C.

• American Samoa

• Guam

• U.S. Virgin Islands

• Northern Mariana Islands

• Resident Commissioner of Puerto Rico (4 year term)

Article I - How a Bill becomes LAW

• This process is covered in Article One but we will cover after discussing the entire Constitution

Bill goes to the President

Hypothetical Bill• Miss Sarah Fieldler feels that there should be new

interstate exit at Lake Redman to enable people coming to and from Dallastown quicker access to Route 83

• She contacts our Congressman… The Honorable Scott Perry of Pennsylvania’s fourth Congressional District.

• Congressman Perry thinks this is a good idea and in order to make his bill more “powerful”, he asks Congressman Lou Barletta of Harrisburg (PA- District 11) and Joe Pitts of Lancaster (PA- District 16) to co-sponsor his bill.

House of Representatives.• On March 17th, Congressman Perry introduces his

idea for a new exit on Interstate 83.• The Clerk reads the bill and it is placed in the

“hopper”• As this bill deals with transportation, the House

Parliamentarian assigns the bill to the House Transportation and Infrastructure Committee. It is the 770th bill proposed in this session of Congress so it is given the number HR770

House of Representatives -Transportation and Infrastructure Committee

Republican Chairman: Ranking Minority Member:Bill Schuster – PA Nick Rahall- WV

The committee has 71 members…39 Republicans and 32 Democrats

CommitteeChairman Bill Schuster of Pennsylvania must consider what “Sub-Committee” should look more deeply into HR 770.

*His choices:– Coast Guard and Maritime Transportation

– Economic Development, Public Buildings and Emergency Management

– Highways and Transit

– Railroads, Pipelines and Hazardous Materials

– Water Resources and Environment

– *What sub-committee would you have research HR 770?

The House transportation sub committee, (Highways and

Transit) calls hearings and begins to see if a real need exists.

• Democrats

• Eleanor Holmes Norton, District of Columbia, Ranking MemberPeter A. DeFazio, OregonJerrold Nadler, New YorkEddie Bernice Johnson, TexasMichael E. Capuano, MassachusettsMichael H. Michaud, MaineGrace F. Napolitano, CaliforniaTimothy J. Walz, MinnesotaSteve Cohen, TennesseeAlbio Sires, New JerseyDonna F. Edwards, MarylandJanice Hahn, CaliforniaRichard M. Nolan, MinnesotaAnn Kirkpatrick, ArizonaDina Titus, NevadaSean Patrick Maloney, New YorkElizabeth H. Esty, ConnecticutLois Frankel, FloridaCheri Bustos, IllinoisNick J. Rahall, II, West Virginia, (ex officio)

• Republicans

• Thomas E. Petri, Wisconsin, ChairmanDon Young, AlaskaHoward Coble, North CarolinaJohn J. Duncan, Jr., TennesseeJohn L. Mica, FloridaFrank A. LoBiondo, New JerseyGary G. Miller, CaliforniaSam Graves, MissouriShelley Moore Capito, West VirginiaDuncan Hunter, CaliforniaEric A. “Rick” Crawford, ArkansasLou Barletta, PennsylvaniaBlake Farenthold, TexasLarry Bucshon, IndianaBob Gibbs, OhioRichard L. Hanna, New YorkSteve Southerland, II, FloridaReid J. Ribble, Wisconsin, Vice ChairSteve Daines, MontanaTom Rice, South CarolinaMarkwayne Mullin, OklahomaRoger Williams, TexasScott Perry, PennsylvaniaRodney Davis, Illinois

The End

– In August, the sub-committee holds hearings in Washington.

– *Many people from York and Dallastown are brought in to discuss the need.

– *In October, the Sub-Committee feels that the cost does not warrant this expansion project and the Bill dies here.

The President of the United States

Article II (two)in 4 sections

• Section one – defines the president and vice president and election

• Section two – powers of the president

• Section Three – duties of the president

• Section Four – Removal from office

• Establishes the Executive Branch of Government

• Executive Branch ENFORCES the law

44th President of the United

States, Barack Obama

Article II (two)

• One President who serves as chief executive

• One Vice-President who assists President

• Currently 15 Executive Departments that advise the President (Cabinet)

• Currently 6 Cabinet Rank members that advise the president

                                                                                           

             

Article II (two)

• President serves a 4 year term with a maximum of 10 years (22nd Amendment)

• QUALIFICATIONS

• at least 35 years old

• Natural Born Citizen

• Resident of the U.S. for 14 years

• elected by the Electoral College

Electoral College

• Each state is entitled to as many electors as it has representatives in Congress (House of Representatives and Senate)

• Pennsylvania gets 20 electors

• We have 18 seats in the House of Rep.

• We have 2 Senators

• Representatives can not be electors• California has 55 (53 H.of R. and 2 Senators)• www.270towin.com

Electoral College

• Each state legislature (ie Harrisburg) directs how its state picks electors.

• Pennsylvania works on the Party Pledge system. Related to popular vote

• General Election is the first Tuesday followed by a Monday in November

Electoral College

• Electoral College “votes” in their state capital on the first Monday following the second Wednesday in December.

