Parts of the Constitution

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Parts of the
Constitution
Preamble and Article I: The
Legislative Branch
Parts of the Constitution
 _____________: explains why the new American
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government was formed
Articles: ______ total, ________ is the longest, establishing
the Congress, senate and House of Representatives
Each covers a different topic, first three
___________________________________________________
___________Articles 4 and 6 define relationship
between national and state governments and
establish the supremacy of federal law
Article __ describes the amendment process
Article __outlines how the Constitution would be ratified
between 1788-1789
Parts of the Constitution
 Last section is the Bill of Rights and the rest of the
amendments to clarify and reinforce the principles of
the Constitution
 ____________________Amendments expand popular
sovereignty to include blacks, women, residents of the
District of Columbia and 18 to 21 year olds
 Other amendments abolish slavery (____), allowed income
tax (16th), reinforce principle of limited government
(____), clarify the procedures for presidential elections and
succession (12th, 20th, and 25th), 18th and 21st establishes
and then repeals the prohibition of alcohol
Checks and Balances: Congress
POWER
CHECK ON POWER
 _______ bills into law
 Can pass laws over the
 President can ____bills
president’s veto if two
thirds of the Congress
approve the law
 ______________________
of federal court judges
 The Supreme Court can
rule that a law is
____________________
Checks and Balances: President
POWER
CHECK ON POWER
 Can approve or veto laws
 Congress can pass laws over
 _______ out the laws
a president’s veto by a
_________________
 Congress can __________
and remove the president
for high crimes or for
misdemeanors
 Senate __________ the
president’s appointments to
the federal courts
 _________ federal court
judges
Checks and Balances: Supreme Court
POWER
CHECK ON POWER
 _________ the meaning of
 Congress (or the states)
laws
 Can rule that laws passed
by Congress and actions
taken by the executive
branch are
______________________
can _________ an
amendment to the
Constitution if the
Supreme Court rules that a
law is unconstitutional
 Senate can refuse to
approve the appointments
to the federal courts
 Congress can
____________________a
federal judge from office
Amendments to the Constitution
 ______________are the first 10 amendments or changes
 There are ___amendments
 All changes require
__________________________________________________
 Constitution can be amended informally in how it is
interpreted
 Supreme Court determines whether a law is constitutional
or unconstitutional
 Supreme Court interpretation in racial segregation is an
example of changed interpretation. Brown v. Board of
Education in 1954 declared racial segregation
unconstitutional
Preamble
“WE THE PEOPLE of the United states, in
Order to form a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
Defense, promote the general Welfare and
secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish
this CONSTITUTION for the United States
of America.”
Modern Translation
“We the people of the United States so we
can make a country, get along fairly, stay
safe, defend ourselves, take care of each
other and make sure we and our children
stay free-join together to write the highest,
most supreme law of the United States in
this Constitution.” (Travis, 2006)
Preamble
 Introduction
 Outlines goals
 Create a just government
 Insure peace
 Adequate national defense
 Healthy, free nation
 “We the People”
 Emphasis a nation ruled by the people
Preamble
 Supreme Court case 1903, Jackson v. Massachusetts
ruled Preamble is not a source of federal power or
individual rights
 Rights and powers are set in the articles of the
Constitution and the amendments
Articles of the U. S.
