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Transcript of Constitution Project
Similarities with A.O.C and the U.S. Constitution-Either could establish a post office,They governed the territories, and had a legislative branch.
U.S. Constitution-Supreme Courts Settles disputes with states, Bicameral, Only the US can coin money, Can build a navy, and Paid by the federal government. Constitution: A Written Document Of How The States Want To Be Governed. Facts:
1:The U.S. Constitution has 4,400 words.
2:Benjamin Franklin was the oldest person to sign the constitution.
3:It took a hundred days for the constitution to be framed.
4:The word “democracy” does not appear once in the Constitution.
5:Four of the signers of the Constitution were born in Ireland. Constitution Project By Nattally Best Preamble: States goals and purposes of government. 1- Form a perfect union
2- Establish justice
3- Ensure domestic tranquility
4- Provide common defense
5- Promote general welfare
6- Secure blessing of liberty Articles 1- Describes the legislative branch, 2 house congress(bicameral), how members are chosen, powers of congress.
2-Establish executive branch, and describes elections, removal of office, powers and duties.
3-Describes Judicial Branch, Supreme and federal court, and describes federal court and cases.
4- All stated must respect all laws, explains creating new states,( Full faith and credit clause)
5- Explains how the Constitution can be amended(2/3 purpose and 3/4 Ratify)
6-Constitution is " Supreme law of land", and Claims federal law prevails over state laws( Supremacy Clause)
7- Nine states MUST ratify House Of Representative
2 years term
Have to be 25, 7 years of citizenship, and live in state.
Speaker of the house is the leader of the H.O.R.
Depends on the population on how many representatives.
The H.O.R claims impeachment.
Taxed laws originate in the H.O.R Senate
6 years term
Have to be 30, 9 years citizenship, and live in state.
Vice president leads the senate.
2 senates for each state
They are the jury when the president is impeached.
Senate has power over the elections. In Article 1, Section 2, Clause 3 It is stating that each state gets a certain amount of Representatives and that each state gets a certain amount by their population. Such as Massachusetts gets 8 and New Jersey gets four because it is a smaller state. The enumeration will be in ten years. Enumeration Questions: 1.) What makes up a quorum? A: Both of the houses
2.) Who Pays Congressmen? A: U.S. Treasury
3.)While Congress is in session, can a Congressional Representative be arrested for a minor offense? A: Yes, because it is Indictment Location- 3.7
4.)Where must the revenue (tax) bill originate? A: The House Of Representatives Location-7.1
5.)What are the rules concerning the expulsion of a congressmen from either house? A: with concurrence of two thirds, expel a member. Location- 5.2 Sequence of events to make a bill a law: 1.)the bill is introduced and sponsored by a member in Congress
2.)the bill is sent to the committee for the first time
3.)then sent to the sub-committee to hold public hearings
4.)Full-Committee meets and decides whether to send it to the Full House or the Senate.
5.) The Full House or Senate debates about the bill: Senators can attach riders to the bill, The Full House has a time limit on debates and Senators has no time limit which means they can Filibuster- talk the bill to death, or they can end the filibuster by a vote of 3/5.
6.) After the debate the House and Senate Vote: They can vote by voice, standing vote, and roll call for the senate, and computerized voting for the House.
7.) Each house must pass the same bill and send it to the president.(if the bill is not the same it is sent to the conference committee)
8.)Bill goes to the president he/she can either: sign it, vetoes the bill, pocket veto-the bill dies after 10 days of it not being signed, and if not signed but congress is in session it becomes a law in 10 days.
9.) bill can still be passed after veto if 2/3 of congress votes and overrides it. Lay And Collect taxes, Duties, Import and excises, pay debts, provide defense, and provide general welfare.
Necessary and proper clause- gives Congress the right to make laws and it is also known as the Elastic Clause, found in section 18 of article one. Enumerated Congressional Powers: Denied powers to congress and states Congress does not have the power for migration and importation of persons.The writ of Habeas Corpus shall not be suspended, and cannot pass bills of attainder or laws that punish people without a trial.
