U.S.

Constitution
 Constitution
1. U.S. Constitution – 4,300 words in 7 main parts or sections called
articles. Including the 27 amendments,
amendments there are 6,700 words.
The Seven Articles are:
a. Legislative b. Executive c. Judicial d. Relations Among States
and the Federal Government e. Amending Process f. National
Supremacy g. Ratification of the Constitution [9 of 13 colonies]
2. Formal [constitutional] Amendments – 27 amendments ratified
by the States [Over 10,000 have been proposed; 33 were
sent to the States and 27 were approved.]
3. Informal [non-constitutional] Amendments – non-constitutional
changes implemented by:
a. Party Practices – conventions
b. Congressional Laws – Constitution says congress can make “all
laws necessary and proper” [elastic clause].
clause This allows them to
stretch their power such as “the power to regulate currency” and
allowed them to create a national bank in 1819.
 c. Presidential actions – presidents have expanded the power of the
presidency by doing things like sending troops into combat over 200 times.
d. Customs – appoint cabinet positions and forming political parties.
parties
e. Court decisions – The Supreme Court just took the power of judicial
review by declaring State and federal laws unconstitutional [null and
void]. No one has challenged them on this.

Weaknesses of the Articles of Confederation 1781-1787.

a. Could not collect taxes
b. There was no executive branch [feared the re-
establishment of a monarchy, however, there was no
executive to enforce acts of congress due to bad
experience with George III.].
c. No national court system
d. Unanimous approval of all 13 States for an amendment [one
State had veto power over any amendments]
e. States had too much autonomy
6. New Jersey [small State] Plan – each State received one vote.
7. Virginia [ large State] Plan – one house’s representatives would be based on
population and they would chose members of the other house.
8. Great [Connecticut Plan] Compromise – one house based on population [each
State would get at least one representative] and the other house would have 2
members from each State.
9. Bill of Rights – civil liberties [speech, religion, press, etc. is the 1st 10
Amendments.
10. Separation of Powers – power is distributed among the 3 branches.
11. Checks and Balances – each of the three branches of government is subject to
checks by either or both of the others.
There are Three Delegated [granted] Powers of the National Government
12. Expressed Powers of the National Government – written in constitution.
13. Implied Powers of the National government – not written but implied in the
constitution by the elastic clause [“shall make all laws necessary and
proper” (which means “convenient and useful”)]
14. Inherent Powers of the National Government – because of nationhood [like
acquiring territory or deporting aliens]

Delegated Powers

Expressed Powers Implied Powers Inherent Powers

[enumerated] [suggested] [historically possess]

Written in the Elastic Clause: Just because

Constitution [17] Necessary & Proper [hundreds] it’s a nation

Example: Example: Example:

*Congress regulates
*Congress can coin *Congress builds
immigration and
money & declare war interstate hwy sys acquires territory
15. Marbury v. Madison [1803] – 1st case in which an act of Congress was declared
unconstitutional [null and void] by the Supreme court. 1,000 laws of the
States have been declared unconstitutional and 150 acts of congress have
been declared unconstitutional.
16. Plead the 5th – don’t have to testify against yourself or your spouse.
17. Due Process – fair and equal treatment under the law. Laws have to be fair and
legal.
18. Double Jeopardy – tried twice for the same crime.
19. Eminent Domain – the government can take your property for public use, but
they do have to pay you a fair price.
20. Exclusionary Rule – evidence gained by unlawful search or seizure.
21. Probable Cause – good reason or “probable cause” that the suspect is guilty.
22. Ex Post Facto – “after the fact” declaring something a crime even though it
was legal when it was committed. Like, “can’t be punished today for wearing
polyester leisure suits and bell bottoms in the 1970s.
 Articles of Confederation The US Constitution
1. Unicameral Congress (1 house) 1. Bicameral Congress (2 houses)

2. Equal (one) vote in Congress per state 2. In House of Representative, states were
represented based on population; In the
Senate each state got two votes regardless of
population

3. No Executive Branch 3. Executive Branch established, lead by US

President, carries out laws

4. No Judicial Branch 4. Judicial Branch established, headed by

Supreme Court, interprets laws

5. 9 out of 13 states had to approve laws in 5. Majority rules! (50% +1 in each house to pass
Congress laws)

6. States could coin their own money 6. Congress has exclusive right to coin money

7. States could regulate trade with states and 7. Only Congress could regulate trade with
foreign nations states and foreign nations

8. States had great autonomy to govern 8. States recognize the US Constitution as the
themselves final word on all matters

9. Only states had the power to impose taxes 9. Congress can impose taxes as well
Popular Sovereignty

 The principle that the people are the

source of power – found in the Preamble
 Popular Sovereignty
– the right to liberty from oppression by outside sources

– Each state receives its power from the people.

I. The first principle is POPULAR SOVEREIGNTY
(the people rule)
The Constitution acts as a contract with the people:
1. People grant government powers so they can get the work
of the nation done
2. People spell out what the government may NOT do
3. Popular [people] sovereignty [absolute rule] –absolute
power is invested in the people.
people
4. The “We, the people”
people in the Preamble, shows that the
people are the only source of governmental power.
5. The government may govern only with the consent of the
people is what popular sovereignty means.
6. The Framers feared that direct
democracy would lead to mob
rule.
rule They believed that elected
representatives would make
more reasoned judgments than
the people themselves.
Popular Sovereignty

 How can Popular Sovereignty be threatened?

 A prime example of this kind of attack is when

Iraq took over Kuwait during the Gulf War. Iraq
was exerting power over the rights and liberty
of citizens of another country and, in doing so,
threatened the popular sovereignty of that
nation.
Popular Sovereignty

 Can elected officials have too much power and

oppress those who are electing them?

