The United states Constitution

Everything about the United States Constitution!!!

What was the first United States Constitution called?

Articles of Confederation

what were the six main weaknesses of the articles of confederation?

1. No central leadership

2. Congress had no power to enforce laws

3. Congress had no power to tax

4. Congress had no power to regulate trade

5. There was no national court system (judicial branch)

6. Changes to the Articles required all 13 states consent

What replaced the Articles of Confederation

the U.S Constitution

When and where was the Constitutional Convention

May 14, 1787 / Philadelphia, Pennsylvania

how many delegates were at the Constitutional Convention.

55

What were the names of some of the remarkable delegates

George Washington

James Madison of Virginia

Alexander Hamilton of New York

Benjamin Franklin of Pennsylvania (81 year old)

What was the first proposal? Who proposed it?

The Virginia Plan was proposed by James Madison.

What did the Virginia Plan called for

1. For political power to be shifted away from the states and toward the central government (the central government would coordinate the state’s activities for the benefit of the entire nation)

2. For a federal government made up of three branches(Legislative Branch, Executive Branch, Judicial Branch)

3. The legislative Branch will be bicameral. State population will be determined by the number of representatives in each house (Senate and House representatives)

What was an alternative to the Virginia Plan and who suggested it.

William Paterson of New Jersey / New Jersey Plan

What did the New Jersey Plan call for

The New Jersey plan called for the legislative branch (congress) to be Unicameral. (one house legislature in which each state would have one vote)

Who was Roger Sherman and what did he do to help decide whether the congress should be a bicameral or unicameral?

The delegate Roger Sherman of Connecticut proposed a two-house legislature allowing equal representation based on population. Called the “great compromise”.

What is the 3/5 compromise

The 3/5 compromise is counting 60% of the slave population to determine the total state population. Due to the debate between the North and the South on whether to include slaves in the total state population.

What did the Founding Fathers think of slavery?

They believed that slavery was a dying institution.

When did the delegates begin drafting the constitution and when was it completed

The delegates began drafting the constitution on July 26, 1787, and completed it on September 17, 1787

How many delegates signed the constitution

39 delegates

What does ratification mean

Ratification means to officially accept a proposal and put it into effect

Why were many people upset with the constitution

because it did not include a Bill of Rights

Who argued against the constitution

Patrick Henry

Why did the new York city threat to withdraw the city form new York

They threatened to withdraw if the state did not ratify the constitution

What was the first and last state to ratify the constitution

First Delaware (December 7, 1787)

Last Rhode Island’s ( May 29, 1790)

What is the preamble purpose

To clarify the document’s fundamental purposes and guiding principles.

what is the preamble text

We the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings to ourselves and our posterity do ordain and establish this Constitution of the United States of America.

what does domestic tranquility mean

Peace at home

What does liberty mean

The right to speak and worship freely, the right to criticize our government, and form a government that protects those rights.

what does posterity mean

generations of people that come after us

what is article 1

legislative branch

What is the purpose of the legislative branch or congress

to make the laws

What is congress made up of

Senate and House of Representatives

What is the number of members in the house based on

Population of each state

What is the current size of representatives

435

How many senators each state has

2 senators

How many years does a senator serve

The senator serves a 6 year term

Why does 2/3 of the senators stay in office

Because it ensures that there are experienced senators in office at all times

what is the only duty the the Vice President is assigned

to preside over meetings of the Senate (but now vice presidents are assigned more responsibilities)

What is the process that allows the House to charge a government official with wrongdoing and the Senate acts as a court to decide if the official is wrong

impeachment

Congress decided what day month and year the election will be held on

the first Tuesday in November on even-numbered years.

What is a public record that shows how each representative have voted on bills and issues

Congressional record

The house of representatives is responsible of

taxation

what does veto mean

I forbid (Latin)

The veto power of the president and the ability of congress to override a Presidential veto are two of the most important …

Checks + Balances

Shared powers and separate powers of the state government and federal government and denied powers called…

Federalism

Article 2

The executive branch

Who is the chief of the executive branch

The president

what is the main purpose of the executive branch

to enforce the laws

what is the term for the president and what is the maximum

4-year term and maximum of 10 years

What is the electoral system

is when the person with the most votes becomes president and the second-place finisher becomes the Vice president (we don’t do this anymore, now electoral college)

who was the youngest president elected

John F. Kennedy (43)

who was the youngest president to be elected

Theodore Roosevelt (42) after the assassination of President McKinley

who is the oldest elected president

joe Biden (78)

what is the requirement to become president

Must be a natural-born citizen

At least 35 years old

A resident of the United States for at least 14 years

What is president original salary and current salary

Original: $25,000 a year

Current: $400,000 a year

What are other benefits the president receives

$50,000 expense account

$100,000 to redecorate the white house (which they live there for free)

Free healthcare

Get protected by secret services (even after their presidency)

Retirement pension

What shall be administered to the President by the chief justice of the United states Supreme Court

The oath of office (with “so help me God” added at the end by George Washington)

