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The US ConstitutionThe US Constitution Article IArticle I: The Legislative Branch: The Legislative Branch
Bicameral, qualifications, methods of selection, terms of Bicameral, qualifications, methods of selection, terms of office, operating procedures, officersoffice, operating procedures, officers
Powers: tax, regulate commerce, coin money, etc.Powers: tax, regulate commerce, coin money, etc. Elastic Clause: “Congress shall make all laws which Elastic Clause: “Congress shall make all laws which
shall be shall be necessary and propernecessary and proper for carrying into for carrying into execution the foregoing powers”execution the foregoing powers”
Article IIArticle II: The Executive Branch: The Executive Branch Term of office, electoral college, qualifications, Term of office, electoral college, qualifications, Impeachment: for “Treason, bribery, or other high Impeachment: for “Treason, bribery, or other high
crimes and misdemeanors”crimes and misdemeanors” Role as Commander-in-Chief, authority to make treaties Role as Commander-in-Chief, authority to make treaties
w/ consent of Senate w/ consent of Senate State of the UnionState of the Union
The US ConstitutionThe US Constitution
Article IIIArticle III: The Judiciary: The Judiciary Establishes Supreme CourtEstablishes Supreme Court Congress may set up “such inferior Congress may set up “such inferior
courts as they deem necessary”courts as they deem necessary” No specification of number of judges or No specification of number of judges or
qualificationsqualifications Life tenure or terms of “good behavior”Life tenure or terms of “good behavior” Congress may not lower judicial Congress may not lower judicial
salaries while a judge holds officesalaries while a judge holds office
The US ConstitutionThe US Constitution Article IV Article IV
““full faith and credit” clause – states must honor laws full faith and credit” clause – states must honor laws and proceedings of other statesand proceedings of other states
ExtraditionExtradition Admission of new statesAdmission of new states Guarantee of republican government for statesGuarantee of republican government for states
Article VArticle V How amendments may be addedHow amendments may be added
Article VIArticle VI Treaties of the US bind all statesTreaties of the US bind all states Prohibits religious tests for holding officeProhibits religious tests for holding office
Article VIIArticle VII Procedures for ratification of ConstitutionProcedures for ratification of Constitution
Features of the Features of the ConstitutionConstitution
Constitutional FrameworkConstitutional FrameworkPreamble + Articles I. – VII.Preamble + Articles I. – VII.
Constitutional FeaturesConstitutional Features FederalismFederalism Checks and BalancesChecks and Balances Flexibility (Amendment Process)Flexibility (Amendment Process) Unwritten ConstitutionUnwritten Constitution
Ratification Debate (Federalists vs. Anti-Ratification Debate (Federalists vs. Anti-Federalists)Federalists)
PREAMBLE = PurposePREAMBLE = Purpose
We the People of the United States, in Order to… We the People of the United States, in Order to… form a more perfect Union, form a more perfect Union, establish Justice, establish Justice, insure insure domestic Tranquilitydomestic Tranquility, , provide for the common provide for the common defencedefence, , promote the general promote the general WelfareWelfare, , and secure the Blessings of Liberty to ourselves and secure the Blessings of Liberty to ourselves
and our and our PosterityPosterity……
do do ordainordain and establish this Constitution for the and establish this Constitution for the United States of America.United States of America.
Federalism – Federalism – powers divided powers divided between national, state & local between national, state & local
governmentsgovernments
National
State Local
Delegated powers – given to Delegated powers – given to the National Governmentthe National Government
To coin moneyTo coin money To declare warTo declare war To regulate interstate and foreign To regulate interstate and foreign
tradetrade To raise an armyTo raise an army To issue patents and copyrightsTo issue patents and copyrights
Reserved powers – left for Reserved powers – left for the states the states
Amendment 10 established the reserved Amendment 10 established the reserved powers of the statespowers of the states
Examples of reserved powers (different Examples of reserved powers (different from state to state):from state to state):
EducationEducation Driving rules and regulationsDriving rules and regulations Hunting and fishing rulesHunting and fishing rules Marriage, divorce lawsMarriage, divorce laws GamblingGambling Death penaltyDeath penalty
Concurrent powers – shared Concurrent powers – shared by national & state by national & state
governmentsgovernments TaxTax Borrow moneyBorrow money Police powersPolice powers Build & maintain roadsBuild & maintain roads Operate courtsOperate courts
Implied powers – given to Implied powers – given to National governmentNational government
The The “elastic clause”“elastic clause” of the Constitution of the Constitution Allows Congress to stretch the Allows Congress to stretch the
delegated powers to cover a related delegated powers to cover a related topictopic
Article I Section 8 Paragraph 18Article I Section 8 Paragraph 18 – – Congress has the power to make all Congress has the power to make all laws that are laws that are “necessary and proper”“necessary and proper” to to carry out the delegated powerscarry out the delegated powers
Examples of the Elastic Examples of the Elastic ClauseClause
The power to tax, borrow money →The power to tax, borrow money → It may be “necessary & proper” to create a It may be “necessary & proper” to create a
Bank of the United States to manage the Bank of the United States to manage the moneymoney
The power to raise an army → The power to raise an army → It may be “necessary & proper” to draft It may be “necessary & proper” to draft
people into military servicepeople into military service The power to regulate interstate The power to regulate interstate
commerce →commerce → It may be “necessary & proper” to regulate It may be “necessary & proper” to regulate
railroads that travel across state linesrailroads that travel across state lines
Denied powers to National Denied powers to National Gov’t– specifically prohibits Gov’t– specifically prohibits
certain actionscertain actions No No ex post facto lawsex post facto laws
Can’t back date a law to make an act a Can’t back date a law to make an act a crime if it wasn’t a crime at the time crime if it wasn’t a crime at the time committedcommitted
No No bill of attainderbill of attainder Can’t pass a law to deny a person the right Can’t pass a law to deny a person the right
to trial by juryto trial by jury
No titles of nobilityNo titles of nobility No tax on exportsNo tax on exports
Powers Denied to the State Powers Denied to the State GovernmentsGovernments
States can’t coin moneyStates can’t coin money States can’t tax imports or exportsStates can’t tax imports or exports States can’t declare warStates can’t declare war States can’t make treatiesStates can’t make treaties States can’t grant States can’t grant letters of marque & reprisalletters of marque & reprisal
A commission granted by the government to a A commission granted by the government to a private individual, to take the property of a foreign private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, a reparation for an injury committed by such state, its citizens or subjects. its citizens or subjects.
