Transcript Understanding the Constitution

Understanding the
Constitution
3 Branches of Government
Please prepare your notes for today.
Constitutional
Convention
Members
55 delegates
 White
 Males
 Statesmen, lawyers, planters.
bankers, businessmen
 Most under age 50

Absent
John Adams - Ambassador to
England
 Thomas Jefferson – Ambassador to
France
 Samuel Adams – Not chosen by
state to be part of the delegation

Famous Members
James Madison – “Father of the
Constitution”
 Alexander Hamilton – Leader of the
Federalist Party
 George Washington – Chairman of
the convention
 Benjamin Franklin – Oldest member
nd
at 81, was also at the 2
Continental Congress

Principles of the Constitution
Checks and Balances – A political
system in which branches of
government have some authority
over the actions of the other
branches
 Limited Government – The idea that
government is not all powerful, but
can only do what the people allow it
to.

Federalism
• Federalism: Power is divided between the
central government and the states
Federal
Set up the Treasury
and print money
Set up the Post Office
Set up the U.S. Army
Foreign policy:
Declare war
Trade: Between
states (and overseas)
Concurrent
Raise taxes
State
Set up schools
Borrow money
Set up local
governments
Set up prisons
Set up state
governments
Set up banks
Write state laws marriage age, etc.
Provide health,
safety, welfare
Trade: Within one
state
Principles of the Constitution


Popular Sovereignty – The people
rule. The power of the government
is based on the consent of the
governed.
Separation of powers – The division
of the government into three
separate branches: executive,
legislative, and judicial.
3 Branches of Government
Agreements and
Compromises
 Virginia Plan – Favored by large states
 Written by James Madison
 Endorsed by Alexander Hamilton
 Government with a bicameral legislature
 Large house elected by popular vote
 Smaller house chosen by lager house members from
nominees chosen by state legislatures
 Number of Representatives based on wealth
Agreements and
Compromises
 New Jersey Plan – Favored by small
states
 Proposed by William Paterson
 Unicameral house
 Each state one vote
 Did not require a strong central
government
The Great Compromise
Aka: Connecticut Compromise
 Bicameral house – Benefit all states

One house called Senate
 Members
chosen by the state legislatures
 Each state gets one vote
One house called House of
Representatives
 Members
chosen by population
 Number of members based on population
Agreements and Compromises

Three-fifths clause
Favors Southern states
All slaves would be counted in the
census for representation in the House
as 3/5ths
Agreements and Compromises