 How is popular sovereignty maintained in third

world countries?
The people elect public officials to make laws for them.
It would be too difficult for everybody to directly vote on
every governmental matter that needed to be addressed,
so we elect politicians we agree with to vote for us in
Congress.
This is called representative government (system of
government in which voters choose representatives to
govern them).
 1789
White, male, at least 21 years old,
land owner (in most cases)

1800-1850’s
White, male, at least 21 years old
1870
Male, at least 21 years old
(black men gained the right to vote-
15th Amendment)
1920 The people choose officials for the
At least 21 years old
(women gained the right to vote- following national offices:
19th Amendment)
1961 • House of Representatives (Art. 1, Sec. 2)
Citizens living in Washington, DC
can vote in presidential elections
• Senate (Amendment 17)
(amazingly, those living in the • Members of the Electoral College
District of Columbia could not vote
for President of the United States (who vote for the President)
because they were not a state and
had no electoral votes… the 23rd
Amendment gave DC 3 electoral
Voting rights have increased over
votes) time. When the Constitution was
1971
All citizens who are at least 18 years
ratified, only white men over the age
old may vote of 21 who owned property could vote.
(26th Amendment)
Limited government reflected the Framers
fear of too much power [tyranny]
accumulating in any one branch.

The government must obey the law.

The Bill of Rights [first 10 amendments] protect human

rights by limiting the power of national government.
[“Congress shall make no law” guarantees freedom of
religion, speech, press, assembly, and petition.
Limited Government
 Limited Government
– The government can ONLY do the things the people
have given it the power to do.

– Flip of PopSov
 People are the only source of any and all of government
authority.

– Rule of Law or Constitutionalism

 Freedom of religion, press, speech, assembly, and petition.
Limited Government

 How has limited government grown after 911?

 What is a matter of national security?

– Local Law Enforcement?
– Beef?
– Subsidies
Limited Government
 How far should the government go in helping individual
people?

 NAFTA – Why?

 Minimum Wage Law

– What are the effects? Better for Big Business or for Workers?
Increase Poverty and Unemployment
 How?
Limited Government

 How do you fix problems with violence?

 Increase Taxes?
– People have less to spend. More problems.

 Public Housing?
– Incentive to maintain? Not really? Other people are
spending your money.
Separation of Powers
 Three Distinct and independent branches.

 For example, the President appoints judges and

departmental secretaries. But these appointments must
be approved by the Senate. The Congress can pass a
law, but the President can veto it. The Supreme Court
can rule a law to be unconstitutional, but the Congress,
with the States, can amend the Constitution.
Legislative Branch

 The legislative branch is in charge of making

the laws.
 It is separated into two houses
– Senate
 Must be 30yrs old and a U.S. citizen for 9 years.
– House of Representatives
 Must be at least 25yrs old and a U.S. citizen for 7 years.
Executive Branch

 Separated into two offices

– President
– Vice President
 Must be a citizen from birth
 35 yrs old or older
 Resident of the country for 14 yrs.
Judicial Branch
 Judicial Power- Right of the courts to decide legal
cases.
– Federal judge serves for life.

 Jurisdiction
– Federal courts have jurisdiction to hear cases that involve the
constitution, federal laws, treaties, foreign ambassadors,
diplomats, naval laws, disagreements between states or
between citizens from different state and disputes between a
state or citizen and a foreign state or citizen.
Judicial Review

 DMV suspends your license.

 You cannot get a building permit to build a

house.

 You get kicked out of school.

Judicial Review

 What questions do courts ask?

– Does the decision-maker have the authority
necessary to make this type of decision?
– Is there a right to be heard? What type of decisions
are set in stone and can’t be reviewed?
– Did the decision-maker fail to take into account
relevant considerations?
– Is the decision maker an expert in their field? If so,
then Court probably will not take case.
Checks and Balances – the three branches of government
are not completely independent of one another but are
tied together by a complex system of checks and
balances.
balances

All three share power with the others.

A. each one is subject to checks by either or both of the others.
B. There are checks when the President vetoes an act of Congress,
or Congress overrides a presidential veto.
veto Or the Senate rejects a
presidential appointee, or when Congress removes judges through
impeachment.
C. This check and balance system makes compromise necessary.
 Legislative Branch Checks Over…

Executive Judicial
• can override presidential veto • Create lower federal courts
• confirms presidential appointments • Can impeach or remove judges
• ratifies treaties • Can propose amendments
• can declare war (overruling judicial decisions)
• appropriates money • Approves appointments of federal
• can impeach and remove president judges
 Executive Branch Checks Over…

Legislative Judicial
• can propose laws • appoints federal judges
• makes appointments • can grant pardons to federal
• negotiates foreign treaties offenders
• can veto laws
• can call special sessions of
congress
 Judicial Branch Checks Over…

Executive Legislative

• can declare • can declare laws and

executive actions to acts of Congress to be
be unconstitutional unconstitutional
 The framers recognized
that state governments
could deal with the needs
of their people better than a
e
national government Nati Stat ents
Gov onal overnm
ernm G
ent
For this reason, they sought
to create a nation that had
shared powers between the
federal government and the
state government
[federalism]
Federalism
 The powers of the national  Expressed Powers -- these
government are either powers are specifically written
expressed or implied in the in the Constitution
Constitution of the United
States of America.  Implied powers -- these
powers are interpreted from
 Some powers of the national other powers that are listed in
government belong only to the Constitution.
that part of the government.
 Powers like declaring war and
deciding who can immigrate
to the US…belong only to the
national government.
Federalism
 The powers not given to  Powers that belong only
the national government to the states include
by the Constitution of the things like:
United States of America – issuing drivers licenses
are reserved for the – issuing hunting and
states. fishing licenses
– deciding educational
issues within the state.
Federalism
 The Constitution of the  One thing that neither
United States of America government can do is
denies powers to both take away the individual
the national and state right of the citizens of the
governments. nation and of the states.

