OPENING

Why is it so important to learn about the Constitution?

How does President Obama have the power/authority to ban flights from other countries with people infected with Ebola?

Can President Obama change laws on immigrations through an executive order without going through Congress?

Can a state prohibit same sex marriage? Can a state ban all forms of birth control? Can a cop search my car when he/she pulls me over for speeding? Under what circumstances can a cop search my home? Can my future employer fire me for something I say that they disagree

with? Do we have a “right to die” or can a doctor or family/friend be charged

with murder if they assist someone with suicide? How can a President lose the popular vote and be elected president? Do I have to stand up and say the Pledge of Allegiance everyday?

Broken into 7 Articles1 = Legislative Powers2 = Executive Powers3 = Judicial Powers4 = States Powers5 = How to make amendments6 = National Debt validation, Supremacy of

National Law, Oath to Constitution7 = Ratification of Constitution

We the People

of the United States, in

Order to form a more

perfect Union, establish

Justice, insure domestic

Tranquility, provide for the

common defence, 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.

Do Now: We the People….

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 1 – Legislative Branch

Section 1 Congress=House of Reps +

Senate

Section 2 House of Reps..Lower House

Elected every 2 years voted by popular election Qualifications

25 years old Citizen of US for 7 yrs live in state elected in

Section 2 continued # of Reps by state determined by

Population free persons indentured servants 3/5 OTHER PERSONS

Representation #’s recalculated every 10 years

House of Reps choose Speaker of the House

top position in the House Powers

Impeachment $$$$ Bills

Are the stipulations assigned to congressmen regarding age and

citizenship appropriate?

…If so, why?

…If not, why not?

Section 3 2 Senators per state

Elected every 6 years voted by state legislatures

Today?? Popular election Qualifications

30 years old Citizen of US for 9 years Live in state elected in

3 Senate Classes 1/3 of senate seats come up

for reelection every 2 years About 33 in each class

Pres. of the Senate = Vice President

Deciding Vote if needed

Section 3 2 Senators per state

Elected every 6 years voted by state legislatures

Today?? Popular election Qualifications

30 years old Citizen of US for 9 years Live in state elected in

3 Senate Classes 1/3 of senate seats come up

for reelection every 2 years Pres. of the Senate = Vice

President Deciding Vote if needed

Powers Impeachment trials (2/3

needed)

Impeachment – Checks & Balances

Laws are not amendments…Not permanent

Can be removedCan Expire

http://www.youtube.com/watch?v=x4ND1tBsMw0

Proposed in House (or Senate)Written in House

CommitteeVoted by House

Needs simple majority…Goes to Senate

Rewritten in Senate Committee

Voted by SenateNeeds simple majority…

Needs to be identical bill

Given to President to sign

He can either (3)Sign itVeto itSit on it

Congress can override his veto (check to his power) with 2/3rd voteRare though

Flip to Article 5

Amendment is permanent

First2/3 House & Senate

approveAmendment has ~7

years to be ratified3/4 of State Legs

(38/50) ratify itSecond

2/3 of state legislatures call for Convention to make an amendment

Congress is overridden3/4 of State Legs ratify itStill hasn’t been done

Section 8

1. create and collect taxes, duties, imposts and excises2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. DECLARE WAR13. TO RAISE AND SUPPORT ARMIES14. TO PROVIDE AND MAINTAIN A NAVY15. to call militias (national guard) to uphold the Constitution16. use the national guard to suppress insurrections and invasions17. 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 or Officer thereof

17. 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 or Officer thereof

17. 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 or Officer thereof

1. create and collect taxes, duties, imposts and excises2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. DECLARE WAR13. TO RAISE AND SUPPORT ARMIES $$14. TO PROVIDE AND MAINTAIN A NAVY15. to call militias (national guard) to uphold the Constitution16. use the national guard to suppress insurrections and invasions17. 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 or Officer thereof

1. create and collect taxes, duties, imposts and excises

2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. declare war13. to raise and support armies $$$14. to provide and maintain a navy15. to call militias (national guard) to

uphold the Constitution16. use the national guard to suppress

insurrections and invasions

Title = Elastic ClauseLook at the powers given

to the Congress & try to determine how/where the following laws added power to Congress

Patriot Act 2001Japanese Internment CampsAffordable Care ActFederal ReserveSEC, EPA, FCC, FAA Immigration Law (never

passed) of 2007 + 2011You come up with one

Is it or to have this in the Constitution? Why?

In 1787, the US gov & its powers were SMALL… Is it today?

Elastic Clause leads to MANY debates in US1… Bank of the United States Roads debate

And US2… FDR and New Deal

And Philsosophically Loose vs Strict

Elastic Clause is used ALOT in American History

Section 9…Powers denied to Congress Congress will not stop the

migration and importation of “Such Persons” until 1808

can put a tax on “Such Persons” Habeas Corpus shall not be

suspended unless in cases of Rebellion or Invasion and the public safety is in question

no ex post facto Law shall be passed

no title of nobility will be granted by the USA

Section 10…Powers Denied to states Fixes articles of confed.

Section 10…Powers Denied to states Fixes articles of confed. First paragraph protections

national powers from state incursions (ie No coining money)

Paragraph 2 – States may not interfere with international trade of US

CLOSING

What potential problems are there in allowing an elastic clause? How might this

defeat the purpose of the constitution? Does it contradict the idea of limited

government or is government still limited?

First Option 2/3rds House and Senate approve Amendment has a few years of life ¾ of State Legs have to approve it

Second Option ¾ state Conventions make an amendment Congress is overridden Only done with 21st amendment

Article 6…Debts, Supremacy, Oaths All debts that existed before this Constitution (states debts)

will be valid against the new Federal Government Supremacy clause!!! States must follow these laws first

before their own All Govt. officials are bound to the Constitution by Oath

Article 7…Ratification If 9 of the 13 states ratify the Constitution, it will be

established