Slave and trade compromise
Benefits both North and South
No taxes on exports
No interference with the slave trade for
20 years
Legislative Branch
• Also known as Congress
• Make the nations laws
• Divided into House of Representatives
and the Senate
The House of
Representatives
House of Representatives
• 435 Members
• Number of Representatives for each
state determined by state population
House of Representatives
• States with more people have more
representatives
• Example: California has 53
Representatives
• Example: New Jersey has 13
House of Representatives
• Representatives are elected by the
people
• Representatives serve 2 year term
House of Representatives
• Must be 25 years old
• U.S citizen for 7 or more years
• Resident of state they represent
The House of
Representatives
• The leader of the House of Representatives is called
the Speaker of the House
• The Speaker is the third highest office in the country.
The speaker of the house has the floor when it comes
to legislation.
• The Speaker is the chair of the steering committee
that chooses all committee chairs.
The House of
Representatives
• The Speaker directs all bills to their respective
committees. (If the Speaker hates the bill he can send
it to a committee he knows will kill it or vice versa).
• The Speaker is personally responsible for elevating
members to the "Rules Committee".
• The Speaker is responsible for organizing floor
debates, ruling on the acceptability of floor motions,
and recognizing members who wish to address the
House.
The House of
Representatives
• In any dealings with the Senate, the
Speaker appoints all members of
conference committees.
Speaker of the House
Paul Ryan
The Senate
The Senate
• 100 Senators
• Elected by the people
• 2 from each state
The Senate
• Must be 30 years old
• Must be U.S Citizen for 9 or more years
• Senators serve 6 year terms
The Senate
• The president of the Senate is the Vice
President of the United States
• Vice president casts a vote in case of a
tie
Vice President of the
United States
• Joe Biden
Do Now
Answer the question below in a statement of no less than 7
sentences. Please use a separate sheet of paper!!
• Create one new law in the United States of
America that all citizens have to follow.
• Make sure you answer these questions in your
response.
• How will this law benefit the country?
• What are the potential problems/ costs that this law
could create? Why is your law worth the risk?
Take out last nights homework to be collected.
How a Bill Becomes a Law
Anyone can suggest an idea for a law.
• Individual citizens
• Special interest groups (MAD,
AARP,NAACP ETC..)
• Corporations
• Non governmental organizations
(NGOs)
Lobbying
• Lobbying = influencing public officials to
– take a specific position on a piece of legislation or
– take a desired action
• 501(c)(3)s can spend up to 20 percent of budget
on lobbying*
• Nonprofit organizations can and should lobby
• * According to the Internal Revenue Code.
Lobbying
• Advocacy = GENERAL information about a
problem and proposed solution
• Advocates create awareness
• Advocates suggest improvements to people who
have power
• Advocacy is NOT synonymous with lobbying
• Advocacy is about education
•
Top Lobbyists
• US Chamber of Commerce
• General Electric
• American Medical Association
• American Hospital Association
• Pharmaceutical Research
• Blue Cross Blue Shield
• Exxon Mobil
35
What happens first?
• A member of the House or Senate drafts
a bill.
• They submit the bill to the House or
Senate.
• The bill is then sent to the appropriate
committee.
Bill: A form or draft of a proposed statute presented to a legislature, but not yet enacted or passed and made law.
Committees
Core of Congress where bills are considered .
• Committees allow members to specialize in
policy areas and become experts.
• Majority party sets rules and chooses officers
• Each committee has a chair (from the Majority)
and a ranking member (from the minority).
• They “mark-up” (edit) the bill so it will pass on
the floor.
• They can also “pigeonhole” or kill the bill in
committee.
The Standing Committee
• This is a permanent committee in the
House or Senate that studies bills
related to a general topic, such as
education, agriculture or science.
• The committee chair assigns the bill to
the appropriate subcommittee.
Standing Committees
House Standing:
1. Rules (most powerful of all)
2. Ways and means (deals with tax bills)
3. Appropriations (spending)
4. Budget
5. Armed Services
Senate Standing:
1. Finance (tax bills)
2. Appropriations (spending)
3. Budget
4. Foreign Relations (prestigious) Treaty and ambassador work
5. Judiciary: screen judicial nominees
After Committee
• If the bill passes, the committee writes a
report explaining:
• The key points of the bill
• The changes they have made
• How this bill compares to current laws
• Why they recommend this bill for
approval
• The bill and the report are then sent to
the full House or Senate.
The Bill is Debated and
Voted On in the House and
Senate
• Bills will be considered by the whole
House at once: called “Committee of the
Whole”
• Votes are done electronically in the
House. This is a role call vote.
• A tote board on the wall shows the tally.
Red = oppose. Green = Agree
Yellow = Abstain
Debate on the House Floor
• Before debate begins, a time limit is set
for how long any Member can speak
(usually 1 – 5 minutes).
• First a Member speaks who is for the bill
and then one who is against the bill.
Debate continues in this way.
Debate on the House Floor
• Debate on a bill can be ended by a
simple majority vote.
• Following this debate, amendments to
the bill can then be suggested and
debated. The same rules apply.
• Finally, the bill is put to a vote.
Debate on the Senate floor
• There are no time limits to debate in the
