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United States Constitution

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Title: United States Constitution


1
United States Constitution
  • On September 17, 1787, the United States
    Constitution was signed by thirty-nine brave men
    who changed the course of history.
  • Now Constitution Day is a time for us to continue
    their legacy and develop habits of citizenship in
    a new generation of Americans

2
The 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.
  • School House Rock

3
We the People of the United States
  • The Framers were an elite group among the best
    and brightest America had to offer at the time.
    But they knew that they were trying to forge a
    nation made up not of an elite, but of the common
    man. Without the approval of the common man, they
    feared revolution. This first part of the
    Preamble speaks to the common man. It puts into
    writing, as clear as day, the notion that the
    people were creating this Constitution. It was
    not handed down by a god or by a king it was
    created by the people.

4
in Order to form a more perfect Union
  • The Framers were dissatisfied with the United
    States under the Articles of Confederation, but
    they felt that what they had was the best they
    could have, up to now. They were striving for
    something better. The Articles of Confederation
    had been a grand experiment that had worked well
    up to a point, but now, less than ten years into
    that experiment, cracks were showing. The new
    United States, under this new Constitution, would
    be more perfect. Not perfect, but more perfect.

5
establish Justice
  • Injustice, unfairness of laws and in trade, was
    of great concern to the people of 1787. People
    looked forward to a nation with a level playing
    field, where courts were established with
    uniformity and where trade within and outside the
    borders of the country would be fair and
    unmolested. Today, we enjoy a system of justice
    that is one of the fairest in the world. It has
    not always been so only through great struggle
    can we now say that every citizen has the
    opportunity for a fair trial and for equal
    treatment, and even today there still exists
    discrimination. But we still strive for the
    justice that the Framers wrote about.

6
insure domestic Tranquility
  • One of the events that caused the Convention to
    be held was the revolt of Massachusetts farmers
    known as Shays' Rebellion. The taking up of arms
    by war veterans revolting against the state
    government was a shock to the system. The keeping
    of the peace was on everyone's mind, and the
    maintenance of tranquility at home was a prime
    concern. The framers hoped that the new powers
    given the federal government would prevent any
    such rebellions in the future.

7
provide for the common defense
  • The new nation was fearful of attack from all
    sides and no one state was really capable of
    fending off an attack from land or sea by itself.
    With a wary eye on Britain and Spain, and
    ever-watchful for Indian attack, no one of the
    United States could go it alone. They needed each
    other to survive in the harsh world of
    international politics of the 18th century.

8
promote the general Welfare
  • This, and the next part of the Preamble, are the
    culmination of everything that came before it
    the whole point of having tranquility, justice,
    and defense was to promote the general welfare
    to allow every state and every citizen of those
    states to benefit from what the government could
    provide. The framers looked forward to the
    expansion of land holdings, industry, and
    investment, and they knew that a strong national
    government would be the beginning of that.

9
and secure the Blessings of Liberty to ourselves
and our Posterity
  • Hand in hand with the general welfare, the
    framers looked forward to the blessings of
    liberty something they had all fought hard for
    just a decade before. They were very concerned
    that they were creating a nation that would
    resemble something of a paradise for liberty, as
    opposed to the tyranny of a monarchy, where
    citizens could look forward to being free as
    opposed to looking out for the interests of a
    king. And more than for themselves, they wanted
    to be sure that the future generations of
    Americans would enjoy the same.

10
do ordain and establish this Constitution for
the United States of America
  • The final clause of the Preamble is almost
    anti-climactic, but it is important for a few
    reasons it finishes the "We, the people"
    thought, saying what we the people are actually
    doing it gives us a name for this document, and
    it restates the name of the nation adopting the
    Constitution. That the Constitution is "ordained"
    reminds us of the higher power involved here
    not just of a single person or of a king, but of
    the people themselves. That it is "established"
    reminds us that it replaces that which came
    before the United States under the Articles (a
    point lost on us today, but quite relevant at the
    time).

11
Article I
  • The Legislative Branch

12
Article I establishes the first of the three
branches of the government, the Legislature.
  • Section 1 establishes the name of the Legislature
    to be The Congress, a bicameral, or two-part,
    body.
  • Section 2 defines the House of Representatives,
    known as the lower house of Congress. It
    establishes a few minimum requirements, like a
    25-year-old age limit, and establishes that the
    people themselves will elect the members for two
    years each. The members of the House are divided
    among the states proportionally, or according to
    size, giving more populous states more
    representatives in the House. The leader of the
    House is the Speaker of the House, chosen by the
    members.

13
  • Section 3 defines the upper house of Congress,
    the Senate. Again, it establishes some minimum
    requirements, such as a 30-year-old age limit.
    Senators were originally appointed by the
    legislatures of the individual states, though
    this later changed. They serve for six years
    each. Each state has equal suffrage in the
    Senate, meaning that each state has the exact
    same number of Senators, two each, regardless of
    the population. This Section introduces the
    Vice-President, who is the leader of the Senate
    (called the President of the Senate) the
    Vice-President does not vote unless there is a
    tie.

