3.1 American Politics The Constitution

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.’’