Senate. Members may speak for as long
as they choose.
• Amendments may be offered at any time
during debate.
• At the end of debate, the bill is put to a
vote.
What happens next?
• Both the House and the Senate must
pass similar forms of a bill.
• If a bill is passed in the House or the
Senate, it is sent to the other one for
debate, amendment and a vote.
• After both the House and the Senate
have passed similar bills, the two bills
are sent to a conference committee.
The President
• 1. Sign into law. The President can sign
the bill, which then becomes a law.
• 2. Law without signature. The President
can let the bill sit on their desk for 10
days without signing it while Congress is
in session. The bill then becomes a law.
The President
• 3. Veto. The President can choose to
not sign the bill, so it will not become a
law.
• 4. Pocket veto. If, after 10 days, he has
not signed it and Congress is no longer
in session, the bill does not become a
law.
The President
• If the president vetoes the bill, both
Houses can reconsider the bill.
• Two-thirds (67%) of both Houses are
needed to override the President’s veto.
• In the House: 369 needed for override.
Senate: 67.
Activity
Simulation of Congress
• Students will be divided in half.
• One half will represent the HOR
• Other half represents Senate
Activity
Simulation of Congress
• HoR and Senate groups are divided in
half.
• Each of these groups is responsible for
deciding upon one piece of legislation.
• Use the writing from your “do now”. feel
free to make amendments.
Activity
Simulation of Congress
• After deciding on your bill which bill will be sent
to the floor of the house or senate you will
present your proposed law to the rest of the
senate/HoR.
• Feel free to make amendments once again with
the input from more students.
• After debate has finished, vote on whether or
not the bill should be sent to the other house of
congress for debate
Activity
Simulation of Congress
• If any laws make it through the HoR or
the Senate the bill is given to the other
house of congress for debate and
amendments.
• The bill is then put to a vote.
• If the vote passes the bill is sent back to
the house it originated from for a second
vote.
Activity
Simulation of Congress
• If the bill passes vote for a 2nd time, it is
then sent to the President (Mr. Hoyle)
for signature.
Closure
• Why is it important that both the U.S.
House of Representatives and U.S.
Senate agree to a bill before it is sent to
the President?
• Why should the President have a say in
which bills become laws? What is the
significance of Congress’s ability to
override Presidential vetoes?
• How would a Member’s personal
experiences effect the way he or she
votes on legislation?
Overview of Congress
• Members set own salary (27th amendment)
• Perks: travel allowance, staff, office space,
franking privilege, insurance
• Legislative immunity
• Cannot be arrested or detained while going to
or from a session of Congress
The franking privilege, allows Members of Congress to transmit mail matter
under their signature without postage,
Overview of Congress
• Overrepresentation of white, male,
Protestant, upper-class lawyers in their
50s = status quo/conservative bias.
• Reelection rate in House 90%
• Reelection rate in Senate 80%
The Executive Branch
Executive Branch
• Enforce the laws that Congress passes
• The president is the head of the
executive branch
President of the United
States
• Barack Obama
Requirements To Become
president
• Must be native born U.S citizen
• at least 35 years old
• resident of U.S for at least 14 years
Length of Presidency
• Elected by the people using electoral
college
• Each term is 4 years
• President can only serve 2 terms or 8
years
Role of the President
CHIEF OF STATE
• In this role, the President is a symbolic leader of our
country. He performs many ceremonial duties. As chief of
state, the President: - entertains foreign leaders with
formal dinners
•
Promotes worthy causes (such as posing with the March
of Dimes poster child)
• - Recognizes citizens who have made outstanding
contributions to their community or nation
• -Bestows medals on military heroes
Role of the President
CHIEF EXECUTIVE
•
Makes sure that laws are enforced
• Appoints important officials
•
Grants reprieves and pardons
• Issues Executive Orders
•
Coordinates the efforts of over 150 departments and
agencies. Some of the people who help him carry out
these duties are his Cabinet (13 department heads) and
the White House Executive Office Staff.
Role of the President
Commander In Chief
• The President is head of all the military forces.
• Responsible for raising, training, supervising, and
deploying all the defense forces.
• Reviews the troops and often awards service
medals. The President meets with military officers,
as well as civilian national security advisors.
Role of the President
Chief Diplomat
• The President is the leader, initiator, and guide of
foreign policy. Consults with leaders of foreign
countries, performs ceremonial duties with foreign
leaders and makes decisions for our country
affecting foreign affairs.
• Appoints the Ambassador to the United Nations
who speaks for the United States.
• Negotiates treaties or agreements with other
countries
Role of the President
LEGISLATIVE LEADER
• Recommends laws while advising and guiding the
Congress in its lawmaking activities. (Ex. Current
bill on health care reform.)
• Each year in January as legislative leader, the
President gives his State of the Union Address to a
joint session of Congress. This speech evaluates
the country's domestic and foreign position and
suggests what the President would like to
accomplish in the next year.
Role of the President
• After legislation (a bill which passes both houses of
Congress), the bill does not become law until the
President signs it.