 No one can take away

your freedom of religion
or speech, or any of your
other rights.
Federalism
 Primary  National—Conducts
responsibilities of each foreign policy, regulates
level of government commerce

 State—Promotes public
health, safety, and
welfare
FEDERAL POWERS STATE POWERS
• Regulate • Regulate trade
interstate and within state borders
foreign trade • Conduct Elections
• Create and • Create local
maintain armed SHARED POWERS governments
forces • Provide for public
• Raise Taxes
• Coin Money safety
• Build Roads • Establish laws
• Declare War • Create and
• Admit new states about marriage &
impose penalties divorce
• Establish foreign for crimes • Control Education
policy • Charter Banks
• Make peace • Provide for the
treaties public welfare
The President plays no formal role in the amendment process. They are not
sent to him to be signed or vetoed. He does have political influence.
Congress decides the method of ratification.

1. First Method – passed by 2/3 vote of both houses of congress and

ratified by ¾ (38) State legislatures.
legislatures
[26 of the 27 amendments were adopted this way.]
2. Second Method – same as the first one except ratified by 38 State
conventions called for that purpose. The 21st Amendment, repealing the
18th, was the only one done this way.
3. Third Method – 2/3 of State legislatures (34) could call a National
convention.
convention The amendment would have to be ratified by ¾ of the State
legislatures.
4. Fourth Method – may be proposed by a National convention and ratified by
¾ (38) of the State conventions.
conventions
Formal Amendments are proposed at the National level and ratification is a
State by State matter.

This reflects the federal character of our government.

 Formal

2/3 of states can call

2/3 of each house
for a national
of the US Congress convention for the
can propose purpose of proposing
amendments amendments
 Formal

3/4 of the state 3/4 of special

legislatures state conventions
must approve must approve
Amendment Arguments

 State legislatures are not a clear-cut

expression of the people.

 State Legislators are chosen by: name

familiarity, party membership, stands on taxes,
schools, and welfare programs, not their
stance on an amendment.

 Advisory Votes
Informal Amendment Process

 Can take place in five different ways.

– Basic Legislation – Laws, Provisions, additions.
– Executive Action – Agreements and Provisions.
– Court Decisions – How to interpret and apply.
– Party Practices – Government through parties.
– Customs – Reactions to circumstances.
 25th Amendment – Order of Command.
Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS.
FREEDOMS
[“Civil Liberties” or freedom of expressions are the
keystone of individual freedom.
freedom

a. Freedom of Religion or not to have a religion. P eople

may worship or not worship as they please.
The government cannot favor one religion over
another [separation of church and State – no
prayers or devotional reading from the Bible in school.]

b. Freedom of speech – this freedom is restricted if it

harms others. We have laws against slander [spoken]
spoken or
libel [written statements]
statements intended to damage one’s reputation.
Speech that offends the moral sense [obscenity]
obscenity of
others or speech that endangers the safety of the
nation [military secrets] may be punished.
c. Freedom of the Press means we can write our
opinions and circulate them to others through T.V.,
newspapers, or magazines. This freedom also
protects our right to know. Obscenity cannot be sent
through the mail but may be viewed in the privacy of your
own house. There can be no prior restraint –stopping
the spreading of news before they are published or
broadcast.

d. Right to assemble for any peaceable purpose. Any

political party or interest group has the right to hold a
meeting as long as they are peaceful.

e. Right to petition government officials,

officials or convey our
opinions to them. You can get people to sign a petition
and send it to government officials.
Amendment 2. Right To Keep And Bear Arms
The purpose was to prevent Congress from denying States the right to
have a militia of armed citizens. The States and federal government
can regulate the possession and use of firearms by individuals.
 Amendment 3. No Quartering of Troops In Homes
This is absolute during peacetime; limited during wartime.

Amendments 4-8 protect the individual in dealing with the police and
courts.
 Amendment 4. Limits The Conditions Under Which
Police May Search for and Seize Evidence and People
[Privacy Amendment]
A. No “Fishing Expeditions” by public officials [a search must be
reasonable and based on probable cause].

B. In most cases, a search or arrest warrant will be

necessary. The warrant must describe the specific place to be
searched and the persons or things to be seized.
seized

C. A police officer may chase a suspect into his house &

not secure a warrant (this would be probable cause).

D. The Supreme Court has ruled that evidence gained as a

result of an unlawful search or seizure cannot be used at the trial.
trial
[Exclusionary Rule–has to be excluded]
excluded
Amendment 5. Rights of Accused Persons
[5-8 have to do with “rights of the accused”]
accused”
A. A person can be tried for a serious crime only if
he has been accused of that crime by a grand jury.
jury

B. No one may be tried twice for the same offense.

offense
[Double Jeopardy clause] – no one may be put in
jeopardy twice for the same offense]

C. No one may be forced to testify against himself or

his spouse. You don’t have to answer questions
by the police or the courts. [Plead the “5th”]

D. No one can be deprived of life, liberty,

or property without due process of law
[fair and equal treatment under the law].
E. The government may take private property for a
legitimate public purpose; but when it exercises that
power of EMINENT DOMAIN [taking property for
public use],
use it must pay a fair price.
New Cowboys stadium
meant property losses.
Amendment 6. Right To A Speedy Trial

A. IMPARTIAL JURY.
JURY You do not have to use a jury
and can have the case transferred if it has received
too much publicity.

B. Right to be told what crime

you are accused of.
of

C. Right to hear and question all

witnesses against you.

D. The right to compel [require their

testimony] witnesses to appear at
a trial to tell your side of the story.

