Creating the Constitution

What do you love about America?

The Articles of Confederation

• During the Revolution, the new United States needed a functioning government
• Modeled after colonial governments
• States would retain sovereignty (power or authority)
• Founders were fearful of concentrated power due to past experience with the British

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A Limited Government

• Articles established a “firm league of friendship” among the states
• Bills were passed on nine of thirteen votes
• Amending the Articles took unanimous consent of the states

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Powers Denied to Government

• No power to raise funds for an army or navy.
• No power to tax, impose tariffs, or collect duties.
• No executive branch to enforce laws.
• No power to control trade among the states.
• No power to force states to honor obligations.
• No power to regulate the value of currency.

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The United States Constitution... basic structure

• The Constitution has 3 basic parts
• 1) Preamble: Explains the reason for the Constitution
• 2) Articles 1-7: Provides the outline for the 3 branches of government and state & federal powers
• 3) Amendments: Includes the Bill of Rights and 17 other “changes”

The Actual Constitution

Federalism

The United States government is a “federal system”. This means power is divided among various levels.

Separation of Powers

Federal and state governments in the United States have their functions divided so that power cannot be accumulated in one person or groups hands easily.

ARTICLE 1. THE LEGISLATIVE BRANCH

• Section 1: Congress

The following powers are the legislative– which is the Congress of the U.S.; comprised of a House of Representatives and a Senate

ARTICLE 1...THE HOUSE OF REPRESENTATIVES

• Sect. 2, 1: Elected every 2 years (Thus, reps have 2 year terms)
• Sect. 2, 2: Qualifications include 25 years old, 7 year citizen of U.S., and must be a resident of the state that elected them
• Sect 2, 3: Number of reps based on population (720,000 residents = 1 rep)

State must have at least 1 representative.

Currently 435 members of the House of Reps.

House of Representatives/Census

Every 10 years the US Government conducts the census. This count of each and every person in the USA is used to determine how many representatives each state will get. This is because the population of the nation moves over time.

Changes to state representation over time.

Since members of the House of Representatives are chosen by population, the House gives advantages to large populated states. Smaller states get fewer votes and thus less power in the house.

California has 52 representatives and Maine has 2. When it comes to passing laws from the House of Representatives Maine is at a massive disadvantage...so the writers of the constitution protected smaller states with the Senate.

ARTICLE 1, SECTION 2 HOUSE OF REPS

All tax bills must originate in The House of Representatives.

Why?

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House passes bills including USA budget and has power with the Senate to declare war.

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The house has power of impeachment (charge) a high government official with a crime.

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House Chambers

ARTICLE 1, THE SENATE

• The Senate shall have two Senators from each state for six year terms
• Terms for 1/3^rd of the Senators will be up every two years.
• 33/33/34 are elected every two years. Why?

The Senate has 100 members. (2 per state)

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This gives power to the smaller populated states and allows them to protect their interests.

ARTICLE 1, THE SENATE

Qualifications – 30 years old, 9 years a citizen, and a resident of the state

Powers...

• All treaties must be approved by the senate.
• Presidential appointments must be confirmed by the Senate.
• The House and Senate must agree on bills before they are sent to the President for signing or veto.

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ARTICLE 1, SECTION 3 THE SENATE

• Section 3, 6 : Only the Senate can convict (Chief Justice presiding and 2/3 vote of those present needed to convict of “High Crimes and Misdemeanors”
• Section 3, 7 : Punishment for conviction could be removal from office or prison time

Johnson

Clinton

Presidents have been impeached but not convicted….yet.

Trump (Twice)

ARTICLE 1, SECTION 5�RULES & PROCEDURES

• Section 5, 3 : Congressional Records – Each house must keep a journal of its proceedings and publish that journal (except secret sessions)
• Section 5, 4: Adjournment – During the session of Congress no house can adjourn for more than 3 days without the consent of the other house

ARTICLE 1, SECTION 6�PAYMENT & PRIVILEGES

• Section 6, 1: Salary – The treasury of the U.S. will pay both houses a salary; also members cannot be arrested in chambers except in cases of treason & felony, nor can they be “questioned” for things they say in chambers

Congressional pay...2021

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$174,000 dollars per year.