14
  • Section 4 says that each state may establish its
    own methods for electing members of the Congress,
    and mandates, or requires, that Congress must
    meet at least once per year.
  • Section 5 says that Congress must have a minimum
    number of members present in order to meet, and
    that it may set fines for members who do not show
    up. It says that members may be expelled, that
    each house must keep a journal to record
    proceedings and votes, and that neither house can
    adjourn without the permission of the other.

15
  • Section 6 establishes that members of Congress
    will be paid, that they cannot be detained while
    traveling to and from Congress, that they cannot
    hold any other office in the government while in
    the Congress.
  • Section 7 details how bills become law. First,
    any bill for raising money (such as by taxes or
    fees) must start out in the House. All bills must
    pass both houses of Congress in the exact same
    form. Bills that pass both houses are sent to the
    President. He can either sign the bill, in which
    case it becomes law, or he can veto it. In the
    case of a veto, the bill is sent back to
    Congress, and if both houses pass it by a
    two-thirds majority, the bill becomes law over
    the President's veto. This is known as overriding
    a veto.

16
  • Section 8 lists specific powers of Congress,
    including the power to establish and maintain an
    army and navy, to establish post offices, to
    create courts, to regulate commerce between the
    states, to declare war, and to raise money. It
    also includes a clause known as the Elastic
    Clause which allows it to pass any law necessary
    for the carrying out of the previously listed
    powers.
  • Section 9 places certain limits on Congress.
    Certain legal items, such as suspension of habeas
    corpus, bills of attainder, and ex post facto
    laws are prohibited. No law can give preference
    to one state over another no money can be taken
    from the treasury except by duly passed law, and
    no title of nobility, such as Prince or Marquis,
    will ever be established by the government.
  • Section 10, finally, prohibits the states from
    several things. They cannot make their own money,
    or declare war, or do most of the other things
    prohibited Congress in Section 9. They cannot tax
    goods from other states, nor can they have navies.

17
Article II
  • The Executive Branch

18
Article II establishes the second of the three
branches of government, the Executive.
  • Section 1 establishes the office of the President
    and the Vice-President, and sets their terms to
    be four years. Presidents are elected by the
    Electoral College, whereby each state has one
    vote for each member of Congress. Originally, the
    President was the person with the most votes and
    the Vice-President was the person with the second
    most, though this is later changed. Certain
    minimum requirements are established again, such
    as a 35-year minimum age. Presidents must also be
    a natural-born citizen of the United States. The
    President is to be paid a salary, which cannot
    change, up or down, as long as he in is office.
  • Section 2 gives the President some important
    powers. He is commander-in-chief of the armed
    forces and of the militia (National Guard) of all
    the states he has a Cabinet to aid him, and can
    pardon criminals. He makes treaties with other
    nations, and picks many of the judges and other
    members of the government (all with the approval
    of the Senate).

19
  • Section 3 establishes the duties of the
    President to give a state of the union address,
    to make suggestions to Congress, to act as head
    of state by receiving ambassadors and other heads
    of state, and to be sure the laws of the United
    States are carried out.
  • Section 4 briefly discusses the removal of the
    President, called impeachment.

20
Article III
  • The Judicial Branch

21
Article III establishes the last of the three
branches of government, the Judiciary.
  • Section 1 establishes the Supreme Court, the
    highest court in the United States. It also sets
    the terms of judges, of both the Supreme Court
    and lower courts that they serve as long as they
    are on "good behavior," which usually means for
    life (no Justice and only a few judges have ever
    been impeached). It also requires that judges
    shall be paid.
  • Section 2 sets the kinds of cases that may be
    heard by the federal judiciary, which cases the
    Supreme Court may hear first (called original
    jurisdiction), and that all other cases heard by
    the Supreme Court are by appeal. It also
    guarantees trial by jury in criminal court.
  • Section 3 defines, without any question, what the
    crime of treason is.

22
Article IV
  • Full Faith and Credit

23
Article IV concerns the states.
  • Section 1 mandates that all states will honor the
    laws of all other states this ensures, for
    example, that a couple married in Florida is also
    considered married by Arizona, or that someone
    convicted of a crime in Virginia is considered
    guilty by Wyoming.
  • Section 2 guarantees that citizens of one state
    be treated equally and fairly like all citizens
    of another. It also says that if a person accused
    of a crime in one state flees to another, they
    will be returned to the state they fled from.
    This section also has a clause dealing with
    fugitive slaves that no longer applies.
  • Section 3 concerns the admittance of new states
    and the control of federal lands.
  • Section 4 ensures a republican form of government
    (which, in this case, is synonymous with
    "representative democracy," and both of which are
    opposed to a monarchical or aristocratic scheme -
    the state derives its power from the people, not
    from a king or gentry) and guarantees that the
    federal government will protect the states
    against invasion and insurrection.

