The United States Constitution

ORGANIZATION OF THE CONSTITUTION

-In addition to the Preamble, that we have already covered, there are SEVEN ARTICLES (Sections) in the Constitution.-Each article covers a specific branch or area.

Article One – The Legislative BranchArticle Two – The Executive BranchArticle Three – The Judicial BranchArticle Four – Relations Among StatesArticle Five – Amending the ConstitutionArticle Six – Supremacy of the National GovernmentArticle Seven – Ratification

-Each section or part of the Constitution has a specific purpose.-We will briefly go over each section – the rest is covered in your Constitution Workbook.

The United States Capitol Building where Congress meets.

The United States Capitol Building at night.

Article One – The Legislative Branch-The Legislative Branch has the responsibility of making our nation’s laws. -It is also known as Congress.-The main roles and powers of Congress are:

*To pass legislation (laws)*Declare war*Regulate trade and regulate money*Confirm presidential appointments*Approve treaties*Impeach federal officials *Override presidential vetoes

-Congress has two parts, The House of Representatives (larger house) and The Senate (smaller house).-The House of Representatives is known as the Lower House and the Senate is called the Upper House.

-The House of Representatives has 435 members.-Membership in the House is determined by the population of the state.-More populated states have more representatives.-California has 53 representatives in the House, because it is the state with the largest population at 37,253,956.-Every state has at least ONE representative, even the nations least populated state of Wyoming with a population of 563,626-The apportionment of representatives is based on the U.S. Census that is conducted every TEN years (ex – 2010).-If one state gains a representative, then another state must lose a representative, because the number in the House cannot exceed 435. -Members are elected by the popular vote of the citizens to the House of Representatives and serve TWO year terms.-They may run for office and serve as many times as they want

-There are three qualifications that you must have to hold office in the House of Representatives:

a) Must be at least 25 years of age.b) Must have been a U.S. Citizen for at least seven

years.c) Must be a resident of the state that they are running

for office at the time of the election.-The leader of the House is called the Speaker of the House and is chosen by members of the House from his/her party.-The current Speaker of the House is John Boehner (R) from Ohio.-Kentucky has a total of six members in the House of Representatives.-The representative for Kentucky’s 3rd Congressional District (includes Jefferson County) since 2007 has been John Yarmouth (D). He has been elected four times to his position.

-The Senate consists of 100 members.-Membership in the Senate is EQUAL for every state.-All states have TWO Senators, regardless of their size.-California has TWO Senators even though they are the most populated state and Wyoming has TWO Senators even though they are the least populated state.-In the House of Representatives, highly populated states have more power than lightly populated states, but in the Senate each state, regardless of population has EQUAL power. -Members are elected by the popular vote of the people to the Senate and serve SIX year terms.-Until the 17th Amendment was passed in 1913, Senators were chosen by state legislatures - not the people. -They may run for office and serve as many times as they want-There are three qualifications that you must have to hold office in the Senate:

a)Must be at least 30 years of age.b)Must have been a U.S. Citizen for at least nine years.c)Must be a resident of the state that they are running for

office at the time of the election.-The leader of the Senate is the Vice President.-He does not participate in Senate debates.-His only specific job is to vote in-case of a tie. -The real leader of the Senate is the President Pro Tempore.-There is no actual law for how to choose the President Pro Tempore, but it traditionally goes to the majority party’s senator who has served the longest in the Senate. -The current President Pro Tempore of the Senate is Patrick Leahy (D) from Vermont since 2012.-Kentucky has two senators:

a) Mitch McConnell (R) since 1985. He has been elected to his position five times. He is also the Senate Minority Leader and Kentucky’s senior senator.

b) Rand Paul (R) since 2011. He is Kentucky’s junior senator.

-Both Houses of Congress begin their new session or meetings each year during the first week of January. (January 3)-We are currently in the 113th Congress which began on January 3, 2013 (20th Amendment) and will last for two years. -The average days worked by Congress since 1977 is about 140.-Whichever political party has the most members in one of the houses, is called the Majority Party and the party with the least members is called the Minority Party. -Most of their work is conducted in small committee meetings.-After the committees work, then they bring bills to the whole floor that they are proposing to become new laws. -A quorum of each house must be present for that house to conduct business in a full session.

