UNDERSTANDING THE UNITED STATES CONSTITUTION - PowerPoint Presentation

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UNDERSTANDING THE UNITED STATES CONSTITUTION

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THE BASICS

The

United States

Constitution is the highest law in

our country.

All

of our

laws come from the Constitution.

It says how the government works.

Article 1 creates the Congress (Legislative Branch).

Article 2 creates the Presidency (Executive Branch).

Article 3 creates the Supreme Court (Judicial Branch).

Article 4 defines states’ powers, they must recognize each others laws.

Article 5 describes the amendment process.

Article 6 Federal laws are above all others.

Article 7 Ratification; how to approve it.

Each state also has a constitution, they are the highest laws for that state — but the United States Constitution is the highest law of the land.

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A “LIVING” DOCUMENT

The Constitution is a living document because it can be changed. It is changed by an amendment.

The first 10 amendments are called The Bill of Rights.

By

defining these rights in the Constitution, they are federally guaranteed to all.

There have been 27 amendments. Not all of them involve rights, but many do. Article 5 describes the amendment process; two-thirds or 66% of each house of Congress (House of Representatives & Senate) must approve, then ratified by three-fourths or 75% of the legislatures of the states.

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A SHORT HISTORY OF THE CONSTITUTION

The Constitution was written in 1787 by a group of men known as the Framers.

They

fiercely debated what should be in the Constitution of our brand new country.

The Articles of Confederation did not work very well.

Shays’ Rebellion showed the Framers the need to find a new way to run the country.Delegates of The Constitutional Convention met in Philadelphia, they included: James Madison, Benjamin Franklin, & George Washington.Anti-federalists insisted on a Bill of Rights which became the first 10 amendments to the original Constitution.

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A SHORT HISTORY OF THE CONSTITUTION (cont.)

In 1787, there were only 13 states

.

All

states,

except Rhode Island, sent delegates to the convention. Each state had its own ideas for the new government. There was the New Jersey Plan, The Virginia Plan, The Great Compromise, The 3/5ths Compromise, many opinions and issues had to be accommodated to unite the States. The key to becoming united was compromise!

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THE PREAMBLEThe Preamble to the Constitution has no force in law; instead, it establishes the "Why" of the Constitution, explaining why this document exists.

It reflects the desires of the Framers to improve on the government they currently had (to be "more perfect" than the Articles of Confederation), to ensure that our government would be just, and would protect its citizens from internal strife and from attack from the outside.

It would be of benefit to the people, rather than to their detriment. And, perhaps more importantly, it intended to do the same for the future generations of

Americans.

Unit III – The Constitution – Understanding

The United States Constitution – Slide 06

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Unit III – The Constitution – Understanding

The United States Constitution – Slide 07

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AMENDMENTS

When the Constitution was written, the Framers knew their creation was not perfect.

They

knew that other people would have good ideas for the

Constitution and

wanted to be sure that it wasn't too hard to make changes or, for that matter, too easy.The Framers created an amendment process. An amendment to the Constitution is a change that can add to the Constitution or change an older part of it.

Unit III – The Constitution – Understanding

The United States Constitution – Slide 08

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The original Constitution had no bill of rights. Many of the Framers did not think it was needed (Federalists),

others

disagreed (Anti-federalists), so

promises were made to add

one

using the amendment process. Soon, the new government started meeting. Congress proposed The Bill of Rights. A list of twelve changes was sent to the states. In 1791, ten of those changes were agreed to by the states. The ten changes were added to the Constitution. These first ten amendments are known as ”The Bill

of Rights."

Unit III – The Constitution – Understanding

The United States Constitution – Slide 09

AMENDMENTS (cont.)

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THE BILL OF RIGHTSThe Bill of Rights identifies 10 specific freedoms. The First Amendment deals with…

Unit III – The Constitution – Understanding

The United States Constitution – Slide 10

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HOW THE CONSTITUTION WORKS

Unit III – The Constitution – Understanding

The United States Constitution – Slide 11

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THE LEGISLATIVE BRANCHThe Legislature, called Congress, makes laws. It is bicameral or

composed of

two parts.

The

upper house is the Senate,

& the lower house is the House of Representatives. In the Senate all states are equally represented (2 senators per state) in the House of Representatives, states are represented proportionally based upon their population.

Unit III – The Constitution – Understanding

The United States Constitution – Slide 12

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THE SENATEThe are two Senators from each state. Since we have 50 states there are 100 Senators. The people elect Senators in public elections. Senators must…

Be 30 years old

Be a US citizen for 9 years

Be a citizen of the state they represent

Serve a 6 year term

Unit III – The Constitution – Understanding The United States Constitution – Slide 13

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THE HOUSE OF REPRESENTATIVES

Representatives are from a district within a state

and

represent the people in that district.

The people

have the right to tell them how they feel about issues. Currently there are 435 Representatives. Their number is based on population. Both states & territories ( i.e. Puerto Rico, Guam, & American Samoa) are represented. Michigan currently has 14 representatives in the House of Representatives.

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THE UNITED STATES CAPITAL BUILDING

Unit III – The Constitution – Understanding

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THE LEGISLATIVE BRANCHWhen the Congress wants to pass a law, both the House and the Senate must agree to the exact same law.

If

they cannot agree, then the law cannot pass.

A proposed law is called a bill and is given a number.

Either

house can propose a bill but both must agree on it. Senate Bill 98703 and House Bill 98758 might be two versions of the same bill. Unit III – The Constitution – Understanding

The United States Constitution – Slide 16

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THE EXECUTIVE BRANCHThe role of the

Executive Branch

is mainly to make sure the law is carried

out & includes all forms of law enforcement. The

President heads the executive which includes his cabinet

.Under the president are all cabinet members and department heads (called Secretaries) who report directly to the president. The cabinet includes the vice president and 15 departments, plus the attorney general. The Secretaries of all the departments report to the Executive such as: Homeland Security, Education, EPA, Defense, Agriculture, Energy, Justice, Labor, Transportation, & others.The Directors of the FBI and the CIA report to the president, but they are not a part of the president’s cabinet

.

Unit III – The Constitution – Understanding

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THE EXECUTIVE BRANCH

Unit III – The Constitution – Understanding

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THE WHITE HOUSE

The White House is the

official residence & office of The President. Cabinet

members & the VP work there too.

Unit III – The Constitution – Understanding

The United States Constitution – Slide 19

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THE JUDICIAL BRANCH

The third branch is the

Judiciary. Its

role is to interpret the law. The federal court system is headed up by the Supreme Court because it is the highest court in the land.

Supreme

Court Judges are nominated by the President and approved by the Senate. They serve for life but can choose to retire at any age. States have their own court systems including their own Supreme Courts which have final say on state laws, except for the federal courts and of course The Supreme Court. Unit III – The Constitution – Understanding

The United States Constitution – Slide 20

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THE UNITED STATES SUPREME COURT

Unit III – The Constitution – Understanding

The United States Constitution – Slide 21

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THE SUPREME COURT JUSTICES - 2015

The Courts term begins the first Monday of October and ends the first Monday of October of the following year.

They

observe holidays and take vacation during recesses.

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JUDICIAL REVIEWIt is the ability of a court to examine & decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately The United States Constitution.

While The Constitution does not explicitly define a power of judicial review, the authority for judicial review has been inferred from the structure, provisions, and history of The Constitution.

Judges

examine a law or government activity and decide if it violates the constitution. Established 1803,

Marbury

v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review to strike down a law as unconstitutional.