Transcript No Slide Title

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 States, in order to
form a more perfect union, establish justice,
insure domestic tranquility, provide for the
common defense, promote the general welfare,
and secure the blessings of liberty to ourselves
and our posterity, do ordain and establish this
constitution for the United States of America”
Article I (one)
• Establishes the legislative branch of
government
• this branch MAKES the laws
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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.
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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 Senate
Pennsylvania
• Senator Robert P. Casey Jr.
• (Republican)
• Serving until 2019
• Pay: $174,000 a year
• Senators Office expenses range from
• $2,264,345 to
$3,751,995
Senator Patrick Toomey
(Democrat)
Serving until 2017
113th Congress
U.S. Senate
• 45 Republicans
• (Minority Party)
• 54 Democrats
• (Majority Party)
• 1 Independent
United States Senate
Leadership
President of the
Senate is
Majority Leader
Joseph Biden
Harry Reid of
Nevada
Minority
Leader Mitch
McConnel of
Kentucky
Majority
Whip Dick
Durbin of
Illinois
President Pro
Tempore
Patrick
Leahy of
Vermont
Minority Whip
Jon Kyl of
Arizona
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
• Speaker of the
Pennsylvania’s 4th
House; John Boehner
of Ohio
Congressional District
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 Representatives
Leadership
113th Congress
U.S. House of Representatives
• 234 Republicans
• Majority Party
• 201 Democrats
• Minority Party
435 Total
Members
Majority Leaders
Republicans
• Majority Leader
Eric Cantor of
Virginia
Speaker Boehner
of Ohio
• Majority Whip
Kevin McCarty
of California
Pay for
leadership is
$193,400 a year
House of Representatives
Minority Party: Democrats
• Minority Leader: Nancy
Pelosi of California
• Minority Whip:
Steny Hoyer of
Maryland
• Assistant Democratic
Leader: James Clyburn of
South Carolina
Non Voting Members of the United
States House of Representatives
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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 cosponsor 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:
Bill Schuster – PA
Ranking Minority Member:
Nick Rahall- WV
The committee has 71 members…
39 Republicans and 32 Democrats
Committee
Chairman 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.
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Democrats
Eleanor Holmes Norton, District of Columbia, Ranking Member
Peter A. DeFazio, Oregon
Jerrold Nadler, New York
Eddie Bernice Johnson, Texas
Michael E. Capuano, Massachusetts
Michael H. Michaud, Maine
Grace F. Napolitano, California
Timothy J. Walz, Minnesota
Steve Cohen, Tennessee
Albio Sires, New Jersey
Donna F. Edwards, Maryland
Janice Hahn, California
Richard M. Nolan, Minnesota
Ann Kirkpatrick, Arizona
Dina Titus, Nevada
Sean Patrick Maloney, New York
Elizabeth H. Esty, Connecticut
Lois Frankel, Florida
Cheri Bustos, Illinois
Nick J. Rahall, II, West Virginia, (ex officio)
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Republicans
Thomas E. Petri, Wisconsin, Chairman
Don Young, Alaska
Howard Coble, North Carolina
John J. Duncan, Jr., Tennessee
John L. Mica, Florida
Frank A. LoBiondo, New Jersey
Gary G. Miller, California
Sam Graves, Missouri
Shelley Moore Capito, West Virginia
Duncan Hunter, California
Eric A. “Rick” Crawford, Arkansas
Lou Barletta, Pennsylvania
Blake Farenthold, Texas
Larry Bucshon, Indiana
Bob Gibbs, Ohio
Richard L. Hanna, New York
Steve Southerland, II, Florida
Reid J. Ribble, Wisconsin, Vice Chair
Steve Daines, Montana
Tom Rice, South Carolina
Markwayne Mullin, Oklahoma
Roger Williams, Texas
Scott Perry, Pennsylvania
Rodney 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
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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)
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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 President
Video Program
United States Federal Courts
Article III (three)
In 3 sections
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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
Justices. One who serves as the Chief Justice
(Honorable John G. Roberts) and the other 8
are 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.
governments will be assumed (taken
over) by the new government under the
Constitution
• Constitution is the FINAL authority
• Office holders must swear an oath to the
United 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.
Legislative
Executive
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
8, clause 18 - Congress… “to make all
laws which shall be necessary and proper
for carrying into execution the foregoing
powers, and all other powers vested by
this Constitution in the government of the
United States, or in any department of
officer thereof”