Parts of the Constitution Preamble and Article I: The Legislative Branch Parts of the Constitution _____________: explains why the new American 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 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, 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: “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 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 _______________: 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 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 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 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