• Electors receive a Bible and $3.00

• Separate Ballots are taken for the President and Vice-President

Electoral College- question for today

• Purpose?

• The founding fathers felt that the American People were not “smart” enough to make INFORMED decisions. That is why Senators were originally chosen by state legislatures and the President chosen by the Electoral College

Electoral College… question?

• Do you think the Electoral College is needed today or do you think that it is an antiquated institution that has outlived its purpose? In other words, do you think the American people can make wise and informed decisions on who our country’s chief executive should be on their own?

Presidents who lost the popular vote

• 6th -John Quincy Adams who lost by 44,804 votes to Andrew Jackson in 1824

• 19th-Rutherford B. Hayes who lost by 264,292 votes to Samuel J. Tilden in 1876

• 23rd-Benjamin Harrison who lost by 95,713 votes to (22 & 24) Grover Cleveland in 1888

• 43rd-George W. Bush who lost by 543,816 votes to Al Gore in the 2000 election.

Executive Department Pay

• $400,000 – Presidential Salary– $50,000 – annual expenses

• $208,100 – Vice-Presidential Salary

• Retirement: $191,300 and $150,000 for running an office (based on current cabinet member salaries)

United States PresidentVideo Program

United States Federal Courts

Article III (three)In 3 sections

• Section one – Established the Supreme Court

• Section two – defines jurisdiction

• Section three – Treason

• Judicial Branch of Government

• Responsible for INTERPRETING the law

Article III

• Structure: • “…one Supreme Court, and in other such

inferior Courts as the Congress may from time to time ordain and establish”

• At present, the Supreme Court is made up of 9 At present, the Supreme Court is made up of 9 Justices. One who serves as the Chief Justice Justices. One who serves as the Chief Justice (Honorable John G. Roberts) and the other 8 (Honorable John G. Roberts) and the other 8 are Associate Justicesare Associate Justices

Article III - Judicial Branch today

United States Supreme Court

(the only court established in the Constitution)

11 Federal Circuit Courts of Appeal

94 Federal District Courts

Several hundred special courts

Article III

• Judges in Federal Court system are called Justices

• Term - life• Qualifications: none• Appointed by the

President and approved by the United States Senate

Judicial Thoughts...

• The Act of Judicial Review- first used in Marbury vs. Madison (1803)

• Habeas Corpus - the right to be free from imprisonment until charged with a crime

• Gideon vs. Wainright - (1963) a person charged has the right to a lawyer even if the state must pay for it

• Escobedo vs. Illinois - (1964) police must inform a person charged with a crime that they may consult an attorney

• Miranda vs. Arizona - (1966) people accused of a crime have rights upon arrest

Federal Justice’s Salary

• $208,100 – Chief Justice Salary

• $199,200 – Associate Justice’s Salary

Article IV (four)

• States must recognize acts and records from other states

• citizen’s rights and privileges are guaranteed from one state to the next

• rules for adding new states and governing territories

• states are guaranteed protection

Article V (five)

• There are 4 (2) ways to amend the Constitution. Over 7,000 proposed; 34 sent to the states; 27 ratified.

• Most common: proposed in Congress and pass both houses with a 2/3 majority vote

• Then 3/4 of states must approve• 26 of 27 amendments passed this way• 21st Amendment (repeal of prohibition) was

passed differently… see overhead

Article VI (six)National Supremacy

• Debts acquired by prior U.S. Debts acquired by prior U.S. governments will be assumed (taken governments will be assumed (taken over) by the new government under the over) by the new government under the ConstitutionConstitution

• Constitution is the FINAL authorityConstitution is the FINAL authority

• Office holders must swear an oath to the Office holders must swear an oath to the United States ConstitutionUnited States Constitution

Article VII (seven)

• In order for the Constitution of the United States to become “The Law of the Land”, 9 of the 13 states had to approve it.

• This article was only used once… ratification, once done does not need to be done again and again and again

Miscellaneous Constitutional Characteristics

• Checks and Balances

• Each of the three branches of government has power and authority over the other two so as to maintain a fair and “appropriate” government

Federal government is divided into three separate branches, each with its own responsibilities and powers.

ExecutiveLegislative Judicial

Miscellaneous Constitutional Characteristics

• Division of powers between national and state governments

• Residual or reserved power - powers for the STATE governments only

• enumerated or delegated power -powers for the NATIONAL government only

• concurrent powers - powers that both the federal and state governments may exercise.

Growth of government as a nation grows and changes

• Elastic Clause - found in Article I section Elastic Clause - found in Article I section 8, clause 18 - Congress… “8, clause 18 - Congress… “to make all to make all laws which shall be necessary and properlaws which shall be necessary and proper for carrying into execution the foregoing for carrying into execution the foregoing powers, and all other powers vested by powers, and all other powers vested by this Constitution in the government of this Constitution in the government of the United States, or in any department the United States, or in any department of officer thereof”of officer thereof”