-A quorum in the House of Representatives is 218 or one more than half if there are no vacancies.-A quorum in the Senate is 51 or one more than half if there are no vacancies.-Another procedural rule in Congress is a filibuster.-A filibuster is an informal term for any attempt to block or delay Senate action on a bill or other matter by debating it at length or talking for an extremely long time.-If a member of Congress dies in office, resigns or can not serve for any other reason under Article 1, Section 2, clause 4 this happens:

a) The governor of the state where the member of Congress is from can call for a special election

b) The governor of the state where the member of Congress is from can appoint someone until the next general election

The Presidents role in law making is to either sign it into law or to veto it and send it back to Congress.

Article Two – The Executive Branch-The Executive Branch has the responsibility of enforcing our nation’s laws.

The White House, where the President of the United States lives and works is at 1600 Pennsylvania Avenue NW in Washington, D.C.

-The leader or head of the Executive Branch is the President of the United States. -The President is elected to serve a FOUR year term.-Since 1951, he can ONLY serve TWO full four-year terms.-The 22nd Amendment was passed to limit the Presidential terms to two, because one President won FOUR STRAIGHT Elections and served as President from 1933-1945. -The President is chosen by Electors from the Electoral College, based on the popular vote in each state.-Each state receives the amount of electors that equal the total of their members in the House of Representatives and their two Senators. -Kentucky has SIX members in the House and has TWO Senators, so they have EIGHT ELECTORAL VOTES.-California has 55 Electoral Votes and Wyoming has three. -A Vice President also serves as the President’s back-up.

-If a President dies, resigns or is removed from office, then the Vice President takes over for the remainder of the term.-A President can possibly be removed from office by impeachment proceedings.-The President can be impeached by the House of Representatives.-Impeach means for the House of Representatives to bring charges of serious crimes against a President.-If the President is found guilty, he can be removed from office by the Senate who serves as the jury in the case. -The Supreme Court oversees the proceedings as judges. -Two Presidents have been impeached, but neither was removed from office. -Andrew Johnson in 1868 and Bill Clinton in 1998. -The President has FIVE MAIN ROLES that he is responsible for.

1) CHIEF EXECUTIVE:*In this role, the President acts like a CEO of a company, solving problems and making key decisions for our nation.*He can also issue executive orders, nominate judges, appoint government officials, oversee all federal agencies and enforce the laws passed by Congress.

2) COMMANDER-IN-CHIEF:*He is the Supreme Commander of all branches of the U.S. Military (Army, Navy, Marines, Air Force, Coast Guard and National Guard) *He can authorize the use of the U.S. Military for up to 60 days without the approval of Congress or their Declaration of War.

3) CHIEF DIPLOMAT and CHIEF OF STATE:*He is the foreign policy director acting as a representative of the U.S. to foreign nations.

*He can make treaties with foreign nations with the approval of Congress.*He is the ceremonial head of the U.S. government

4) CHIEF LEGISLATOR:*He recommends proposed laws to Congress.*He can veto legislation that Congress wants to pass.*He can approve legislation passed by Congress.*He proposes a federal budget.

5) HEAD OF A POLITICAL PARTY:*By being in the top position of his party, the President helps shape the direction and platform that his party will go.

-The President and Congress must sometimes, work together, even though they have different political beliefs.

-When Congress passes a law, the President has a way to try and block the law if he disagrees with it.

-The President can veto a law that Congress is trying to pass.-VETO, means to cancel or reject a law that Congress has passed. -If the President vetoes a law, Congress can still pass the law by overriding or undoing the Presidents veto.-Congress can do this with a two-thirds majority vote for the new law.-The President is also able to issue Executive Orders, which have the power of law. -Another power the President has is to issue Pardons, or freedom from punishment, to persons convicted of federal crimes or facing criminal charges.-The President also oversees fifteen Executive Departments, such as the State Department, Department of the Treasury, Department of Defense, etc.