Activity
Answer the following statement in a well thought out paragraph
of no less than 7 sentences.Use your class notes
• What role of the President do you feel is
the most important? Why
Assignment will be collected and graded
Electing the President
Presidential Election
• Held on the Tuesday following the first
Monday in November every 4 years.
• Approximate number of Americans who
cast a ballot in 2008 election: 120
million. 54% of the population.
• Exact number of Americans who
directly voted for president: 538
Electoral College
• When American citizens vote for their
presidential candidate, they’re actually
voting for electors who will become
members of the Electoral College.
Electoral College
• On November 6th, 2012 the U.S. will conduct 51
separate state- level elections.
• These elections will determine the members of
the Electoral College.
• The 538 members of the Electoral College will
meet in their respective state capitals in
December to decide who is the next president of
the United States.
How Electoral College
Works
• Each state (plus the District of
Columbia) has a designated number of
electors, equal to the total number of
representatives that state has in
Congress.
• Number of Senators + Number of Representatives =
A State’s Electors
How the Electoral College
Works
• Each elector casts one vote for
president and one vote for vice
president. A candidate must receive an
absolute majority (currently, 270) of
electoral votes to become president.
How the Electoral College
Works
• They choose from the 5 candidates with
the most electoral votes. Each States
delegation has a single vote.
How the Electoral College
Works
• Electors do not have to vote for the candidate
they were voted to elect, but it’s very rare that
they don’t.
• Some states have laws requiring electors to cast
their votes according to the popular vote, and
threaten fines and jail.
How the Electoral College
Works
• In 2004, a single “faithless elector” voted for
John Edwards instead of John Kerry.
• Faithless Elector: Elector who does not
follow the will of the people.
Effect of the Electoral
College
• One effect of this system is that it
amplifies the popular vote.
• 48 states and the District of Columbia
have “winner-take-all” systems:
• If a candidate wins the popular election
in those states by as little as one vote,
that candidate receives all the electors.
Effect of the Electoral
College
• The winner-takes-all system can exaggerate the
winning margin of the final outcome.
Effect of the Electoral College
• In 1960, John F. Kennedy won the popular vote
by .3%, but he took the electoral vote by 303 to
219.
Effect of the Electoral
College
• The voting procedure of the Electoral
College system makes it difficult for 3rd
party candidates to run for president.
• A 3rd party candidate can have appeal
distributed across the nation, but without
a plurality in any one of the states will
not receive any electoral votes.
Effect of the Electoral College
• In the 1992 presidential
election, independent Ross
Perot received 18.8% of the
popular vote, but zero
electoral votes.
Effect of the Electoral
College
• Four times in our history, the candidate
receiving the most popular votes has not
won the election.
Effect of the Electoral College
• 1824 – Andrew
Jackson won the most
popular votes in
states where popular
elections were held.
• However, no
candidate won a
majority of the
electoral votes. The
HOR selected John
Quincy Adams as
president.
• 1876 – Samuel Tilden won the popular vote over
Rutherford B. Hayes.
• However, 20 contested electoral votes prevented
either man from winning a majority of electors.
• Congress certified all twenty contested votes as
having been cast for Hayes.
Effects of Electoral College
Effect of Electoral College
• 1888 – Grover Cleveland won
large majorities in several
southern states, which raised
his popular vote totals but won
him few electoral votes.
• Benjamin Harrison won narrow
majorities in most other states,
however, and won the electoral
vote 233 to 168.
Effect of Electoral College
• 2000 – Al Gore won
a narrow majority of
the popular vote but
ultimately lost the
electoral vote to
George W. Bush,
271 to 266.
• The election hinged
on the vote count in
Florida.
• Gore lost by 537
votes.
Extra Credit Opportunity
• Watch the film titled Recount
which tells the story of the
Florida recount.
• Write a 1 page typed summary
of the film including specific
details.
• Write a 2 paragraph journal
entry which explains how you
felt after watching the film.
Should Electoral College
System be revised?
• Will be counted as a quiz
grade. Due by January 8, 2016
• Due to graphic nature parent
permission is required.
Arguments in Favor of
Electoral College
• Electoral college defenders argue that without
the electoral college, candidates will spend all
their time trying to rack up big victories in big
cities with big media, ignoring the rest of the
voters.
• There would be too many candidates
• Possible recount disasters
• Small States will be under represented.
The Judicial Branch
The Judicial Branch
• Made up of a system of federal courts
headed by the supreme court
• determine if laws are constitutional
Requirements to become
Federal Judge
• Chosen by President of the United
States
• No term limit. Appointment for life or
until retirement
The Supreme Court
• Top court in the United States
• Consists of 9 judges
• Determine if laws are constitutional
• The Final Say
Chief Justice of the
Supreme Court
• John Roberts
Famous Supreme Court
Decisions
• Brown vs. Board of Education 1954: Made
separate but equal school’s unconstitutional.
• Roe Vs. Wade: Made abortion legal in the
United States.
• Dred Scott v. Sandford 1857: Decision made
that said people of African decent were not
considered citizens of the United States.