The Constitution. Written in 1787 “Intended to govern now and be adoptive for years to come” –...
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Transcript of The Constitution. Written in 1787 “Intended to govern now and be adoptive for years to come” –...
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The Constitution
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The Constitution
Written in 1787
“Intended to govern now and be adoptive for years to come” – John Marshall
All about “POWER”
There are 7 articles
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Preamble
We the People of the United States, in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for a 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
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Article 1The Legislature
Establishes the Legislative Branch
There are 10 sections within the Article
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Article 1: Section 1
All powers vested in a Congress
“The Great Compromise”
535 Members
Each representative represents approximately 600,000
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Article 1: Section 2
Standards for the House of Representatives
Qualifications for being a member for the House of Representatives
– 25 years of age
– Citizen for 7 years
– Inhabitant of the state in which you represent
– 2 years terms
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Section 2 Cont’d
Provide for the election of the Speaker of the House
Impeachment process which takes a 2/3 vote from the Members of the House.
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Article 1: Section 3
Role of the Vice PresidentImpeachment TrialsQualifications for being in the Senate
– 6 Year terms– 30 years of Age– Citizens for 9 years– Inhabitant of the state you represent– Election for 1/3 of the members every two years– Vice President is head of the Senate– President Pro-Tempore
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Article 1: Section 4
Manner in which elections are held
Sessions – at least once a year
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Article 1: Section 5
Quorum –A majority of the members present in order to conduct the
days business.
Rules of conduct – established by the individual house.
Congressional records – Public information
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Article 1: Section 6Salary – Paid by the Government
Privileged from arrest
Can’t have a job in an agency established by congress
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Article 1: Section 7
How a Bill becomes a law
Veto Power
Tax bills - Must originate in the HOR
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Article 1: Section 8
Powers listed expressly for CongressTaxation – lay and collect in order to pay debts
Credit – To borrow Money
Commerce - Regulate foreign Trade
Naturalization/Bankruptcy
Money – The power to coin money and set the standards of weights and measures
Counterfeiting – Provide the punishment
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Section 8 Cont’d
Post Office – Establish post offices and roads
Patents and Copyrights
Federal Courts – As they see fit
International Law – Piracies
War – to declare war on another country
Army/Navy – Raise and support Military, and make the rules to govern the
Military
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Section 8 Cont’d
Militia
Establishment of land for Washington DC
Elastic Clause – “The Necessary and Proper Clause” Which says
Congress has the power to pass any law which aides in the governing of the previous laws set forth by this convention
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Article 1: Section 9
Powers that are prohibited to congressSlave Trade
Habeas Corpus
Ex post facto laws
Export taxes
Titles of Nobility
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Article 1: Section 10
No state shall enter into a treaty with another country
Keep and maintain war equipment during peace time
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Article 2
Establishes the Executive BranchThe President
All those who work or are appointed by the President
Job is to enforce or execute the law
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What are great Leaderhship
Characteristics?
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On a piece of paper write down five great leaders through out
history and why you have chosen them
Jesus
George Washington
Abraham Lincoln
Adolf Hitler
Martin Luther King Jr.
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…able reach unthinkable heights
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…able to over come a situation that may seem
hopeless.
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…always leads the pack, instead of following
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…Has the Ability to make their presence known
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… and is always able to think outside the box.
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Article 2: Section 1Elected to 4 year terms
Electoral College
Succession – V.P.
Salary – Compensated and not increased or decreased during the tenure of
office
Qualifications – Natural Born Citizen
– 35 years of age
– Lived in the US for 14 years
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Article 2: Section 1 Cont’d
The Oath of Office
“I do solemnly swear that I will faithfully execute the office of the president of the United States, and will to the best of my ability preserve, protect, and defend the constitution of the United States.”
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Article 2: Section 2
Military Powers – Commander-in-Chief
Pardons and Reprieves
Make Treaties
Appointment
Fill vacancies in the Senate
State of the Union Address
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Article 3
Judicial Branch
Supreme Court and the federal district Courts
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Article 3: Section 1
Supreme court – Decides if a law or action is constitutional or
unconstitutional
Judges are to be paid
Congress has the power to create new lower courts as they see necessary
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Article 3: Section 2
Judicial power shall extend to all cases – “Original Jurisdiction”
Citizens guaranteed a trial by jury
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Article 3: Section 3
Established what and how treason would be warranted in a case and the punishment
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Article 4
The Relationship between the states and the national Government
Relationship between the states and other states
Relationship between the states and the people
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Article 4: Section 1
Full Faith and Credit ClauseLicenses
Wedding certificates
Public acts
Judicial Proceedings
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Article 4: Section 2
Citizenship – Citizens of one state shall be entitled to the privileges of
citizens of another state
Extradition – Criminals return to the state of the crime
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Article 4: Section 3
Admission of New States – New states must be formed from new territories
Congress has the right to rule or govern other territories that are the property
of the United States
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Governing of Western Lands 1. Land Ordinance of 1785 2. Northwest Ordinance of 1787
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Land Ordinance of 1785
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NorthwestOrdinance of 1787
1. Congress would appoint a territorial governor and Judges2. When a territory had 5,000 voting residents, the settlers
could write a temporary constitution and elect their own government.