-The leaders of each department is called a secretary, such as the current Secretary of State – John Kerry. -These secretaries advise the President.-The secretaries are nominated by the President, but must be approved or confirmed by the Senate.-There are three qualifications that you must have to become the President of the United States of America:

a) Must be at least 35 years of age.b) Must be a NATURAL BORN U.S. Citizen.c) Must have been a U.S. resident for at least 14 years.

-Let’s look at some of the benefits of the President and some different looks at the White House.

This is again the front of the White House and faces North toward Pennsylvania Avenue NW in Washington, D.C.

This is Portico in the rear of the White House that faces South. This is where most foreign dignitaries or diplomats enter the White House.

A view from the South of the White House with the Presidents helicopter flying over the large south lawn.

Another view from the South of the White House from the Washington Monument.

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The National Christmas Tree South of the White House.

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The Presidential Bowling Alley in the White House.

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The White House Press Room where news conferences are held by the President. It seems like it would be really large, but holds only about 50 seats for reporters.

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The White House Oval Office, where the President of the United States does his work as the President.

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This is the main White House Layout

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Pennsylvania Avenue-Front of the White House

Great Lawn – South of the White House

The White House Floor Plan of the First Floor. Again, the Diplomatic Reception Room is where special guests are greeted by the President or another high ranking Executive Office Official.

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The White House Floor Plan of the Second Floor. Again, the Diplomatic Reception Room is where special guests are greeted by the President or another high ranking Executive Office Official.

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The White House Floor Plan of the Presidential Living Quarters.

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A White House cutaway that shows the rooms you can tour. You can arrange for tours through your member in Congress. Requests to get your White House tour tickets must be submitted at least six months in advance.

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DIPLOMATIC RECEPTION ROOM

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THE CHINA ROOM, where

china (dishes) are displayed of

former Presidents.

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THE VERMEIL ROOM, where pictures of former first ladies hang.

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THE LIBRARY, where 2700 books about History exist. It’s also used for small meetings or tea.

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THE EAST ROOM, where large parties or receptions are held at the White House.

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THE GREEN ROOM, is furnished in the style of the Federal period, with many pieces made by the famous New

York cabinet maker Duncan Phyfe.

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THE BLUE ROOM, is furnished with furniture from the time period that James Monroe was President.

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THE RED ROOM, is furnished in the Empire style of 1810-30, the Red Room is one of the four state reception rooms at the

White House.

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THE STATE DINING ROOM, is used for receptions, luncheons, and larger formal dinners called state dinners for visiting Heads of

State. It seats 140 guests for formal dinners.

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AIR FORCE ONE, the President’s official plane, flying over Mount Rushmore

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AIR FORCE ONE, the President’s official plane, flying over the Statue of Liberty in New York.

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AIR FORCE ONE, the President’s official plane, on the ground with the President and staff exiting.

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Inside AIR FORCE ONE, the President’s official plane, discussing business with a department head.

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MARINE ONE, the President’s official helicopter, used for taking short trips.

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Washington Monument

JeffersonMemorial

CAMP DAVID, the President’s personal vacation home that he can access at any time.

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CAMP DAVID is located in Frederick County, Maryland, about 62 miles North of Washington, D.C.

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Pennsylvania Avenue*CAMP DAVID

We can’t forget the White House Dog “Bo Obama”

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Article Three – The Judicial Branch-The Judicial Branch is made up of a system of federal courts headed by the U.S. Supreme Court.-The Constitution created the U.S. Supreme Court, but it was the Judiciary Act of 1789 that created our current system of lower district and circuit courts. -The main role or job of the Judicial Branch is to interpret the law or say what it means by looking at other cases.-They also preside over impeachment trials.-They add additional power in 1803 when judicial review is added in a court decision by Chief Justice John Marshall.

The Supreme Court Building of the United States Supreme Court.

Authority of Law and Contemplation of Justice statues by James Earle Fraser, found outside of the Supreme Court Building.

“Equal Justice Under Law” found on the upper façade outside of the Supreme Court Building.

The inside of the Supreme Court Building where the Oral Arguments are heard during a trial.

The inside of the Supreme Court Building in the Justices’ Conference Room where they discuss cases.

