The U.S. Constitution
T h e U. S. C o n s t i t u t i o n
I. T h e C o n v e n t i o n - met in Philadelphia in 1787
A. Articles of Confederation - governed from 1783-1787
1. each state was it’s “own country” in many ways
2. the national government was very weak - FEW laws pertained to ALL
States
B. F e d e r a l i s m - dividing the government between national rule and
state rule
1. some powers/law making is reserved for the states
2. Leading Federalists/People who wanted a “stronger” National Gov’t
a. James Madison b. Alexander Hamilton c. John Jay
C. Too Many Disputes between the states, Inability to Tax, Raise an Army,
Stabilize Trade/Economy
D. Ratification - June 1788 - 9 of 13 approved
1. Virginia, New York approve BEFORE the election of a President
2. North Carolina, Rhode Island approve AFTER the election in 1790
II. S t r u c t u r e a n d O p e r a t i o n
A. Separation and Balance of Powers - Baron de Montesquieu -
The Spirit of the Laws (1748)
1. Legislative Branch - It Identifies Problems/Issues, Discusses & Debates,
makes proposed Solutions/Laws
a. Powers/Duties - Approve & Regulate ALL of the Following:
(1) Taxation - creating taxes
(2) Money - coining, printing, minting, regulating money supply
(3) Credit/Borrowing Money - selling bonds
(4) Naturalization- laws and rules on becoming a citizen
(5) Weights & Measures
(6) Post Office
(7) Patents/Copyrights - protecting “Intellectual Property” rights
(8) Declare War/Raise an Army- World War 2 is the last “official” war
(9) Treaties
(10) Creation of Courts, inferior to the Supreme Court
(11) “Necessary and Proper” - Anything they want to do
b. Structure - B i c a m e r a l L e g i s l a t u r e
(1) TWO Bodies with different composition
(a) House of Representatives - One Body which is based on state
population
- 435 members (since 1911)
- the census determines apportionment
- 25 years or older, 2 year terms
(b) Senate - One Body based on the individual states
- 100 members/2 per state, YES North and South Dakota have
4 Senators
- have state residency, 30 years or older, 6 year terms
(2) the House of Representatives can originate Bills/Proposed Laws
(3) Senate can originate Bills too
(4) Bills Submitted to the President MUST BE IDENTICAL between
the House and the Senate for His Approval
2. Executive Branch - Approves of Proposed Laws, Enforces Laws, Carries
out/Executes the Laws
a. Powers/Duties - President/Executive Officers
(1) President is the Commander-in-Chief - in Charge of the Military
(2) Chief Law Enforcement Official - prosecute accused criminals
(3) Reprieves/Pardons - letting people go from their punishment for
convicted crimes
(4) Negotiate Treaties w/ Foreign Nations
- subject to 2/3 Senate Approval
(5) Appoint Advisors - Cabinet for the President, Ambassadors,
Nominate Judges to the Supreme Court,
Department Heads
- subject to House of Reps. Approval
(6) State of the Union - Yearly Address to report on the condition of
the Nation
b. Structure - P r e s i d e n c y - Chief Executive Officer
(1) must be Native Born, at least 35 years old, be ELECTED to serve a
4 year term
(2) E l e c t o r a l C o l l e g e - for Presidential Elections the winner
(# of Reps + 2 Senators) is STATE by STATE. The winner
gets ALL the Electoral Votes
- example: New York has 28 Electoral Votes, Texas 40, Ohio 17
- currently 270 electoral vote are Needed
(3) Succession in case of Impeachment, Death, Illness, Resignation
- Vice President
- Speaker of the House
- President pro-Tempore/Senate - leader of the Majority Party
- Secretary of State
(4) I m p e a c h m e n t - trial of the President for “High Crimes and
Misdemeanors”
- the House is the prosecutor, the Chief Justice is the Judge, the
Senate is the Jury - if Guilty, the Senate determines the sentence
c. Bureaucracy & Agencies - Law Enforcement & Regulation
(1) Bureaucracy - an organization which employs people to enforce
laws & policies of ANY government
(2) Agency - is a permanent/semi-permanent organization in gov’t that
is responsible for the oversight & administration of
specific functions
(a) F.B.I., D.E.A., C.I.A., A.T.F. - Law Enforcement
(b) O.S.H.A., N.L.R.B., E.P.A., C.D.C. - Regulation
3. Judicial Branch - Interprets Laws, Defines Concepts, Settles Disputes
a. Trial by a Jury of Peers
(1) G r a n d J u r y - a panel of citizens to determine if there is
EVIDENCE of a criminal act POSSIBLY
committing a crime, result could be an
Indictment - being charged with a crime
(2) “P e t i t e” J u r y - a panel of citizens assembled to determine
if an accused/indicted person is guilty of a
crime
(3)Impeachment is the ONLY exception to this duty/power
b. Structure - Supreme Court, Court of Appeals, Circuit Courts
(1) S u p r e m e C o u r t - the Court has original jurisdiction (a case
is tried before the Court) over certain
cases
- ANY case which has been appealed/challenged by the side which
“loses” a case can be heard in this court - these cases ALMOST
ALWAYS involve Constitutional/Government Issues
- ANY case in which TWO or more states are in conflict
- ANY case involving the U. S. and foreign nations/Treaties
(2) U. S. C o u r t o f A p p e a l s - this Court does NOT retry cases
or hear new evidence. They do NOT hear
witnesses testify
- there is no jury
- Appellate courts review the procedures and the decisions in the
trial court to make sure that the proceedings were fair
- make sure the proper law was applied correctly
(3) U. S. D i s t r i c t / C i r c u i t C o u r t -
- civil actions based on Constitutional issues
- civil actions between citizens in different states
- criminal prosecutions brought by the U.S. Government - Treason
III. A m e n d i n g t h e C o n s t i t u t i o n
A. A m e n d m e n t - making ADDITIONAL laws to the Constitution
1. to make an amendment to the Constitution:
a. it must pass a 2/3 Vote in BOTH the House and the Senate OR
b. pass ¾ of ALL the State legislatures
2. the 1st 10 amendments are called the “Bill of Rights”
B. Examples:
1. 1st Amendment - Free Speech & No Official/established Religion
2. 2nd Amendment - Right to keep and bear Arms
3. 4th Amendment - Need for Warrants, No Illegal Searches and Seizures
4. 5th Amendment - Due Process, No Self-incrimination
5. 6th Amendment - Speedy Trial
6. 8th Amendment - No Cruel or Unusual Punishment
7. 10th Amendment - Reserve Clause
a. ALL laws NOT made by the National/Federal Gov’t are RESERVED
for the States