ARTICLE 1, SECTION 7�HOW A BILL BECOMES A LAW

• Section 7, 1:

Tax Bills – All bills for raising revenue shall originate in the House of Reps

• Bill to Law – Every bill which has passed both houses shall then be presented to the President- if he approves, he signs it into law. If he disapproves he returns it to the house of origin

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President signs the bill

OR

President vetoes the Bill

ARTICLE 1, SECTION 7�HOW A BILL BECOMES A LAW

• Section 7, 2 : Bill to Law – After President rejects bill, house reconsiders bill. If 2/3 of house agrees to pass bill it then goes to other house whereby if 2/3 of that house agrees to pass it – it will become law. (Note: If President does not return a bill after 10 days – it becomes law)

passing a bill by 2/3 over the Presidential veto =overriding the veto

ARTICLE 1, SECTION 8�POWERS OF CONGRESS

Section 8, 1-18 :

Details the powers of the Congress including: The power to

8,1: Tax- for the purpose of debt collection, defense, etc.

8,2 : Credit – To borrow money

8,3 : Commerce – To regulate trade with foreign nations, states, Indian tribes

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ARTICLE 1, SECTION 8�POWERS OF CONGRESS

• 8,4 : Naturalization, Bankruptcy – Uniform rules for immigration & bankruptcy
• 8,5 : Money – Power to coin money 7 fix standard weights & measures
• 8,6 : Counterfeiting – the power to punish counterfeiters
• 8,7: Post office – Power to establish post offices and postal routes

ARTICLE 1, SECTION 8�POWERS OF CONGRESS

• 8,8: Patents, Copyrights – Power to secure for inventors & authors exclusive ( but limited) rights to their discoveries and writings
• 8,9: Federal Courts – The power to establish courts inferior to Supreme Court
• 8,10 : International Law – Right to define & punish pirates & felons on high seas

Why didn’t I think of that?

ARTICLE 1, SECTION 8�POWERS OF CONGRESS

• 8,11: War – Power to declare war and make rules regarding capture
• 8,12: Army – Power to raise & support army
• 8,13: Navy – Power to provide and maintain a navy

ARTICLE 1, SECTION 8�POWERS OF CONGRESS

• 8,14: Regulation of Armed Forces – Power to make rules for land & sea forces
• 8,15: Militia – Power to call on the militia (Army) to enforce laws, suppress insurrections and repel invasions
• 8,16: Regulations for Militia – Power to organize & arm the militia- the states have the power to appoint officers & training

ARTICLE 1, SECTION 8�POWERS OF CONGRESS

• 8,17: District of Columbia – Congress has authority over the District of Columbia
• 8,18: ***** Elastic Clause – Power to make all laws necessary to carry out above powers, and all other powers listed in the Constitution *****

Elastic

ARTICLE 1, SECTION 9�POWERS DENIED CONGRESS

• Section 9, 1: Slave Trade – Congress cannot prohibit slave trade until 1808, but can tax it (no longer valid)
• 9,2: Habeas Corpus – Privilege of Habeas Corpus cannot be suspended, unless in case of rebellion or invasion
• 9,3: Illegal Punishment – No bill of attainder or ex post facto law shall be passed

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ARTICLE 1, SECTION 9�POWERS DENIED CONGRESS

• 9,4: Direct Taxes – No capitation
• 9,5: Export Taxes – No tax or duty on goods exported from any state
• 9,6: No Favorites – No state shall be favored over another in commerce and no interstate duties (tax)

ARTICLE 1, SECTION 9�POWERS DENIED CONGRESS

• 9,7: Public Money – No money drawn from the treasury without appropriations
• 9,8: Titles of Nobility – No titles of nobility shall be granted

No Nobles!

ARTICLE 1, SECTION 10�POWERS DENIED THE STATES

• Section 10, 1: Restrictions – No state shall enter into any alliances or Confederation; coin money; grant titles of nobility, etc. (See powers denied Congress)
• 10,2: Import and Export Taxes – Taxes on imports or exports and all duties and imposts, are subject to approval & revisions by the U.S. Congress
• 10,3: War & Peace – States cannot conduct war or enter into agreements with foreign nations

ARTICLE 2: THE EXECUTIVE

• Section 1, 1: Term of Office– The President shall hold office for a 4-year term
• 1,2: Electoral College – the President shall be elected by the Electoral College. Each state shall appoint a number of electors equal to the number of Senators & Reps in the state (No Senator or Rep can be an elector however)

Ronald Reagan

Roosevelt was elected 4 times!