-Federal courts can strike down or stop either a state or federal law that they believe is unconstitutional.-The only thing Congress can do is to try and make adjustments to the law and pass it again hoping it passes the courts the next time around. -Federal judges are appointed by the President and approved by Congress.-Federal judges are appointed for life, to try and keep them from being influenced by political parties, meaning they are supposed to be above politics. -Lower federal courts are called District Courts and there are 94 of these lower courts.-There is at least one of these courts in every state, plus five American territories. Kentucky has two of these courts.-There are 13-Court of Appeals that a person convicted of a crime can have their case retried hoping for a different verdict.

Location of the 13 U.S. Courts of Appeal that a case can be taken to. Eleven appeals courts are shown with black circles. Number 12 is assigned to Washington, D.C. Number 13 is the United States Court of Appeals for the Federal Circuit, whose jurisdiction is subject-oriented and nationwide.

12

Appellate Court #13 is Nationwide

-If the Supreme Court declines to hear a case, then the appeals courts, decision is final.-There are NINE justices that sit on the U.S. Supreme Court.-There are eight associate justices and one Chief Justice of the Supreme Court who leads the court.-There are no specific requirements to become a member of the Supreme Court.-This means there are no age, citizenship or resident requirements. -The only requirement you must meet to be a justice on the Supreme Court is to get through the nomination process by Congress.

The current (2013) Supreme Court Justices from bottom row-left to right, Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Anthony Kennedy, Ruth Bader Ginsburg, top row, Sonia Sotomayor, Stephen Breyer, Samuel Alito and Elena Kagan.

-In the entire history of the U.S. Supreme Court there has only been 112 justices.-There have only been 17 Chief Justices of the Supreme Court in the history of the court. -The salary of the Chief Justice is $223,500 per year and $213,900 for each associate justice.

Article Four – Relations Among States-This Article outlines the duties states have to each other, as well as the duties that the federal government has to the states.-Article IV, Section 1 is called the Full Faith and Credit Clause which addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." -Article IV, Section 2, Clause 2 requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee.-Extradition is the official process whereby one state surrenders a suspected or convicted criminal to another state. -This keeps criminals from committing crimes in one state and then running off to another state to escape punishment.-Article IV, Section 2, Clause 3 also said that runaway slaves had to be returned to their rightful owner, but was voided when the 13th Amendment abolished slavery.

-Article IV, Section 3, Clause 1, said that Congress may admit new states to the Union. -It states that no new state, however, may be formed by joining multiple states, without the consent of all state legislatures concerned.-Article IV, Section 3, Clause 2, deals with how Congress can rule territories such as Puerto Rico, Guam and America Samoa.-Article IV, Section 4 makes two guarantees to the states:

a) It guarantees that every state will have a Republican form of Government.

b) It guarantees that every state will be protected from invasion. Article Five – Amending the Constitution-Article V explains how the Constitution can be amended, altered or changed.

-An Amendment may be proposed by either:a) two-thirds of both houses of the United States

Congress ORb) by a national convention assembled at the request of

the legislatures of at least two-thirds of the states.-To become part of the Constitution, an amendment must be ratified by either:

a) the legislatures of three-fourths of the states ORb) state ratifying conventions held in three-fourths of

the statesArticle Six – Supremacy of the National Government-Article VI, Section 1 agreed that all debts incurred before the Constitution was adopted would be paid off by the National Government.-Article VI, Section 2 is often called the Supremacy Clause.

-The Supremacy Clause meant that any decision made by the Federal Government would rule as the “Supreme Law of the Land”.-This meant that if Federal and State law were in conflict, then the Federal Law would rule. -Article VI, Section 3 said that members of the Legislative, Executive and Judicial Branches must take an oath of loyalty to support the U.S. Constitution.-Article VI, Section 3 also stated that a religious test would NEVER be used for people to run for public office in America. Article Seven – Ratification-Article VII established how many state ratifications were necessary in order for the Constitution to be enacted and how a state could ratify it.

-Under the Articles of Confederation all 13 states would have had to ratify, but under this new Constitution, only 9 of 13 would have to ratify it in order for it to take effect. -The first state to ratify the Constitution was Delaware.-The 9th and deciding state to sign was New Hampshire.-The last and final state to sign was Rhode Island.