E. Right to a lawyer.
Marcia Clark
Amendment 7. Jury Trial In Civil Cases [not a
criminal matter – but where one person sues
another] Applies to all disputes in excess of $20.
$20

Amendment 8. No Excessive Bail or Fines,

Fines or
“Cruel and Unusual Punishment” [like
torture and beheading] [The Court of Military
appeals has abolished an old Navy punishment
of 3 days on bread and water as both cruel and
unusual]

Tar and
The
Feathering
“Rack”
Amendment 9. Unenumerated Rights – The Constitution
does not describe all of our rights. This amendment
guarantees those fundamental rights not enumerated.
enumerated
Courts can’t define all your rights but that doesn’t mean
you don’t have them.

Amendment 10. Limits The Power Of The Federal Government.

Government Powers
not granted to the U.S., nor prohibited to it by the States are given to
the States or the people. But what are they? State and federal
governments have fought over what this means. In 1860, Southern States
thought they had the right to quit the Union, starting the
Civil War.
War The Union victory cemented the supremacy of federal
power.
power

Both the 9th and 10th Amendments echo the theory of the social contract;
contract if
the people have not agreed to delegate the powers, people still have them.
As people put the Constitution into practice, they found that the
machinery of government did not work exactly the way its
designers had expected.
expected Slight changes were made in the
11th and 12th Amendments.

Amendment 11. [1798] Removed From The Federal Courts

All Lawsuits By Individuals Against States.
You can bring suit against any State by introducing the case
in the courts of the State that is being sued.

Amendment 12. [1804] Changed The Electoral system For

Choosing The President & Vice President.
Originally, there was no distinction between candidates
for president and vice president.
Civil War Amendments – 13, 14, & 15 – wiped out slavery.
[13 – freed the slaves; 14 – gave citizenship;
citizenship 15 – gave right vote]
vote

13 [1865] Banned Slavery and Involuntary

Amendment 13.
Servitude.

14 [1868] Guaranteed Citizenship to

Amendment 14.
the Freed slaves and Guaranteed Their Rights.
All citizens were to get “Due Process” [now was applied to the States] and
“Equal Protection” of the laws.

15 [1870] Guaranteed The Right Of Freed

Amendment 15.
Slaves To Vote.
 16 [1913] Income Tax Laws are Legal.
Amendment 16.
17 [1913] Senators Will Be Elected By People, Not
Amendment 17.
Legislatures.
Amendment 18.18 [1919] Prohibition [Prohibited the manufacture, sale, or
transportation of alcoholic beverages]
A. Prohibition didn’t stop drinking,
drinking or people from
making and selling beer, wine, or whisky.
B. Bootleggers became rich by selling illegal liquor and bribing
government officials. [In 1933, it was canceled by the 21st Amendment]
This attempt to make public policy was a disaster.
disaster It lasted for 14 years
(1919-1933). Gangsters bootlegged liquor; people died from drinking homemade
booze; and millions broke the law by drinking anyway.
19 [1920] Women’s Suffrage [Right to vote]
Amendment 19. vote In 1872, 218
women from 26 States were arrested for picketing the White House. 100 went to
jail, some for months. Hunger strikes followed. The movement had began in 1873 by
Susan B. Anthony.
Women had been voting in some State and local elections since 1869.
It took 133 years for women to get to vote in national elections.
Amendment 20. [1933] “Lame Duck Amendment”
A. Set new dates for the start of terms for
Congress [January 3, instead of the first
Monday of December following the election]
and for the inauguration of the President
and Vice President [January 20, instead of
March 4]

B. Defeated candidates were called “Lame Ducks” suggesting that

their political wings had been clipped. This shortened the time they
could remain in office.
Amendment 21. [1933] Repealed
the 18th Amendment [Prohibition]
Amendments 22–26 deal with the presidency and
with presidential elections.

Amendment 22. [1951] Two-term Limit For Presidents or Not

More Than 10 Years.
Amendment 23. [1961] Presidential Electors For Washington DC.
A. People living in the nation’s capital could not vote in previous national elections.
B. This gave them 3 members of the Electoral College, the same number elected by
each of the less populous States. They now could vote.
Amendment 24. [1964] Poll Tax Banned In Federal Elections
A. Five States were still requiring a fee to vote.
Many thought this was discriminatory.
B. Poll taxes were banned in State and local elections in 1966.
[It violated the “equal protection clause” of the 14 th Amendment]
Amendment 25. [1967] Presidential Disability and Succession
A. Vice President Succession – President nominates a Vice
President and a majority of both houses must approve.
B. Presidential Disability – this is decided by the Vice President & a majority of the
Cabinet. They send a written proclamation to the President pro tempore of the
Senate and the Speaker of the House. The Vice President takes over as acting
President. When the president recovers, he sends a written declaration to the same
officials. If there is a disagreement over his recovery, the Vice President and Cabinet
sends a new declaration within 4 days of the President’s. Congress must decide by a
2/3 vote within 21 days.
AMENDMENT 24: ABOLITION OF POLL TAXES - 1964

 The right of United States

citizens to vote in
Presidential and
Congressional elections will
not be denied by reason of
failure to pay any poll tax or
other tax

1942 cartoon critical of Poll Tax

 26 [1971] Voting Age is Lowered To 18.
Amendment 26.
Who cannot vote?
vote [the insane, criminals and those dishonorably discharged
from the armed forces]

Amendment 27. [1992] Congressional Pay.