ARTICLE 2, SECTION 1: THE EXECUTIVE

• Section 1, 3: Former Method of Electing President – Long discussion of former method of electing President by which winner of election becomes president and runner-up becomes vice-president

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If the old rules applied, Obama’s VP would have been Romney

ARTICLE 2, SECTION 1: THE EXECUTIVE

• 1,4: Election Day – Congress will determine the day the electors are chosen and the day they give their vote
• 1,5: Qualifications –Natural born citizen, 35 years or older, 14 years a resident
• 1,6: Succession – If the President is removed from office or dies, the Vice President becomes President. If the VP dies Congress will choose a leader (Speaker) until an election is held

President

VP

Speaker

ARTICLE 2, SECTION 1: THE EXECUTIVE

• 1,7: Salary – The President will be compensated (paid) for being President – but will receive no other money from the government

$400,000 pay

$100,000 travel

$19,000 entertainment

$50,000 expenses

ARTICLE 2, SECTION 1: THE EXECUTIVE

• 1,8: Oath of Office

“I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States”

Click here for Obama oath

ARTICLE 2, SECTION 2: POWERS OF THE PRESIDENT

• Section 2, 1: Military Powers – The President shall be commander in chief of the armed forces
• He has the power to pardon and grant reprieves

Bush salutes members of the Coast Guard

ARTICLE 2, SECTION 2: POWERS OF THE PRESIDENT

• 2,2: Treaties & Appointments – The President has the power to make treaties (with 2/3 Senate consent), appoint judges of the Supreme Court and Ambassadors
• 2,3: Vacancies – President can fill in vacancies that occur during the recess of the Senate

Supreme Court Justices are appointed by the President

ARTICLE 2, SECTION 3: PRESIDENTIAL DUTIES

The President will also:

• Give to the Congress information on the State of the Union. (written on in speech form)
• Receive dignitaries and foreign Ambassadors
• Execute all laws passed by Congress faithfully.
• Commission all military officers.

ARTICLE 2, SECTION 4: IMPEACHMENT

• 2,4: Impeachment- The President, Vice President, and all civil officers of the U.S. shall be removed for conviction of treason, bribery, or other high crimes and misdemeanors

THE JUDICIAL BRANCH

• Section 1: The Judicial power of the U.S. shall be vested in one Supreme Court, and lower Federal Courts.

*Chosen by the President, confirmed or not by The Senate

*Lifetime position

*Currently 9 members on the Supreme Court

Determine the constitutionality of laws

Criminal Law versus Civil Law

The United States legal system has two parts. The Civil Legal system deals with lawsuits between parties to show liability. The standard of evidence is different and to prove liability takes a “preponderance of the evidence”. The Criminal Legal system deals with crime and punishment/jail or fine. To convict takes “beyond a reasonable doubt”.

THE COURTS’ AUTHORITY

• Section 2, 1 : General Authority- Judicial power extends to all cases, laws and treaties, arising under this Constitution
• Judicial power further extends to all controversies involving the U.S and her states, and citizens between states
• All federal courts below the Supreme Court are to be created by Congress.

Innocent until proven guilty: One of the most sacred principles of the American legal tradition. The government must prove, beyond a reasonable doubt, that the person(s) charged with the crime did indeed commit the offense.

ARTICLE 3, SECTION 2: THE COURTS AUTHORITY

• 2, 2: Supreme Court – The Supreme Court shall have original jurisdiction in all cases involving ambassadors, ministers, consuls, and in all cases in which a state is party. (When one state sues another).

U.S. SUPREME COURT Justices 2024

ARTICLE 3, SECTION 2: THE COURTS AUTHORITY

• 2,3:Trial by Jury – The trial of all crimes (except impeachment) shall be by jury, and trial shall be held in the state where the crimes were committed. Bench trials are allowed if requested by the defendant.

