3.1 American Politics The Constitution

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What does the Constitution do?

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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

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Legislative Branch (The Capitol)

Makes laws

Congress

Senate

House of representatives

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Executive (The White House)

Carries out laws

President

Vice President

Cabinet

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4

Judicial

Interprets laws

Supreme court

Other federal courts

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5

Why branches of government

Checks and balances

Separation of power

Independent and co-equal branches

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6

Make

Legislative: make laws, power of the purse, impeachment

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Enforce

Executive: enforce laws, conduct diplomacy, executive orders

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Judge

Judicial: judge the law (due process), civil vs. criminal law

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Accountability through

ballot box/impeachment

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US Constitution framers wanted

to be sure that no group has too much power. Each branch can ‘‘check’’ the power of the other branches.

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Senate details

100 members

Elected every 6 years

30+ years old

US Citizen 9+ years

Live in represented state

Congress

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House of Representatives details

435 members

Elected every 2 years

25+ years old

US Citizen 7+ years

Live in represented state

Congress

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President details

Elected every 4 years

35+ years old

US Citizen

Lived in USA for at least 14 years

Executive

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Cabinet details

Nominated by president

Confirmed by Senate

Executive

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Supreme court details

9 members

Nominated by President

Confirmed by majority of Senate vote

Hold office as long as they choose to stay

Judicial

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Amendments meaning

change

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17

Amendments how many

27

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18

First 10 amendments, ratified in 1791 known as

the Bill of Rights

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Amendments must be ratified by how many?

Must be ratified by ¾ state legislatures

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1st amendment

Freedom of religion, speech, press, assembly, and petition. (1791)

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2nd amendment

Right to keep and bear arms in order to maintain a well regulated militia. (1791)

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3rd amendment

1791

Quartering of Soldiers

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4th amendment

1791

Search and Seizure

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5th amendment

1791

Grand Jury, Double Jeopardy, Self-Incrimination, Due Process

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6th amendment

1791

Rights of Accused in Criminal Prosecutions: Rights to Jury Trial, to Confront Opposing Witnesses and to Counsel

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7th amendment

1791

Jury Trial

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8th amendment

1791

Protections against Excessive Bail, Cruel and Unusual Punishment

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9th amendment

1791

Non-Enumerated Rights

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10th amendment

1791

Rights Reserved to States

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11th amendment

1795

Suits Against a State

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12th amendment

1804

Election of President and Vice-President

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13th amendment

1865

Abolition of Slavery and Involuntary Servitude

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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

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15th amendment

1870

Voting Rights

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16th amendment

1913

Federal Income Tax

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17th amendment

1913

Popular Election of Senators

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18th amendment

1919

Prohibition

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19th amendment

1920

Women's Right to Vote

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20th amendment

\n 1933

Commencement of Presidential Term and Succession

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21st amendment

1933

Repeal of 18th Amendment (Prohibition)

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22nd amendment

1951

Two-Term Limitation on President

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23rd amendment

1961

District of Columbia Presidential Vote

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24th amendment

1964

Abolition of Poll Tax Requirement in Federal Elections

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25th amendment

1967

Presidential Vacancy, Disability and Inability

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26th amendment

\n 1971

Right to Vote at Age 18

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27th amendment

1992

Congressional Compensation

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47

Living document

‘‘The constitution is a text that should be revised and reinterpreted to fit in the society exist in’’

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48

Originalism

‘‘The constitution should be followed according to its language and interpreted for its original meaning.’’

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