No law changing the compensation for the services of the Senators and
Representatives,
Representatives shall take effect, until an election of Representatives
shall have intervened.
TODAY’S CONSTITUTIONAL ISSUES
 Gun Control and the 2nd
Amendment
 Death Penalty and Cruel and
Unusual
 Prayer in Schools 1st Amendment
 Censorship & Free Speech
 Terrorism and Seize and Seizure
rules – 4th
 Term Limits for Congress
 Campaign finance reform
 Abortion and Due Process rights –
5th
Probable vs. Reasonable Cause
 The probable cause requirement is, in many ways,
more important than the reasonableness clause.
Not all search and seizures require warrants (e.g.,
automobile searches, arrest in a public place), but
the Supreme Court has interpreted warrantless
searches and seizures as unreasonable unless
preceded by probable cause. This means that as a
general rule, most searches and seizures require
probable cause.
 Article I---Legislative Branch
 Section One—What is a Congress?
1. Bicameral Legislature---There are two
houses, a Senate and House of
Representatives.
 Section Two---House of Representatives
1. Clause One
 A Representative serves a two year
term
Who determines the amount of Representatives each
state will receive? (Congress)

Why does California have more members in the

House of Representatives than Minnesota?
(Great Compromise)
What if half of California’s population moved
to Minnesota?
 Reapportionment---Creating new districts
every ten years to adjust for population changes
Reapportionment

1. Take a census every ten years

2. Congress totals the number of Reps. each state will
get (that total must equal 435)
3. Congress will notify the state legislatures of any
changes
4. State legislatures will determine new district
boundaries
5. New districts will allow for new elections for the
House of Reps
Gerrymandering--Redrawing district lines to favor
a political party
 One man – one vote (each district has to have
about the same number of people)
 Seven states with one U.S. Representative: (North
Dakota, Montana, Wyoming, Vermont, Alaska,
Delaware, South Dakota)
What happens if a Representative dies in office?
 Usually a governor will issue an election to fill the vacancy

Where does the impeachment process start?

 The House of Reps. will start the impeachment process
 Andrew Johnson---First U.S. President to be impeached,
but fell one vote shy of the Senate’s conviction
 Richard Nixon---Resigned before official impeachment
could take place
 Bill Clinton---Impeachment articles were passed by the
U.S. House of Reps, but the Senate found him NOT
guilty of those articles
Section Three---The Senate

1. How is a Senator different from a member of

the House of Representatives?
 Senators term is 6 years
 1 vote per Senator
 2 Senators per state (all states get the same
amount)
 Originally Senators were chosen by state
legislatures
 Today chosen by direct election (17th Amendment)
Is it possible for both Senators from one state to be up for re-
election at the same time? (No)
All of the members from the first Senate did not get a 6 year
term.
The founding fathers wanted the Senate to have experienced
members so they created a staggered election.
 First class = 2 year term
 Second class = 4 year term
 Third class = 6 year term
 Never will the Senators term from one state be up for re-
election at the same time
3. What are the qualifications for a Senator?
 30 years old
 9 year citizen of the United States
 Be a resident of the state you are elected from

4. What are the qualifications of a HOR?

 25 years old
 7 years a citizen of the United States
 Be a resident of the state you are elected from.
Officers of the Senate
 The Vice-President (Joe Biden) of the U.S. is the
President of the Senate (very little power and seldom is
seen on the Senate Floor )
 President of the Pro Tempore - presides temporarily
when vice-president is not available (very little power)
 Usually senior ranking member of the Senate – of
the majority party
 Majority Leader - controls the agenda of the majority
party
 Majority Whip - helps the majority leader
 Minority Leader - A watchdog function over the
majority party
 Minority Whip - helps the minority leader
 President of the Senate (Biden) only votes if there is a tie
Trial of Impeachments - Does the Senate actually serve
as the Jury in impeachment proceedings? (Yes)
 Senate tries impeachments (acts as a jury)
 House of Reps. introduces the Articles of
Impeachment
 House needs a majority (218) vote to bring up
charges
 Senate needs 2/3s majority (67) to convict

 Chief Justice presides over impeachment

hearings.
What happens if someone is impeached?

 A guilty conviction on the Articles of Impeachment is

removal from office
 A U.S. President cannot be pardoned if found guilty by
2/3s of the Senate (part of the checks and balance system)
 Section Four - When Does
Congress Meet in Washington,
D.C.?

1. Clause one - When are the national

elections held?
 At one time federal elections were not uniform.
Some states held them on different days and
months.
National Election Day was set by Congress (1st
Tuesday after the first Monday of November)
 So When does Congress Meet?
 Must meet one time a year (Why?)
 1933—20th Amendment established January 3rd as the
meeting date (a two year working period)
 Section Five—Rules of Procedures
1. Clause One - Can an elected official be removed from office?
(Yes)
 Each House determines the qualifications of their
members
 Brigham Roberts—1901, polygamist from Utah, The
Senate refused to seat him
 Victor Berger—1919, Socialist from Wisconsin, The
House refused to seat him
 Adam Powell—1967, African-American who allegedly
misappropriated federal funds. The House refused to
seat him
Powell v McCormack(1969) - SC allowed Powell his seat
in the House of Representatives
2. Does the House and the Senate following the same proceedings
and rules? (No)
 House of Reps and the Senate have different rules
 Filibuster—Delaying a bill through the use of discussion
 Senate has Filibusters, House is more stringent on how they
control debate
 Strom Thurmond—longest filibuster, 24 hours 18 minutes
 Cloture rule—rule in the Senate that will end a filibuster if
60 Senators agree to vote for the closing of debate
 Censure—punishing a member of Congress, take away
some of their power or seniority
Can I get information about how a member of Congress voted?
(Yes)
 Congressional Journal—Published at the end of the
session, contains the bare facts about the session
 Congressional Record—Published daily, includes word
for word what people had to say
 Sunshine Law—All meetings must be open to the public
and all records about the session are open to the public as
well
Can the House and the Senate adjourn at different times?
 Adjourn—to stop meeting
 Consent—Need consent of the other house if you are going
to adjourn for more than three days (law making process
would stop if only one house adjourns, usually joint
adjournment)
Section Six—Privileges and
Restrictions

