Transcript United States Constitution

United States Constitution
CIVICS
Mr. Dircks
Structure of the Constitution
CONSTITUTION WAS NEEDED TO REPLACE ‘WEAK’ ARTICLES
OF CONFEDERATION
Structure of the Constitution
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Preamble – States the ‘WHY’ and goals
Article I – Legislative Branch
Article II – Executive Branch
Article III – Judicial Branch
Article IV – Relationship between States
Article V – Amendment process
Article VI – Supremacy Clause
Article VII – Ratification process
Amendments – Changes to the Constitution
Preamble
• 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.
Major Principles
 Popular Sovereignty – People are the source of power
 Federalism – Power divided between national and state
governments
 Separation of Powers – Division of power between three
branches of government
 Checks and Balances – Each branch holds some power
over the other two branches
 Judicial Review – Power of the courts to review laws and
actions for constitutionality
 Limited Government – Limits the authority of the federal
government
Examples – Separation of Power
LEGISLATIVE
EXECUTIVE
JUDICIAL
Examples of Checks and Balances
• Veto ability
• Congress passes law
• President refuses to sign
• Congress can override with 2/3 majority
• Nomination
• President appoints key officials
• Senate approves appointments
• Judicial Review
• Marbury vs. Madison *** Supreme Court determines
whether a law is constitutional
Article I – Legislative Branch
• Congress
• House of Representatives (435)
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Number of Reps based upon state’s population
Term = 2 years
100% elected every two years
Speaker of the House = presiding Officer
• Senate (100)
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2 Senators per state
Term = 6 years
1/3 elected every two years – Why?
Vice President = presiding Officer – What does he do?
President Pro Tempore – if VP is away
Article I – Legislative Branch
• Qualifications
• Age
• 25 - Representative
• 30 - Senator
• Citizenship
• 7 year U.S. Citizen – Representative
• 9 year U.S. Citizen – Senator
• Residency
• State resident - both
Article I – Legislative Branch
• Congressional Powers – All
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Revenue – taxes
Borrow
Regulate trade
Declare War
Currency
Naturalization
*Elastic Clause* - power to create laws necessary and
proper
Article I – Legislative Branch
• Congressional Powers – Denied
• Religion
• Habeas Corpus – *Except during ‘crisis’
• “Produce the body”
• Ex Post Facto
• After the fact”
Article I – Legislative Branch
• House of Representatives – Powers
• Start all revenue bills
• Start impeachment process
• Formally charge someone with wrongdoing
• Select President if electoral college ties
• Senate – Powers
• Confirm all Presidential appointments
• *Except staff (Chief of Staff, Press Secretary, etc.)
• Jury in impeachment trial
• Approve treaties (2/3 majority)
Article I Legislative Branch
• Bill to Law Process
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Starts ?
Then goes to?
Approved by ?
Sent to ?
If Approved sent to?
If signed ?
If not signed ?
• Called a?
• Not signed but not vetoed and Congress adjourns?
• If not returned in ten days ?
ARTICLE I QUIZ
• Take five minutes to review your notes on
Article I
Article II – Executive Branch
• Chief Executive
• Major role?
• Qualifications
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35 years old
Natural born citizen
14 year U.S. resident
What about the VP? Why?
• Term
• 4 year term
• 2 term max
• 10 year total max
Article II – Executive Branch
• Elections
• How the Electoral College Works
• Electoral college – who & how many?
• Popular vote vs. Electoral college
• Powers
• Appoint key officials
• Commander-in-Chief
• Negotiate treaties & conduct foreign policy
• Duties
• State of the Union
• Receive foreign diplomats
• Recognize foreign governments
Article II – Executive Branch
• Impeachment
• Why or what for?
• How?
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House
Impeaches
Senate
Tries
Article III – Judicial Branch
• Supreme Court
• Judicial Review?
• Jurisdiction
• Original
• Appellate – Hear appeals from lower courts
• # of Justices (9)
• Appointment process?
• Term? Except for?
Article IV – Relations between
States
• *Extradition
• the formal process by which a fugitive found in
state is surrendered to another state for trial or
punishment.
• Federal guarantee to the states?
Article V – Amendment Process
• Proposing Amendments?
• Who?
• How many?
• Ratifying Amendments?
• Who?
• How many?
Article VI – Supremacy Clause
• Constitution and Federal Law are the
supreme law of the land!!!