24
Article V
  • Amendments

25
Article V details the method of amending, or
changing, the Constitution. There are essentially
two ways spelled out in the Constitution for how
to propose an amendment. One has never been used.
  • The first method is for a bill to pass both
    houses of the legislature, by a two-thirds
    majority in each. Once the bill has passed both
    houses, it goes on to the states. This is the
    route taken by all current amendments. Because of
    some long outstanding amendments, such as the
    27th, Congress will normally put a time limit
    (typically seven years) for the bill to be
    approved as an amendment (for example, see the
    21st and 22nd).
  • The second method prescribed is for a
    Constitutional Convention to be called by
    two-thirds of the legislatures of the States, and
    for that Convention to propose one or more
    amendments. These amendments are then sent to the
    states to be approved by three-fourths of the
    legislatures or conventions. This route has never
    been taken, and there is discussion in political
    science circles about just how such a convention
    would be convened, and what kind of changes it
    would bring about.

26
  • Regardless of which of the two proposal routes is
    taken, the amendment must be ratified, or
    approved, by three-fourths of states. There are
    two ways to do this, too. The text of the
    amendment may specify whether the bill must be
    passed by the state legislatures or by a state
    convention. See the Ratification Convention Page
    for a discussion of the make up of a convention.
    Amendments are sent to the legislatures of the
    states by default. Only one amendment, the 21st,
    specified a convention. In any case, passage by
    the legislature or convention is by simple
    majority.
  • The Constitution, then, spells out four paths for
    an amendment
  • Proposal by convention of states, ratification by
    state conventions (never used)
  • Proposal by convention of states, ratification by
    state legislatures (never used)
  • Proposal by Congress, ratification by state
    conventions (used once)
  • Proposal by Congress, ratification by state
    legislatures (used all other times)
  • It is interesting to note that at no point does
    the President have a role in the formal amendment
    process (though he would be free to make his
    opinion known). He cannot veto an amendment
    proposal, nor a ratification. This point is clear
    in Article 5, and was reaffirmed by the Supreme
    Court in Hollingsworth v Virginia (3 US 378
    1798)
  • The negative of the President applies only to the
    ordinary cases of legislation He has nothing to
    do with the proposition, or adoption, of
    amendments to the Constitution.

27
Article VI
  • The Supreme Law of the Land

28
Article VI concerns the United States itself.
  • First, it guarantees that the United States under
    the Constitution would assume all debts and
    contracts entered into by the United States under
    the Articles of Confederation. It sets the
    Constitution and all laws and treaties of the
    United States to be the supreme law of the
    country.
  • Finally, it requires all officers of the United
    States and of the states to swear an oath of
    allegiance to the United States and the
    Constitution when taking office.

29
Article VII
  • Ratification

30
Article VII details the method for ratification,
or acceptance, of the Constitution.
  • The following is a list of the thirty-nine
    delegates who signed the United States
    Constitution.

31
  • Connecticut
  • William S. Johnson
  • Roger Sherman
  • Delaware
  • Richard Bassett
  • Gunning Bedford Jr.
  • Jacob Broom
  • John Dickinson
  • George Read
  • Georgia
  • Abraham Baldwin
  • William Few
  • Maryland
  • Daniel Carroll
  • Daniel Jenifer of St. Thomas
  • James McHenry
  • Massachusetts
  • Nathaniel Gorham
  • Rufus King

32
  • New Hampshire
  • Nicholas Gilman
  • John Langdon
  • New Jersey
  • David Brearly
  • Johnathan Dayton
  • William Livingston
  • William Patterson
  • New York
  • Alexander Hamilton
  • North Carolina
  • Willian Blount
  • Richard D. Spaight
  • Hugh Williamson

33
  • Pennsylvania
  • George Clymer
  • Thomas Fitzsimons
  • Benjamin Franklin
  • Jared Ingersoll
  • Thomas Mifflin
  • Gouverneur Morris
  • Robert Morris
  • James Wilson
  • South Carolina
  • Peirce Butler
  • Charles Pinckney
  • Charles Cotesworth Pinckney
  • John Rutledge
  • Rhode Island
  • No Delegates

34
  • Virginia
  • John Blair
  • James Madison
  • George Washington

35
  • Of the original 13 states in the United States,
    nine had to accept the Constitution before it
    would officially go into effect.
  • The United States Constitution was ratified on
    June 21,1788.

36
Ratification of the US Constitution by Date
  • February 6, 1788
  • Massachusetts
  • April 26, 1788
  • Maryland
  • May 23, 1788
  • South Carolina
  • June 21, 1788
  • New Hampshire
  • And the rest followed
  • December 7,1787
  • Delaware
  • December 11, 1787
  • Pennsylvania
  • December 18, 1787
  • New Jersey
  • January 2, 1788
  • Georgia
  • January 9, 1788
  • Connecticut

37
  • June 25, 1788
  • Virginia
  • July 26, 1788
  • New York
  • November 21, 1789
  • North Carolina
  • May 29, 1790
  • Rhode Island

38
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