1. Clause One - What is the salary and benefits for

a member of Congress?
 Compensation—members of Congress will be paid
($169,300 per year)
 Congressional immunity-can’t be arrested for minor
crimes when traveling to or from Congress
(breach of peace, treason,
felony, are not exempt from this immunity)
 Slander—saying something that is not true, they
can do this in the House and Senate (done so that
speech is not limited or censored)
 Franking—free mail service
 Other Privileges
 Salary
 Travel expense account
 Office in D.C. and their state
 Special allowance for stationary, phone calls, faxes
 Pension
 Some tax exemptions
 15% of salary for speaking engagements
 Unlimited income from book royalties
Legislative Branch
 Speaker of the House of Representatives: $223,500
 Senate president pro tempore: $195,100
 Senate and House majority and minority leaders:
$193,400
 Other senators and representatives: $174,000

 Also get a “Cost of Living” adjustment every year.

– = to inflation
 According to the Congressional Research
Service, 413 retired Members of Congress
were receiving federal pensions based fully or
in part on their congressional service as of Oct.
1, 2006. Of this number, 290 had retired under
CSRS and were receiving an average annual
pension of $60,972.
2. Can a member of Congress also be a federal judge? (No)
 Separation of Powers—can’t hold two offices at once
from different branches of government
 Section 7
Method of Passing Bills

Clause One - Where do tax bills start?

All tax bills start in the House.

2. How does a bill become a law?
Procedures vary slightly in each house and all bills must go
through committee work before they get to the floor. Here is a
simple overview:
 First method—passes one house by majority vote, passes
second house by majority vote, goes to president, president
signs it into law
 Second method—passes one house by majority vote,
passes second house by majority vote, goes to president,
president vetoes, goes back to house it originated in and
must pass by 2/3 vote, then goes to next house and must
pass by 2/3 vote to become a law
 Third method-- passes one house by majority vote, passes
second house by majority vote, goes to president, president
delays action for ten days excluding Sundays, becomes law
 Pocket Veto - What if Congress adjourns and a bill has not
been signed by the President?
Passes one house by majority vote, passes second house by
majority vote, goes to president, delays action for ten days
excluding Sundays, within that time Congress adjourns,
BILL DOES NOT BECOME A LAW (Reagan had 8 pocket
vetoes)

3. Can the Congress express their opinion without creating a

formal law? (Yes)
Resolution—a formal expression of opinion or will
 Simple resolution—deals with the matters of one
house
 Concurrent—deals with both houses and goes to the
president for approval
 Section Eight
Powers Delegated to Congress

1. Clause One - Why can Congress collect taxes?

 Congress can collect taxes for three purposes:
 Pay off debts
 Provide defense
 Provide for the common welfare
 Total Outlays (Federal Funds): $2,650 billion
MILITARY: 54% and $1,449 billion
NON-MILITARY: 46% and $1,210 billion

                                                                                                  
2. Clause Two - Can Congress Borrow Money?
 They can borrow money on the credit of the United
States (selling bonds is one example)
 Debt—Total amount of money that the government
owes ( currently over $10.9 trillion – last year at this
time it was around 9.2 trillion – that is
10,600,000,000,000! or $35,316 per U.S. resident
 Deficit—Yearly amount of money that the government
owes
3. Clause Three - Can Congress regulate trade?
 Interstate—Trade between two or more states
 Intrastate—Trade within a state
 Congress can only regulate interstate trade
4. Clause Four—Naturalization and Bankruptcy
 Natural born citizen—born in the United States
 Naturalized citizen—foreigner becoming a citizen by
following rules set by Congress
 A naturalized citizen can never be President of the U.S.
 Bankruptcy—courts declare bankruptcy
5. Clause Five - Can a bank make money? (No)
 Congress will make money
 Congress will set up our weights and measures
 1831—English system (foot-pound-mile)
 1866—if states wanted to, they could go on the metric
system
 We are the only large country not on the metric system

6. Clause Six -
 Congress will punish counterfeiters
 Minting edge - lip on penny and nickel
7. Clause Seven - Mail Service
 Federal government will establish a mail service

8. Clause Eight
 Congress promotes inventions
 Copyrights—Secures rights of ownership for the life of the
owner (publications and literature)
 Patents—Secures the rights of inventors generally for 20
years
9. Clause Nine
 Congress establishes and abolishes courts

10. Clause Ten

 Congress can punish for crimes committed on
the water
11. Clause Eleven
 Only Congress can declare war—power to many
people as opposed to one
 War Powers Resolution (1973) - Attempted to
limit presidential power of war
 12. Clause Twelve
 Congress controls the power of the purse regarding the
military
 Can’t allow stock piling of money

13. Clause Thirteen

 Congress can maintain a navy

14. Clause Fourteen

 Congress establishes rules for the military
 Court martial - Court proceedings that
follow military laws
15. Clause Fifteen
 Congress governs state militias (National Guard)
 National guard can be deployed for three reasons:
 Execute laws of the union
 Suppress insurrections (riots)
 Repel invasions

16. Clause Sixteen

 Congress allows the states to appoint National Guard
officers and train their own soldiers
17. Clause Seventeen—Who controls the District of Columbia?
 Washington, in the District of Columbia, is a federal city
under the control of Congress
 Since 1973, people of the city elect their own officials

18. Clause Eighteen—Necessary and Proper Clause

 Congress has the power to establish any rules they
deem necessary and proper
 Elastic Clause—expands the powers of Congress
 Section Nine—Powers Denied to
the Federal Government
2. Clause Two - Can I be thrown in jail for having blue eyes?
(No)
 Habeas corpus - “you have the body” - You have the
right to test the legality of your detention - judge is not
concerned with guilt or innocence
 The writ can be suspended in times of rebellion,
invasion, or the public safety requires it (Abraham
Lincoln during Civil War)
3. Clause Three
 Congress cannot pass a bill of attainder (legislative act
against a named person)
Congress makes a law that says Mike Sims is a thief and
will serve 25 years in prison - This is Unconstitutional!!