3 When the total population of a territory reached 60,000 free inhabitants, the settlers could write a state
constitution, which had to be approved by congress before it granted statehood.
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Article 4: Section 4
The United States Will Guarantee to all states the right to a republic form of government
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Article 5¾ of the states to ratify an Amendment
Bill of Rights Ratified in 1789
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Amendment #1
Freedoms AmendmentSpeech
Assembly
Religion
Petition
Press
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Amendment #2
Right to bear and maintain armsMilitias
Firearms
Cornerstone of freedom for Citizens
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Amendment #3
Quartering AmendmentGovernment can not require citizens to house soldiers
Because of the Intolerable acts
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Amendment #4
Searches and Seizures amendmentCan not search your property with a search warrant and or probable cause
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Amendment #5
Rights of the accusedGrand Jury indictment
Double Jeopardy
Testify against yourself
Due Process
Property taken without just compensation
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Amendment #6
Speedy and Public trialImpartial Jury of peers
Confronted with witnesses
Assistance of Counsel
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Amendment #7
Civil Court CasesCases exceeding $20 can be tried by a jury
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Amendment #8
Excessive Bail and PunishmentThe punishment must fit the crime
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Amendment #9
All rights given in the constitution are not limited to the rights listed in the constituion and rights acquired outside the constitution can be taken from the people by the constitution
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Amendment #10
Powers that are delegated to the United States are reserved to the states and the people
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Amendment #11
1795
Law suits against states by another state of people from another state are people from a foreign country are to be heard by the federal courts
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Amendment #12
1804
Election of ExecutivesIf not a majority the House chooses Pres
Senate Chooses VP
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Amendment #13
1865
Abolished Slavery
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Amendment #14
1868Civil Rights Amendment
Section 1– All persons Born or naturalized a guaranteed equal protection under the
ConstitutionSection 2
– Rep-representatives are apportioned based on population of their respective areas they represent
Section 3– Cannot work for government if committed a crime against the
government or committed treasonSection 4
– All debts claimed during insurrection shall be voidSection 5
– Congress has the power to enforce this amendment
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Amendment #15
1870
Male SuffrageAll males over the Age of 21 regardless of previous condition of servitude are guaranteed the right to vote
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Amendment #16
1913
Income TaxCongress has the power to lay and collect taxes on income
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Amendment #17
1913
Direct Election of SenatorsEvery State shall have two senators and be elected by the entire state
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Amendment #18
1919
ProhibitionThe sell, manufacture, and consumption of alcohol is illegal
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Amendment #19
1920
Women’s SuffrageAny female over the age of 21 regardless of previous condition of servitude has the right to vote
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Amendment #20
1933
Term ending dates for President and Congress
Presidents term ends on the 20 of Jan.
Congress begins on the 3rd of Jan.
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Amendment #21
1933
Repeals Prohibition
Makes the sale manufacture and consumption of alcohol legal and can now be regulated and taxed by the government
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Amendment #22
1951
Presidential TermsTwo terms or ten years
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Amendment #23
1961
District of Columbia Voting rights
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Amendment #24
1964
Abolition of Poll TaxState can not charge a tax for the sole purpose of voting thereby discrimination against the poor to keep them from voting
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Amendment #25
1967
Disability and SuccessionPresident Dies
President declares himself unfit for service
Vice President and a majority of the cabinet feel the president is unfit they can submit to the speaker of the house a letter removing the president until he is fit again
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Amendment #26
1971
Age SuffrageLowered the voting age to 18 years old
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Amendment #27
1992
Set congressional pay and the time constraints for which the pay can be increased
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Article 6
The supreme law of the LandNational Government must Conform to the ConstitutionThe constitution is the highest law in the land When there is a conflict between state law and constitution, the constitution over rules the state law.
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Article 7
Ratification
Signers of the Constitution:Delaware – George Reed, Gunning Bedford, John Dickinson, Richard Bassett, and Jacob Bacon
Maryland – James McHenry, Dan of St. Thomas Jenifer, and Daniel Carroll
Virginia – John Blair, James Madison
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Signers Cont’dNorth Carolina – William Blount, Richard Dobbs Spraight, and Hugh WilliamsonSouth Carolina – John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, and Pierce ButlerGeorgia – William Few, Abraham BaldwinNew Hampshire – John Langdon, Nicholas GilmanMassachusetts – Nathaniel Gorham, Rufus King
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Signers Cont’dConnecticut – William Samuel Johnson, Roger ShermanNew York – Alexander HamiltonNew Jersey – William Livingston, David Brearley, William Patterson, and Jonathan DaytonPennsylvania – Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clyner, Thomas FitzSimons, Jared Ingorsoll, James Wilson, Gouveneur Morris