Constitution
 7 Articles
 First 3 establish branches of
government
 Last 4 explain relationship between
federal government and the states
 How Constitution can be amended
 National government is the supreme
law
 How Constitution was to be ratified by
the states
Washington DC
 In 1790, capitol relocated to the city of Washington on the
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Potomac that divides Maryland and Virginia
Both states donated land to create the District of Columbia
It is governed by an elected mayor and city council, but
Congress has the power to veto its budget and legislation
1961, 23rd Amendment gave Washington DC residents right
to vote in presidential elections and given three electoral
votes
Since 1970, Washington DC have been represented by a
nonvoting member of the House of Representatives
Capitol Building is where the Congress meets when it is in
session
Organization
 Three Congressional Officers are provided by
the Constitution:
 _____________________
 _______________as President of the Senate
(who can be the tie breaker)
 _________________, who acts in the Vice
President’s absence
 Each party have caucuses to choose their leaders
 Political party with the most member in each
house is the majority party, the one with fewer
member is the minority party
Committees
 Over 11,000 bills are considered each session
 There are 4 basic types of committees: standing, select,
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joint and conference
19 standing committees in the House, 17 in the Senate
__________________are permanent formed to be
responsible for certain areas and all bills go through
committees
______________are temporary to deal with issues not
handled by standing committees, such as government
scandals
Joint Committees are composed of Senators and
representatives
Conference Committee: When different version of the
same bill is passed by the Senate and the House,
temporarily formed to put the two together
Article I
 ____________: Viewed at time to be most
important role in government
 Longest article
 Congress described
 Congress granted power to make laws
 Two houses: U. S. House of
Representatives and Senate
Article 1
 Separation of powers
 Each branch has the power to check the other two
branches
 Lawmaking powers cannot be given to another branch
of government
Article I
 Discussed how each house will
conduct business
 10 sections to Article
 Section 1: Powers of Congress
(enumerated powers)
 Any power not specified to the federal
government in the Constitution
belongs to the states
 Section 1 Congress to be bicameral-Great Compromise
Article I  Section 2: House of Representatives
 Qualifications, composition, vacancies
 Speaker and other officers, and
Impeachment
 Only ________________can impeach
 House operating rules
 Describes how Congressional districts
are to be divided
Article I, Section 4
 Section 4: Congressional Elections
 Constitution only requires meeting once a year
 Amendment XX requires the first meeting at noon
on January 3
 State legislatures determine election schedule
 Congress can regulate against false registration,
bribery, false returns
Article I, Section 8
 Section 8: Powers of Congress
 Lists ___ powers held by Congress
 Powers such as: Set and collect taxes,
tariffs, borrow money, spend money,
 Borrows money by issuing bonds,
which creates national debt
 Congress under Commerce Clause
regulates trade among states
 Congress coin money, establish post
offices, declare war, etc
Section 8 Congress can create army and navy and
lower federal courts
 Congress determine naturalization,
citizenship
 18th is broader: Necessary and Proper
Clause
 Need for Congress to conduct a duty and
requirement which may not be listed
specifically in the Constitution
Article I, Section 9
 Limit on power of Congress,
 Writ of habeas corpus or the Great Writ:
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“having the body.”
Writ of habeas corpus can be suspended
during rebellion, invasion, but it does not
state who can suspend it
Abraham Lincoln did during the Civil War
No Bill of Attainder or ex post facto law
No title of nobility
Congress can set a federal income tax,
Amendment XVI
Congress must account for federal spending
Section 10
 No state can make a treaty or alliance
 States cannot coin money, make anything
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but gold and silver coin to pay debts
States cannot pass any Bill of Attainder, ex
post facto law or grant a Title of Nobility
States cannot try individuals without a trial
States cannot levy duties on exports or
imports without consent of Congress
States cannot build an army or warships in
times of peace
States cannot conduct a war alone
Congress
 Oversees the process of writing and passing laws
 Impeachment: Congress has the power to remove
members of the executive and judicial branches.
Must start in House
 ___________________: House votes by a 2/3
margin to impeach, then Senate must try the
impeachment and if convicted, official is removed
 There have been 7 federal judges impeached
 ______________, Andrew Johnson and Bill Clinton
have been impeached, but not convicted or
removed
 ________________resigned as impeachment
proceedings were beginning
Congress
 Congress give _________________ by the
Constitution such as taxation, borrowing,
commerce, currency, bankruptcy, copyrights and
war
 ______________(not specifically listed)are based
on the Necessary and Proper Clause or the
Elastic Clause
 Necessary and Proper Clause” or the Elastic
Clause: source of many implied powers, gives
Congress flexibility to carry out duties
Expressed vs Implied Powers
 1819 _________________: Chief Justice
Marshall: concerning Congress power to
establish a national bank “We must never forget
that it is a constitution we are expounding.”