 Congress cannot pass an ex post facto law (after the fact)

Betty Boone sells fireworks on July 4th - On July 10th,
Congress passes a law that makes it illegal to sell fireworks
and tries
4. Clause four to punish Betty for what she did on July 4th
 Congress cannot put a direct tax on an individual (16th
amendment overrides this)
5. Clause five
 Congress cannot tax an export
 6. Clause Six
Import taxes must be the same at all ports.

7. Clause Seven
 Congress controls the federal budget

8. Clause Eight - Can I receive a title of Duke or

Earl of the U.S.?
 Titles of nobility will not be granted
 Any gifts from foreign countries must be
approved by Congress
 Section Ten
Powers Denied to the States

1. Clause One - Can Minnesota create an alliance with

Canada? (No)
 States cannot form treaties or alliances with any other
states or countries
 States cannot coin money
2. Clause Two
 States can not tax imports or exports without the consent of
Congress

3. Clause Three
 States can not harbor troops in times of peace
 States can not engage in war
 Article II—Executive Branch
Section One—President & Vice President
1. Clause one—How long is the President in
office?
 Four year terms
 1951—22 Amendment changed it to a
maximum of 2 terms or ten years
 FDR served the most years in office (12)
 Grover Cleveland served 2 nonconsecutive
terms (22nd & 24th President of the United
States)
2. Clause Two - How is the U.S. President elected?
Electors—Presidential voters
Electoral college—system used to elect the President,
founders didn’t want a pure form of democracy, wanted a
representative democracy
538=total number of Presidential electors, must have
270 to become president
Purpose of the electoral college---give each state
somewhat equal representation
 3. Clause Three—former method of electoral college
(changed by 12th Amendment)
 Thomas Jefferson and Aaron Burr each had the
same number of electoral votes (73)
 Tie would go to the House of Representatives and
each state gets one vote, still have to get a majority

Election of 1860 Popular Votes Electoral

Lincoln 1, 866,352 180
Douglas 1,375,157 12
Breckenridge 847,953 72
Bell 589,581 39
Close Elections in History
Popular Votes Electoral Votes
Hayes (1876) 4,033,950 185
Tilden (1876) 4,284,855 184
Bush (2000) 50,456, 169 271
Gore (2000) 50,996, 116 266

4. Clause 4 - When does the Electoral College vote?

 Official ballot for President is cast by the Electoral
College
 Electoral College—cast votes on the first Monday after the
second Wednesday in December
The District Method

 Nebraska and Maine

– Each elector is elected in a particular district.
– Thus, the state can be split in regards to which
candidate had the most popular votes for each
district.

– Senators are elected by the aggregate.

Arguments against Electoral College
 Supporters of direct election argue that it would give everyone an
equally weighted vote, regardless of what state he or she lives in,
and oppose giving disproportionately amplified voting power to
voters in states with small populations. Under the current system,
the vote of an individual living in a state with three electoral votes
is proportionally more influential than the vote of an individual
living in a state with a large number of electoral votes.

 Essentially, the Electoral College ensures that candidates,

particularly in recent elections, pay attention to key 'swing-states'
(those states that are not firmly rooted in either the Republican or
Democratic party). It equally assures that voters in states that are
not believed to be competitive will be disregarded.
5. Clause Five—What are the qualifications for U.S. President?
 35 years old, 14 year resident, natural born citizen
 1st seven presidents were not natural born
 1st natural born was Martin Van Buren
 Youngest—Teddy Roosevelt=42
 Youngest elected—John Kennedy=43
 Oldest—Ronald Reagan=69

6. Clause Six - Changed by the 25th Amendment

 The amendment provides for involuntary removal of the
President from his power.
7. Clause Seven - Can the Congress decrease the President’s
salary midway through the term? (No)
 Can not increase or decrease during the term
 Can not receive any other salary from the federal
government during the term
 Pays taxes on the income
 2001 - Salary doubled to $400,000/ year

8. Clause Eight - The Presidential Oath

 Any judge can swear a president into office, most
common is the Chief Justice of the Supreme Court
 Calvin Coolidge—Sworn in by his father - a Justice of
the Peace
 LBJ—sworn in on Air Force One by a Dallas judge
Executive Branch
 President: $400,000; $50,000 expense account;
$100,000 nontaxable for travel; $19,000 official
entertainment account; free housing
 Retired president: $150,000 pension; plus $150,000
to maintain staff
 Former first lady: $20,000
 Vice president: $208,100; $10,000 expense
account; free housing
 Presidential Cabinet member (i.e. secretary of
defense, attorney general, etc.): $157,000
 Section Two
Powers of the President
1. Clause One—What are the Military Powers?
 President is the head of the military - Commander in
Chief
 President can grant pardons to criminals who have
committed federal crimes

2. Clause Two—Treaties and Appointments

 President needs approval by the U.S. Senate to
create certain and specific treaties and
appointments
3. Clause Three - What if an ambassador dies when the
Senate is in recess?
 The President can fill position by temporarily
appointing someone.
 Section Three
What are the Duties of the President?