ARTICLE 3: TREASON

• Section 3, 1: Definition – War against the U.S., giving information, aid, or comfort to the enemy
• Two witnesses needed to convict or a confession
• Section 3, 2: Punishment – Congress shall have the power to declare the punishment for treason

AMENDING THE CONSTITUTION

The Congress, whenever 2/3 of both houses shall deem it necessary, shall propose amendments to this Constitution. (290 House/66 Senate)

• Or – 2/3 of the state legislatures can call a “convention”.
• Either case needs ¾ of the states legislature to pass for it to be ratified. (38 states).
• 11,770 attempts since 1789.

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ARTICLE 4: RELATIONS AMONG STATES

• Full Faith and Credit Clause
• Section 1: State Acts and Records – Each state shall have access to other states public records and judicial proceedings.
• - Congress will regulate these records and access.

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ARTICLE 4, SECTION 2: RIGHTS OF CITIZENS

• Section 2,1: Citizenship – Citizens of each state are entitled to the same privileges as citizens of every state.
• 2,2: Extradition – A person charged in any state, who flees from justice to another state, must be returned.

ARTICLE 4, SECTION 3: NEW STATES

• Section 3, 1: Admission – New states may be admitted into the union by Congress, but NOT within the jurisdiction of another state or two states combining without consent of all involved

ARTICLE 4, SECTION 4: GUARANTEES TO STATES

• Section 4: The United States Guarantees (Clause) to States a republican form of government, protection against invasion and domestic (internal) rebellion.

ARTICLE 6: SUPREMACY OF THE NATIONAL GOVERNMENT

• Section 1: Valid Debts – All debts the U.S. had before the Constitution still apply
• Section 2: Supreme Law – The Constitution & the laws made in compliance with this Constitution, are the Supreme law of the land

ARTICLE 6, SECTION 3: LOYALTY TO CONSTITUTION

• Section 3: Loyalty to Constitution – All legislators, executive branch members, and judicial officers shall be bound by oath to this Constitution – but NO religious tests ever!

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ADOPTION OF THE BILL OF RIGHTS

• To satisfy the States-Rights advocates, a Bill of Rights was added to the Constitution to guarantee individual rights
• The Bill of Rights was ratified in December of 1791- three years after the Constitution was ratified

First Ten Amendments

AMENDMENT 1: RELIGIOUS AND POLITICAL FREEDOM

• Congress shall make no law establishing a religion, or prohibit free exercise thereof
• Nor prohibit freedom of speech, or the press, or the right to peacefully assemble, or the right to petition the government for a redress of grievances

AMENDMENT 2: RIGHT TO BEAR ARMS

• “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”

AMENDMENT 3: QUARTERING TROOPS

• “No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law.”

AMENDMENT 4: SEARCH AND SEIZURE

• The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated
• No warrants without probable cause

AMENDMENT 5: RIGHTS OF ACCUSED PERSONS

• You don’t have to testify against yourself in a court of law (“Take the 5^th”),nor can you be tried twice for the same crime (Double Jeopardy)
• Due Process of law must be followed, including -
• Grand Jury review of case

Mark Fuhrman took the 5^th at the O.J. trial

Oliver North took the 5^th at the Iran-Contra hearings

North

AMENDMENT 6: RIGHT TO A SPEEDY, PUBLIC TRIAL

• In all criminal cases, the accused shall enjoy the right to a speedy and public trial, by an impartial jury from where the crime was committed
• The accused will be informed about the nature of the charges, be able to confront witnesses against him, shall be able to have witnesses support him, and shall have the services of a lawyer

All accused persons have a right to be defended by an attorney

AMENDMENT 7: TRIAL BY JURY IN CIVIL CASES

• In civil cases exceeding the value of $20.00, the right of trial by jury shall be preserved

“A jury of your peers”

AMENDMENT 8: LIMITS OF FINES AND PUNISHMENT

• “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

Tar and feathering

The “Rack”

AMENDMENT 9: RIGHTS OF PEOPLE

• “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”

AMENDMENT 10: POWERS OF STATES & PEOPLE

• “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states . . . or to the people.”