Who is the commander-in-chief of the army and what does the army consist of

The President is in charge of the air force, marines, navy, army, and coastguard

Who declares war

Congress

What is the president’s cabinet

his or her advisors are made up of 15 executive departments with the most important member of the cabinet being Secretary of State

What is the name of the speech the president must deliver every January - February

State of the Union Address at the congressional auditorium

Article 3

The Judicial Branch

what does the judicial branch do

interprets the laws (makes the decision if the law is fair)

The judicial system provides a “Check” on the legislative branch…

it can declare a law unconstitutional

What is the only crime that is mentioned in the Constitution

treason (turning your back on your own country)

what is “corruption of blood”

means punishing the family of a person who has committed treason (this is forbidden in the U.S)

Article 4

The states

Can a person escape legal obligation by moving from one state to another

No

Article 4 does …

permits congress to admit new states to the union

What is the process of admitting a new state to the U.S

1. Ask Congress for permission

2. Write a state constitution

3. Send the new constitution to Congress for approval. The state constitution must set up a representative government and must not contradict with the federal government.

4. If most of the Congress approves the state constitution, the proposed state will be admitted as a member of the United States of America.

Article 5

The amendment process

Prospective amendments to the constitution can be proposed by…

Congress and require a 2/3 vote in each House. Proposal can also be made of 2/3 of the state legislatures.

Ratification of an amendment will occur …

when passed by 3/4 of the state legislatures or at conventions held in ¾ of the states.

who do the framers require in the amendment process

Congress and states

Article 6

national supremacy

What will happen if a state law and a national law conflicted

when a national law and a state law disagree, the national law overrides the state law.

The Constitution is the supreme law of the land: therefore this clause is often called …

supremacy clause

Article 7

Ratification

what was required to ratify the constitution

9 out of 13 states would be needed to ratify the constitution

what was the first and last state to ratify the constitution

First state Delaware (December 7, 1787)

Last state Rhode Islands (May 29, 1790)

Peoples rights as individuals against the power of the government

Civil liberties

The division of powers between a strong central government and the state government.

Federalism

The term that refers to the powers held jointly by the federal government and the state government.

Concurrent powers

A system giving each branch of the federal government the means to restrain the powers of the other two branches

Checks and balances

The Supreme Courts right to determine whether laws violate the U.S Constitution

Judicial review

A legal document that forces a jailer to release a person from prison unless the person has been formerly charged with or convicted of a crime.

Habeas Corpus (Bring forth the body)

A law that punishes a person by fine, imprisonment, or by seizure of property without the right of a court trial.

Bill of attainder

A law passed “after the deed”. Such a law sets a penalty for an act that was not illegal when committed

Expost Facto Law

A false and malicious statement and report that damages the reputation or well-being of another

Slander

A written, printed, or pictorial communication that unjustly damages a person’s reputation

Libel

A Fifth Amendment clause preventing the accused from being tried twice for the same crime, if he/she has already been judged not guilty

Double Jeopardy

Punishing the family of a person who has committed treason

Corruption of Blood

The bill of right is a result of

several states ratifying the constitution to include the bill of rights

Has the first 10 of the amendment

Bill of rights

Why were there amendments added to the constitution

People feared that a stronger central government might take away basic rights of the people that had been guaranteed in state constitutions. The rights of the people needed to be protected.

The first amendment

The Freedom of speech and thought, forbids Congress to make any laws regarding an establishment of religion, freedom to practice religion of ones chose, freedom of the press, and the right to assemble peacefully. (exceptions to this amendment is libel and slander)

Second Amendment

“A well-regulated militia (groups of people against us), being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” The main objective of the Second Amendment was to promote national security. This amendment does not mean that anyone who wants to own a firearm can have one.

Origin of the second amendment

Lexington and Concord Massachusetts 1781

Groups of people who can not legally possess a firearm

Convicted felons (means incarcerated for more than 5 years), minors, and people who has a documented diminished mental capacity.

Third Amendment

“No solider shall, in time of peace, be quartered in any house, without the consent of the owner, or in time of war, but in a manner to be described by law.” This amendment was drafted due to the colonial period when British forced the colonists to provide living and sleeping spaces for their soldiers.

What is the origin of the third amendment

Quartering Act 1774

Fourth Amendment

This amendment deals with illegal searches and seizures. A police officer or sheriff, with probable cause, may enter a person home with a search warrant. Warrants must be issued by a judge, and must specifically describe the place to be searched, and the person or things to be seized.

Fifth Amendment

This amendment deals with the rights of accused persons. This amendment guarantees that no one can be put on trial for a serious crime unless a grand jury agrees that the evidence justifies doing so (Can not decide whether accused is innocent or guilty). A person cannot be tried twice for the same crime if he or she has already been judged not guilty (double jeopardy). Also includes the self-incrimination clause which means that the accused cannot be forced to testify against themselves, nor can their spouses be forced to testify against them.

Sixth Amendment

This amendment makes several promises including a speedy and public trial, and a trial by a jury chosen from the state and district in which the crime was committed. Also states that an accused person must be told why he or she is being tried, and promises that an accused person has the right to be defended by a lawyer.