State of the Union Address - The President explains the

condition of the country - usually in January
President can convene and adjourn Congress in the
event of a special circumstance
Main job is to see that the laws are faithfully executed
 Section Four--Impeachment

 President, Vice President, and all civil officers

can be impeached
 Can only be impeached for three things: treason,
bribery, or other high crimes and misdemeanors.
 Judges are civil officers that are the most often
convicted of impeachment
 Members of the Congress are expelled by their
own house, they do not go through the formal
impeachment process
 Article III—Judicial Branch
Section One—Federal Courts

1. Clause One - Who interprets the law?

 Judicial branch interprets the law (Courts)
 Legislative makes the law (Congress)
 Executive enforces the law (President)
 Judicial powers—the power to hear cases
 Federal Judges are appointed by the
President and approved by the Senate
Judicial Branch

Supreme Court chief justice: $208,100

 Supreme Court associate justices: $199,200
 Circuit judges: $171,800
 District judges: $162,100
Section Two—Jurisdiction of the
Federal Courts
1. Clause One—Jurisdiction
 Jurisdiction—power and right to apply
law
 Plaintiff—one who brings charges
 Defendant—one being charged
 Criminal case—when government is
plaintiff (California vs. O.J. Simpson)
 Civil case—between two or more
people (O. J. Simpson vs. Goldman
family)
2. Clause Two - How does a case reach the Supreme
Court?
 SC has two kinds of jurisdiction:
a. Original—a case is first heard by the SC
b. Appellate—cases that are appealed by a lower
court (Most cases come to the SC through
appellate jurisdiction)
 Thousands of cases are brought to the SC each
year
 About 75 are heard each year
 Writ of Certiorari—an order from a higher court
to a lower court to see the records and
proceedings of a previous case
Clause Three—Conduct of Trials
 Guarantees a trial by jury in federal courts
 Extradition—returning a fugitive to the state in which the
crime was committed
 Section Three--Treason
Clause One - What is treason?
 Only crime defined in the Constitution (helping a nation’s
enemies or carrying out war against your country)
 2 ways of being convicted:
1. Confession in court room
2. Having two witnesses testify against you

Clause Two - What is the penalty for treason?

 Treason can only happen during time of war
 Maximum penalty is death
 Espionage, Sabotage, conspiracy to overthrow the
government are all similar to treason but happen
during times of peace
 Article IV—Relations Among the
States
Section One—Official Acts

1. Clause One - I live in Minnesota do I have to follow the rules of

North Dakota? (Yes - full faith and credit)
 Each state shall respect legal action of another state
(marriage licenses, speed limits, fines, drivers license)
 Section Two—Privileges of
Citizens

1. Clause One - Can I buy a lake home in

Minnesota if I live in Illinois? (Yes)
 State cannot discriminate against you
because you are a citizen of another state
2. Clause Two—Extradition
 Bringing back a fugitive (interstate rendition)
 “shall”—tradition, custom, and the courts have
interpreted this to mean “may”
 Governors can refuse to return a fugitive
3. Clause Three—Fugitive slaves (nonexistent) - Changed by
amendment after the Civil War.
 “persons” refer to slaves
 If a slave escapes from a slave state to a free state, the
slave is not free
 Section Three—New States

1. Clause One - How does a state become admitted to the

Union?
 Only Congress can admit states

2. Clause Two -
 Congress will make all laws for all U.S. territories
 Section Four -
Guarantees of the State

 The federal government guarantees each state a republic

Republic—Representative democracy where we elect officials
to represent our concerns
The government will protect us from invasions
 Article VI—General Provisions
Section One - Could the new government evade debts owed as a
result of the Revolutionary War?
 New government can’t evade old debts

Section Two - Is the federal law the supreme law of the land?
 Yes - State law cannot override a federal law

Section Three—all officers, state and federal, must take an

oath to support the U.S. Constitution
 Can’t have a religious requirement as part of the Oath
 Article Seven--Ratification

Section One—
 Convention—calling of delegates from each state to

ratify the Constitution

 Must have nine states to approve the Constitution
 CLOSURE

Constitution was finished September 17, 1787

55 total delegates during the convention
42 were present on the final day but only
39 people signed the Constitution
The following two years provided debate for ratification
The United States Constitution took effect April 30 , 1789 when
George Washington was sworn in as President
 •The
The First
First 10
10
Amendments
Amendments to to the
the
Constitution
Constitution
•Guarantee
Guarantee
protection
protection of
of
individual
individual rights
rights
Bill of Rights

 Freedom of Speech, Press, Assembly and

Petition
 Bearing Arms
 Quartering Troops
 Searches and Seizures
 Criminal Proceedings, Due Process and
Eminent Domain
Bill of Rights

 Criminal Proceedings
 Civil Trials
 Punishment for Crimes
 Unremunerated Rights
 Powers Reserved to the States
Amendments

 Since 1789, 10,000 resolutions have called for

Amendments.
– Only 33 have been sent to the States and only 27
have been ratified by the states.

– Bill of Rights 1-10

Amendments (11-15)

 11. Immunity of States from certain suits, 1795

 12. Changes in Elec. College Procedure, 1804
 13. Prohibition of Slavery, 1865
 14. Citizenship, due process, and equal
protection, 1868
 15. No denial of vote due to race, color, or
previous condition of servitude, 1870
Amendments (16-22)
 16. Power of Congress to tax incomes, 1913
 17. Popular election of U.S. Senators, 1913
 18. Prohibition of alcoholic beverages, 1919
 19. Women’s Suffrage, 1920
 20. Presidential terms and sessions of
Congress, 1933
 21. Repeal of Prohibition (18th), 1933
 22. Limit on the number of President’s terms,
1951
Amendments (23-27

 23. District of Columbia electoral vote, 1961

 24. Prohibition of poll taxes as voter
qualification, 1965
 25. Presidential succession and disability,
1967.
 26. Voting age of 18, 1971
 27. Congressional Pay, 1992