Constitution 101 (1).pptx

Constitution 101: United States An Introduction & OverviewConstitution to the US Constitution 101  Warm-Up Questions 1. What is the US Constitution? 2. Why do you feel it is important in your life?  What is the US...

Constitution 101: United States An Introduction & OverviewConstitution to the US Constitution 101  Warm-Up Questions 1. What is the US Constitution? 2. Why do you feel it is important in your life?  What is the US Constitution? The supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States. It provides the framework for the organization of the United States Government.  What are the basic principals of the Constitution? Popular Sovereignty – Government power resides in the people Limited government – Government is not all powerful, can only do what the people let it. Separation of Powers – Helps prevent one branch from becoming too powerful – Checks and Balances Federalism – Division of power among national and state governments What are the Checks and Balances?  Who Wrote It? James Madison is considered “the father of the Constitution.” His important contributions: – The Virginia Plan – Separation of Powers – Bill of Rights  Why was it written? After the Revolutionary War, the Articles of Confederation set up the structure of the US Government. The federal government was extremely weak and this created many problems such as: 1. No separation of powers – only unicameral legislature. 2. Weak central government – states had most power. 3. Congress did not have the power to tax – this means they could not get their finances in order.  Why was it written? More problems with the Articles of Confederation: 4. In order to change the Articles, all thirteen states had to approve of the changes. This made it essentially impossible to make any changes. 5. For any major laws to pass they had to be approved by 9 or the 13 states which was difficult. 6. Congress did not have the power to regulate commerce which caused competition between states. It also caused diplomatic issues when states refused to pay for goods their received  Why was it written? Shays’ Rebellion: – An uprising of farmers in Massachusetts – led by Daniel Shays. – Helped convince leaders that a strong central government was needed. "A scene at Springfield, during Shay's Rebellion, when the mob attempted to prevent the holding of the Courts of Justice."—E. Benjamin Andrews,  When was it written? May 25th to September 17th, 1787 Philadelphia Intention was to revise Articles of Confederation Ended up replacing the Articles and creating a new government  What were the important outcomes of the Constitutional Convention Virginia Plan: Great Compromise: – Separation of powers – Hybrid of VA and NJ – Bicameral legislature Plans: Bicameral based on population legislature: – Federal government – House of Reps had increased powers based on population New Jersey Plan: – Senate based upon – Unicameral equal representation legislature where – Three-Fifth’s every state received Clause: equal representation. Slaves count as 3/5’s of a person for representation purposes & taxes.  Ratification Debate Needed 9 of 13 states to ratify or official approve of the Constitution before it went into effect. A huge debate emerged between two sides: – Federalists – Anti-Federalists  Federalists v. Anti- Federalists: Federalists Anti-Federalists: – Supported the – Supported a weaker Constitution and a central government strong central – felt too much government power was taken – Alexander away from the Hamilton, James states Madison, John Jay – Opposed the – Federalist Papers – Constitution series of articles – Wanted a Bill of written in defense Rights included of the Constitution – Samuel Adams, Patrick Henry Ratification Officially adopted after ratified by New Hampshire. Once the new government convened, they added a Bill of Rights to the Constitution. Structure of the Constitution Preamble: – Statement of purpose Articles: – I: Legislative Branch – II: Executive Branch – III: Judicial Branch – IV: Relations Among the States – V: Amendment Process – VI: Federal Power – VII: Ratification Amendments: – 27 Total – 1st ten are the Bill of Rights  Article I: Legislative Branch Bicameral: Important Powers: – Senate – Make laws 2 Senators for each – Set taxes state – Declare war – House of – Override Vetoes Representatives Based on population – Borrow money Reps serve for 2 – Regulate international and year terms national trade Senators serve for – Print money 6 year terms  Article II: Executive Branch President and Vice Important powers: President are – Commander-in- elected to 4 year Chief terms – Grant pardons Qualifications: – Make treaties – At least 35 years – Appoint federal old officers – 14 year resident of – Ensure laws are the US executed – Natural born citizen Elected by the Electoral College  Article III: Judicial Branch Supreme Court Important Powers: judges serve for – Decides cases of life unless Constitutional law impeached. and federal law – Cases involving Judicial power rests ambassadors go with US Supreme straight to Supreme Court and other Court courts created by – Judicial Review Congress comes later (1803 – Marbury v. Madison)  Other Important Articles: Article V: Article VI: Federal Amendments: Power – Amendments are – Supremacy Clause: proposed when 2/3 of Federal law is House and Senate supreme to state deem it necessary law – Amendments are – No religious tests proposed when 2/3 of states deem it for public office necessary – Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of  Important Amendments: Bill of Rights 1. Freedom of religion, of 6. Right to a fair and speedy speech, of the press, to public trial, Notice of assemble, and to petition accusations, Confronting one's accuser, Subpoenas, 2. Right to bear arms Right to counsel 3. No quartering of soldiers 7. Right to trial by jury in civil 4. No unreasonable search cases and seizure 8. No excessive bail & fines or 5. Indictments; Due cruel & unusual punishment process; Self- 9. There are other rights not incrimination; Double written in the Constitution jeopardy, and rules for 10.All rights not given to Eminent Domain. Federal Government belong to states and people.  Other Important Amendments: Reconstruction Amendments 13th Amendment – abolished slavery 14th Amendment – Due process and equal protection under the law – All persons born in US are citizens 15th Amendment – Right to vote regardless of race, color, or previous servitude  Other Important Amendments: 18th Amendment – Prohibition of alcohol 19th Amendment: – Women’s suffrage 21st Amendment: – Repeals prohibition 22nd Amendment: – Presidential term limits 24th Amendment: – Prohibits poll taxes for voting 26th Amendment: – lowers voting age to 18