A vessel loaded with merchandise, on a voyage to a A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defense in case friendly port, but armed for its own defense in case of attack by an enemy, is also called a letter of of attack by an enemy, is also called a letter of marque. marque.
Separation of PowersSeparation of Powers – – 3 branches of government3 branches of government
Legislative branch – makes the lawLegislative branch – makes the law
Executive branch – enforces the lawExecutive branch – enforces the law
Judicial branch – interprets the lawJudicial branch – interprets the law
Checks & BalancesChecks & Balances
to prevent any one branch from to prevent any one branch from becoming too powerfulbecoming too powerful
Flexibility in the Flexibility in the ConstitutionConstitution
Allows the Constitution to keep up Allows the Constitution to keep up with changes with changes AmendmentsAmendments can add or delete wording can add or delete wording
in the Constitutionin the Constitution Judicial InterpretationsJudicial Interpretations – different judges – different judges
may interpret the Constitution differentlymay interpret the Constitution differently Elastic clauseElastic clause allows Constitution to allows Constitution to
“stretch” so as to adapt to different times “stretch” so as to adapt to different times and circumstances.and circumstances.
The Amendment ProcessThe Amendment Process
Proposed byProposed by Ratified byRatified by
2/3 vote by both 2/3 vote by both houses of the houses of the CongressCongress
¾ of the legislatures ¾ of the legislatures of the states (38 of of the states (38 of 50)50)
2/3 vote by specially 2/3 vote by specially elected National elected National ConventionConvention
¾ of specially elected ¾ of specially elected state conventionsstate conventions
The Unwritten ConstitutionThe Unwritten Constitution Customs and traditionsCustoms and traditions that aren’t that aren’t
written into the document but are an written into the document but are an important part of how the government important part of how the government operatesoperates
Examples:Examples: Political PartiesPolitical Parties President’s CabinetPresident’s Cabinet Committees in CongressCommittees in Congress Judicial ReviewJudicial Review
Ratification ProcessRatification Process 9 of 13 state conventions would have to 9 of 13 state conventions would have to
approve the new Constitution before it approve the new Constitution before it goes into effectgoes into effect
Allows public debate on the plan to take Allows public debate on the plan to take place place
2 groups emerge2 groups emerge FederalistsFederalists who supported the stronger who supported the stronger
central gov’t.central gov’t. Anti-FederalistsAnti-Federalists who preferred stronger state who preferred stronger state
gov’ts. & feared a more powerful national gov’t gov’ts. & feared a more powerful national gov’t that could deny people their rightsthat could deny people their rights
FederalistsFederalists
Who?Who? George Washington, Alexander George Washington, Alexander
Hamilton, James Madison, John JayHamilton, James Madison, John Jay Reasons?Reasons?
Strong central gov’tStrong central gov’t Represented varied interestsRepresented varied interests Would provide order & protect people’s Would provide order & protect people’s
rightsrights
Anti-FederalistsAnti-Federalists
Who?Who? Patrick Henry, Samuel Adams, Richard Henry Patrick Henry, Samuel Adams, Richard Henry
Lee, George ClintonLee, George Clinton Reasons?Reasons?
““Good gov’t” was small, local, closely Good gov’t” was small, local, closely controlled by people through yearly electionscontrolled by people through yearly elections
Too much power in executive branchToo much power in executive branch Philadelphia Convention not open to publicPhiladelphia Convention not open to public Wanted a Bill of Rights to protect them from Wanted a Bill of Rights to protect them from
the abuse of powerthe abuse of power
Why did the Federalists Why did the Federalists win?win?
Well-organizedWell-organized Well-financedWell-financed Acted quicklyActed quickly Had voting qualifications--could elect their Had voting qualifications--could elect their
people to the state conventionspeople to the state conventions The FederalistThe Federalist (or “The Federalist Papers”) (or “The Federalist Papers”)
– urged support; convincing arguments– urged support; convincing arguments Influential people supported – Washington, Influential people supported – Washington,
Hamilton, Madison, FranklinHamilton, Madison, Franklin Agreed to add a Bill of Rights Agreed to add a Bill of Rights
(Amendments # 1 – 10)(Amendments # 1 – 10)