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The Constitution

The Constitution. Document as Written. Constitution. Question. What do we take for granted that is NOT there?. Constitution: Preamble.

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The Constitution

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  1. The Constitution Document as Written

  2. Constitution

  3. Question • What do we take for granted that is NOT there?

  4. Constitution: 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.

  5. The Stile of this Confederacy shall be "The United States of America". Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. 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. Articles vs Constitution

  6. House Term two years Minimum age 25 Citizen for 7 years Live in state Number depends on population Census every 10 years Power to impeach Senate 2 per state Term 6 years – 1/3 elected every two years Elected by state legislatures Minimum age 30 Citizen for 9 years Live in state Try impeachments Legislature: Two Houses

  7. Article I: Powers Congress – A • 1. To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States: • 2. To borrow money on the credit of the United States: • 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes:

  8. Article I: Powers Congress - B • 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water: • 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years: • 13. To provide and maintain a navy:

  9. Elastic Clause • 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

  10. Alexander Hamilton

  11. Executive • 4 year term • No term limits • Chosen by electoral college • “Natural born citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution” • Minimum age 35 • Resident 14 years

  12. WashingtonTaking Office

  13. Electoral College • Each state appoints number equal to its senators and representatives. • Electors meet in their state and cast ballot for two persons (one can not be an inhabitant of the state). • President of Senate open the ballots and counts them. • Most votes, if a majority, president and second most vice-president. • If tie House select which president – voting by states (each state one vote). • If no majority House select from top 5 – voting by states (each state one vote).

  14. Election of 1800:Jefferson and Burr tied.

  15. Article III: Judicial Section • The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.

  16. Supreme Court: First Home in New York City

  17. Checks and Balances • Laws passed by Congress and signed by president • Presidential veto • Congressional over ride of a veto • President nominates, Congress affirms appointments • Judicial review

  18. Powers of the States Limited • States Can Not • Sign a treaty • Coin money • Pass laws “impairing the obligation of contracts” • Impose import or export taxes • “lay any duty of tonnage”

  19. Rights • No Bill of Attainder or ex post facto law. • “No attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.” • Trial of all crimes by jury.

  20. “No titles of Nobility”

  21. Amendments & Ratification • Amendments • 2/3 both houses propose or 2/3 legislatures call for a convention • ¾ all states ratify • Ratification • 9 out of 13 states and will go into effect

  22. But can NOT change • Slave trade until 1808 • Equal representation in the Senate • “No State, without its Consent, shall be deprived of it’s equal Suffrage in the Senate.”

  23. Ratification

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