AMENDMENTS 11-27

• Amendments 11 – 27 were added from 1795 to 1992
• Amendments reflect the elastic quality of the Constitution
• Amendments reinforce the ways the Constitution meets the changing needs of society

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AMENDMENT 11: LAWSUITS AGAINST STATES- 1795

• Article 3, Section 2 of the Constitution modified by Congress:
• Judicial power does not extend to any lawsuit prosecuted against the U.S. by citizens of another state or foreign country

AMENDMENT 12: ELECTION OF EXECUTIVES - 1804

• Portion of Article 2, Section 1 modified by Congress
• This Amendment prevents a repeat of the Election of 1800 –When a tie forced 36 votes by the House to establish Jefferson as President
• It calls for the Electors to vote for both a President and Vice President

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AMENDMENT 13: SLAVERY ABOLISHED - 1865

• A portion of Article 4, Section 2 modified by Congress
• “Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction”

AMENDMENT 14: CIVIL RIGHTS - 1868

• Article 1, Section 2 was modified by Congress
• Rights extend to all persons
• House of Reps apportioned counting whole persons
• No person can hold office who has supported rebellions
• Public debt realized due to lost slaves are not valid

AMENDMENT 15: RIGHT TO VOTE - 1870

• The right of United States citizens to vote shall not be abridged or denied on account of race, color or previous condition of servitude

AMENDMENT 16: INCOME TAX - 1913

• Article 1, Section 9 was modified by Congress
• The Congress shall have the power to lay and collect taxes on income

AMENDMENT 17: DIRECT ELECTION OF SENATORS - 1913

• Article 1, Section 3 was modified by Congress
• Senators will forthwith be elected by the people of the state they represent

AMENDMENT 18: PROHIBITION - 1919

The manufacturing, sale, or transport of intoxicating liquors in the United States is hereby prohibited

Men drink at a “Speakeasy”

AMENDMENT 19: WOMAN SUFFRAGE - 1920

• “The right of citizens of the United States to vote shall not be denied or abridged on account of sex.”

AMENDMENT 20: “LAME DUCK” SESSIONS - 1933

• Article 1, Section 4 was modified by Congress
• Term of President and VP end on January 20
• Senators & Reps on January 3
• (Amendment reduces time between election and end of term to reduce “lame duck” effect)

AMENDMENT 21: REPEAL OF PROHIBITION - 1933

• The 18^th Amendment of the United States Constitution is hereby repealed
• Drinking is legal again
• (Only Amendment to be ratified by State Convention as outlined in Article 5)

AMENDMENT 22: LIMIT ON PRESIDENTIAL TERMS - 1951

• No person shall be elected to the office of the President more than twice

Passed shortly after Franklin Roosevelt was elected to 4 terms

AMENDMENT 23: VOTING IN DISTRICT OF COLUMBIA - 1961

• Residents of the District of Columbia are entitled to vote in Presidential elections
• Electors (3) representing D.C. will insure the District’s validity in Presidential elections

AMENDMENT 24: ABOLITION OF POLL TAXES - 1964

• The right of United States citizens to vote in Presidential and Congressional elections will not be denied by reason of failure to pay any poll tax or other tax

1942 cartoon critical of Poll Tax

AMENDMENT 25: PRESIDENTIAL DISABILITY & SUCCESSION

• Article 2, Section 1 modified by Congress
• VP takes over if President is removed, dies, or resigns
• If VP has a vacancy, the President shall nominate a VP who needs to be confirmed by a majority of both houses
• (Other specifics regarding succession – VP, Speaker, President Pro-Temp of the Senate, etc.)

The Vice President

Speaker of the House

President pro tempore of the Senate

Secretary of State

Secretary of the Treasury

Secretary of Defense

Attorney General

Secretary of the Interior

Secretary of Agriculture

Secretary of Commerce

Secretary of Labor

Secretary of Health and Human Services

Secretary of Housing and Urban Development

Secretary of Transportation

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Succession Order

AMENDMENT 26: � 18-YEAR-OLD VOTE - 1971

• Amendment 14, Section 2 modified
• “The right of citizens of the United States who are eighteen years of age or older, to vote shall not be denied”

AMENDMENT 27: CONGRESSIONAL PAY - 1992

• “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened”

Thus, Congress cannot vote themselves a pay increase

TODAY’S CONSTITUTIONAL ISSUES

• Gun Control and the 2^nd Amendment
• Death Penalty and Cruel and Unusual
• Prayer in Schools 1^st Amendment
• Censorship & Free Speech
• Terrorism and Seize and Seizure rules – 4th
• Term Limits for Congress
• Campaign finance reform
• Abortion and Due Process rights – 5th