Congressional Powers
 Most of power lies with _____________
 Sets up finances for departments in government
House of Representatives “__________________”
 Regulates trade and commerce
 Ratifies international treaties
 Raising and supporting the Armed Forces
 Declare war
 Pass budget
 Taxes
Powers
of
Congress
 Some powers belong only to one house
 ___________________ chooses president when no
candidate receives the number of votes needed to
win
 _________________: Either house can introduce
bills
 Joint resolutions
 Concurrent resolutions
Limitations of Power
 Hearings on issues and can issue subpoenas to
people for hearings
 Members can be expelled from Congress or can be
censured or officially reprimanded
 _______________decides when Congress has
reached beyond powers in Constitution
 Supreme Court rules on
_____________________________________
 ____________declares that states shall keep all the
powers not specifically grant to the national
government such as elections, education and
marriage
Constitution Prohibits Congress
 Passing ____________Laws: applies to an action
that took place before the law was passed
 Passing _________________: a law that sentences
a person to jail without a trial
 Suspending the ______________: a person
accused of a crime has this right. Writ is a court
order requiring the accused be brought to court to
determine if there is enough evidence to hold the
person for trial.
 ________________: goods that are sent to other
countries
Congressional Power Limitations
 Passing Laws ___________ the Bill of Rights
 __________ Trade of a State
 Granting Titles of __________
 _________________________telling how the money
shall be spent and the exact amount before public
funds are available
Benefits
 Salary for both houses of Congress _________
 Amendment __in 1992 states that no congressional
pay increase can take effect until after the next
congressional election
 All have offices in the Capitol Building and have
allowances for staff
 Receive free trips to home states and franking
privilege, the tight to mail official letters free of
charge
 Cannot be arrested when they are in Congress
unless it is a serious crime and cannot be sued for
anything they say while speaking in Congress
Outside Influences
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_______________: practice to influence legislation.
Request votes for or against legislation
Guaranteed by First Amendment: _______________
Operates on local, state and national levels
Professional lobbyists must be registered and file
semiannual reports on issues they work on or any
foreign interests
 PACs ____________________who raise money for
candidates
House of Representatives
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Lower chamber of the legislature
Formed to be close to people and responsive to their needs
Represent many fewer people than senators
Run for reelection every two years
Must be 25 years old
Each state has a minimum of 1 representative
Number of representatives based on population of state
Must be U.S. citizen for at least 7 years and live in the state they represent
Proposes laws that require people to pay taxes
Decides whether a government official accused of wrong doing can be tied by
the Senate
House of Representatives
 Originally each state elected one representative for every 30,000
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people living in the state
1929, Congress limited the size of the House to 435 members
Every 10 years after a Census, Congress determines how the 435
seats in the House are to be apportioned or distributed
Congressional District is the area the representative is elected
State legislatures are responsible for dividing the state into as
many congressional districts as it has members in the House.
If a representative dies or resigns before 2 years, the governor of
the representative’s home state must call a special election to fill
the vacancy.
House of Representatives
Leadership
 Speaker of the House: is
the most powerful officer
in the House and third in
line of presidential
succession
 Speaker decided upon by
the House at the beginning
of each congressional term
 Pay for the Speaker is
$171,500
 Speaker is always a
member of the majority
party
John Boenner, OH,
Speaker of the House
Speaker of the House
 Presiding officer of the
House
 Recognizes speakers,
controls floor debates
 Determines committee
assignments for
members
 Assigns bills to
committees
 3rd in line for
presidential succession
House Majority, Minority Leaders and
Whips
 House Democrats and Republicans choose a floor leader
and party whip
 Floor Leader guides the party’s proposed laws through
Congress
 Floor Leader of the majority party is the _________, Floor
Leader of the minority party is the ___________________
 Floor leaders are elected in party caucuses
 Each leader is assisted by a Party Whip, who tries to
persuade member to a certain vote.