Bill of Rights
1-10
• Amendment 1 – Religious
and political freedom
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Freedom of religion
Freedom of speech
Freedom of press
Freedom of assembly
Freedom of petition
• Amendment 2 – Right to
bear arms
• Amendment 3 – Quartering
troops
• Amendment 4 – Search and
seizure
• Protects against unreasonable
search and/or seizure
• Need ‘probable’ cause for
search warrants
(WHAT/WHERE)
• Amendment 5 – Rights of
accused persons
• Double jeopardy protection
• Requirement of indictment by
Grand Jury
• Due process protection
• Self-incrimination protection
Bill of Rights
1-10 (Part II)
• Amendment 6 – Right to a
speedy, public trial
• Jury of your peers
• Right to counsel
• Amendment 7 – Trial by jury in
civil cases
• Jury trial in civil cases where
the value exceeds $20
• Amendment 8 – Limits of fines
and punishments
• Protection against cruel and
unusual punishment
• Amendment 9 – Rights of
people
• People’s rights are not limited
to the rights mentioned in the
Constitution
• Amendment 10 – Powers of
states and people
• ‘Reserved’ powers clause –
powers not mentioned belong
to states and people
What if…..
• Of the ten amendments we just discussed,
what if you could only keep three?
• What three would you pick?
Amendments 11-20
• Amendment 11 – Suits
against states
• Amendment 12 – Election
of President and Vice
President
• Amendment 13 –
Abolition of slavery
• Amendment 14 – Rights
of citizens regardless of
race
• Amendment 15 – Right to
vote regardless of race
• Amendment 16 – Income
tax
• Amendment 17 – Direct
election of Senators
• Amendment 18 –
Prohibition of Alcohol
• Amendment 19 – Woman
suffrage (right to vote)
• Amendment 20 – “LameDuck”
Amendments 21-27
• Amendment 21 – Repeal
Amendment 18
• Amendment 22 – Limit on
Presidential terms (2 terms
or 10 year max)
• Amendment 23 –
Presidential Electors for
D.C.
• Amendment 24 –
Abolition of the Poll Tax
• Amendment 25 –
Presidential disability and
succession
• Amendment 26 –
Eighteen-year-old vote
• Amendment 27 –
Restraint on
Congressional salaries
United States Flag Code
• Flag is usually flown from dawn to dusk
• Unless illuminated
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In a group, the Flag should be center and the highest
In a room, the Flag should be to the speaker’s right
An upside down Flag signals distress
To fly the Flag half-staff, raise the Flag fully and lower to
the half-way point
• Burning of the Flag is a protected form of speech in the
United States
• The national anthem is the “The Star Spangled Banner”
written by Francis Scott Key during the War of 1812
Illinois Government
• Illinois = Becomes a state 1818
• Current Constitution = 1971
• Compared to the US Constitution, Illinois has 14
Articles (US=7)
• Also provide protection against discrimination of
women
• Home rule = process in which a county or
municipal government may provide its own public
services
Illinois Government
• Illinois Legislature = General Assembly
• General Assembly
• 59 legislative districts
• 118 representative districts
• Qualifications of Members of the General Assembly
• 21 years old
• Reside in district 2yrs.
• Citizen
• Governor of Illinois = Pat Quinn
• Next election = November 2014
• Power of line item veto
Illinois Government Officials
• Secretary of State = Jesse White
• Issue Driver’s License
• Keeper of the state’s official records
• Attorney General = Lisa Madigan
• Chief Law Enforcement Officer
• Treasurer = Dan Rutherford
• Invest public funds
Illinois Judicial System
• Judicial System
• Three types of courts
• Supreme, Appellate, Circuit
• Circuit Court Judges are elected every 6 years
• Requirements to be elected or appointed as a
judge
• Lawyer
• Resident of district
• Citizen
ILLINOIS VOTER
REQUIREMENTS
• 18 years old
• Resident of the state > 30 days
• Register to vote by election deadline –
usually 30 days prior to election
DECLARATION OF
INDEPENDENCE
• What is the Declaration of Independence?
• Formal note declaring America free from Britain
• List of grievances (complaints) against King George
• According to the Declaration of Independence, if
government interferes with people’s rights, they have the
duty to?
• Abolish the government
• Main ideas of the Declaration:
• All men are created equal
• Men have rights that cannot be taken away
• Governments derive power from the people