What does the Constitution do?
▪Establishes a government by the people, for the people (no king here!)
▪Sets out three branches of government (powers & limits)
▪Codifies the law of the land = due process
▪Serves as the most powerful artifact of our democracy
Legislative Branch (The Capitol)
Makes laws
Congress
Senate
House of representatives
Executive (The White House)
Carries out laws
President
Vice President
Cabinet
Judicial
Interprets laws
Supreme court
Other federal courts
Why branches of government
Checks and balances
Separation of power
Independent and co-equal branches
Make
•Legislative: make laws, power of the purse, impeachment
Enforce
•Executive: enforce laws, conduct diplomacy, executive orders
Judge
•Judicial: judge the law (due process), civil vs. criminal law
Accountability through
ballot box/impeachment
US Constitution framers wanted
to be sure that no group has too much power. Each branch can ‘‘check’’ the power of the other branches.
Senate details
100 members
Elected every 6 years
30+ years old
US Citizen 9+ years
Live in represented state
Congress
House of Representatives details
435 members
Elected every 2 years
25+ years old
US Citizen 7+ years
Live in represented state
Congress
President details
Elected every 4 years
35+ years old
US Citizen
Lived in USA for at least 14 years
Executive
Cabinet details
Nominated by president
Confirmed by Senate
Executive
Supreme court details
9 members
Nominated by President
Confirmed by majority of Senate vote
Hold office as long as they choose to stay
Judicial
Amendments meaning
change
Amendments how many
27
First 10 amendments, ratified in 1791 known as
the Bill of Rights
Amendments must be ratified by how many?
Must be ratified by ¾ state legislatures
1st amendment
Freedom of religion, speech, press, assembly, and petition. (1791)
2nd amendment
Right to keep and bear arms in order to maintain a well regulated militia. (1791)
3rd amendment
1791
Quartering of Soldiers
4th amendment
1791
Search and Seizure
5th amendment
1791
Grand Jury, Double Jeopardy, Self-Incrimination, Due Process
6th amendment
1791
Rights of Accused in Criminal Prosecutions: Rights to Jury Trial, to Confront Opposing Witnesses and to Counsel
7th amendment
1791
Jury Trial
8th amendment
1791
Protections against Excessive Bail, Cruel and Unusual Punishment
9th amendment
1791
Non-Enumerated Rights
10th amendment
1791
Rights Reserved to States
11th amendment
1795
Suits Against a State
12th amendment
1804
Election of President and Vice-President
13th amendment
1865
Abolition of Slavery and Involuntary Servitude
14th amendment
1868
Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts
15th amendment
1870
Voting Rights
16th amendment
1913
Federal Income Tax
17th amendment
1913
Popular Election of Senators
18th amendment
1919
Prohibition
19th amendment
1920
Women's Right to Vote
20th amendment
\n 1933
Commencement of Presidential Term and Succession
21st amendment
1933
Repeal of 18th Amendment (Prohibition)
22nd amendment
1951
Two-Term Limitation on President
23rd amendment
1961
District of Columbia Presidential Vote
24th amendment
1964
Abolition of Poll Tax Requirement in Federal Elections
25th amendment
1967
Presidential Vacancy, Disability and Inability
26th amendment
\n 1971
Right to Vote at Age 18
27th amendment
1992
Congressional Compensation
Living document
‘‘The constitution is a text that should be revised and reinterpreted to fit in the society exist in’’
Originalism
‘‘The constitution should be followed according to its language and interpreted for its original meaning.’’