Majority Leader
 Aids the Speaker
of the House in
making
committee
appointments and
referring bills
 Schedules floor
action
 Formulates House
agenda
 Ensures proper
party behavior
Eric Cantor, VA, Majority Leader
Majority Whip
 Enforce the party line
 Line up votes for
legislation
Kevin McCarthy, CA
Democratic Leadership in House
Minority Leader
 Heads opposition party
 Consults with majority
leader
 Forms reaction to
majority party agenda
 Keeps party members in
line
Nancy Pelosie, CA
Minority Whip
 Enforces party line
 Line up votes for
legislation
Roy Blunt, MO, Minority
Whip
Kentucky 4th District Representative, Geoff
Davis
Senate
 Upper chamber of the
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legislature
Must be 30 years old
U.S. citizen for at least 9
years and a legal resident
of the state he or she
represents
6 year term
1/3 of Senate elected every
2 years
Senate
 Vice President serves as President of the Senate
 Vice President only votes if there is a tie
 President Pro Tempore “President for the Time
Being” elected by the members of the Senate,
usually the longest-serving member of the
majority party
 Most powerful officers of the Senate are the
majority leader and the minority leader and they
are elected in the party caucuses
Leaders of the Senate
 Serves as president of the
Senate
 Votes only in cases of a
tie
 The least and most
important position in
the Senate
 Largely ceremonial role
Vice President Joseph
Biden, President of the
Senate
President Pro Tempore
 Leads the Senate while
the vice president is
absent (often the case)
 Selected by majority
party; usually a senior
member of the party
Daniel Inoute, HI
Leaders of the Senate
 True power in the Senate
 Heads the majority party
 Elected by members of
the majority party
 Most visible member of
the Senate
 Formulates Senate
agenda
Harry Reid, NV,
Majority Leader
Democratic Whip
 Coordinates part support
for legislation
Richard Durbin, IL,
Democratic Whip
Minority Leaders in the Senate
 Heads minority party in
the Senate
 Formulates Senate
agenda
Mitch McConnell, KY,
Minority Leader
Leaders of the Senate
 Coordinates party
support for legislation
Jon Kyl, AZ, Republican
Whip
Senate Has 4 Special Powers
 All _______________must be held in the Senate
 If no candidate for vice president receives enough
votes, __________chooses vice president
 All treaties, or written agreements, with foreign
nations must be approved by _______________
 Certain high officials appointed by the president
_________________in the Senate by a majority
vote
 __Standing Committees
Filibuster and Cloture
 ______________: Single Senator wishing to block a
vote on legislation can hold the floor indefinitely
bringing all work to a halt---Takes __ Senators to stop a
filibuster.
 3/5 vote for ____________ (a call to close the issue) by
the entire membership of the Senate is the only way to
halt a filibuster
Congressional Sessions
 Every _____years, Congress meets as a new body and is
identified by a number
 The first one met in 1789, the present one is the 112th
Congress
 Each term of Congress has two regular sessions, first
begins January 3 in the odd numbered year following
the congressional elections, second begins January 3 of
the following year
How a Bill Becomes A Law
House
Introduction
Committee
Subcommittee
Committee Hearing
Rules Committee
House Floor
Introduction
Committee
Subcommittee
Committee Hearing
Senate Floor
How a Bill Becomes a Law
Conference
Committee
Both Houses
House
Senate
President
How a Bill Becomes a Law
President
Approves
Vetos
House and
Senate
Floors
President
How a Bill Becomes a Law
 Conference Committee of delegates from both
committees and a compromise bill is reported and voted on
by House and Senate. If adopted, it is sent to
 President and he/she will sign the bill, passing it into law
or veto the bill, which can be overridden by 2/3 vote of each
chamber of Congress
 “_______________” is when President refuses to act within
10 days. If Congress is in session during this 10 day period,
the bill becomes law without the president’s signature. If
Congress is not in session, the bill does not become law
and is killed by the pocket veto
U. S. Capitol Building 1846
and today
The first temple dedicated to
The sovereignty of the people
-------Thomas Jefferson
References of Photos
 Wikipedia.com
 Microsoft clip art
 Senate.gov
 house.gov
 LOC.gov
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