No state shall enter into any treaty, alliance, or confederation. States cannot lay any imposts or duties on imports or exports. Also States cannot keep troops or ships in time of peace. And states cannot enter into a compact or any agreement. The President and Vice president serve for 4 years Located in 1.1 in article 2.
The number of each electors from each states depends on how many Senators and Representatives of that particular state.
The requirements to be president is you have to be 35 or older, a natural born citizen of 14 years.
When the president dies, resigns, impeached or is unable to carry out the duties that is when the vice president devolves for the president.
He is payed by his service and it will not increase or diminish while he is in office. President Information Page. 1 Page. 2 Page. 3 Page. 4 Page. 5 Page. 6 Page. 7 Page. 8 Page. 9 Page. 10 Page. 11 Article 1 Article 2 Head of State- Symbolic leader of the U.S.
Economic Leader- Plans the Federal Budget
Legislative Lead- Influences Legislation and State of the Union Address.
Party Leader- Visible Leader of his political party; pursues policies favorable to his party goals.
Judicial Leader- Power of Appointment- Judicial Powers: Immunity, Pardon, Reprieve, Commutation, and Amnesty.
Chief Executive- Head of Executive branch
Chief Diplomat- Deals with foreign countries and governments
Commander-of-Chief- Leader of Armed Forces. President powers: Page. 12 The President gives this speech to inform the congress on the state of union and to make sure they agree that laws should be faithfully executed. State Of The Union Address: Page. 13 Article 3: The only court created by the constitution is Supreme Court.
Only Congress can create other courts IF needed.
Federal courts usually only deal with cases that deal with the constitution or laws passed by Congress.
The only crime defined in the constitution is impeachment. Page. 14 Every State must recognize the public Acts, Records, and judicial Proceedings of every other state. Full Faith And Credit Clause: Page. 15 No states cannot be created in an already existing state.
Every state is guaranteed a Republican Form of Government.
The U.S. promises to protect us from any invasion and against domestic violence. Questions For Article 4: Page. 16 Amendment Process:
First you have to propose the amendments and get 2/3 votes from the houses of Congress.
Then the amendments have to be 3/4 ratified. Article 5: Page. 17 Article 6 Says the constitution is " Supreme law of land", and claims federal law prevails over state laws.
This is called the Supremacy Clause! The Supremacy Clause also requires state legislatures to take into account policies adopted by the federal government. Article 7 Describes how many state ratifications are necessary for the Constitution to take effect.
It says that nine states must ratify. Amendment 1- Explains your freedom of speech, religion, assembly, press, and petition.
Amendment 2- Explains the right to bear arms.
Amendment 3- NO quartering soldiers during peace times. Amendments 1-3 Amendment 4- NO unreasonable search or seizures
Amendment 5- Due process, Eminent domain, No double jeopardy, No self incrimination, No indictment.
Amendment 6- Right to a fair and speedy trial, informed of crime,trial by jury, public jurors, right to an attorney and Criminal cases. Amendments 4-6 Amendment 7- Explains rights honored in civil law suits "common law"
Amendment 8- Explains that you can not have excessive bails or fines, and no cruel or unusual punishments.
Amendment 9- Explains that there are rights in the Constitution that aren't listed but are give to people. Amendments 7-9 Amendment 10- Explains any powers not given to the national government are reserved for states and people. This limits the power of federal government and the government only has power that people give it.
Amendment 11- Explains that the jurisdiction of federal court is limited and if you sue a state it has to be in that state.
Amendment 12- Explains that the President and Vice President are elected separately. Amendments 10-12 Amendment 13- Abolishes slavery
Amendment 14- Defines citizenship by birth or naturalization.
Amendment 15- ALL MEN doesn't matter of race or ethnicity have the right to vote. Amendments 13-15 Amendment 16- Gives congress the power to levy income taxes
Amendment 17- Enables voters to elect senators directly.
Amendment 18- Prohibits making, drinking and selling alcoholic beverages Amendment 16-18 Amendment 19- Women's suffrage and gives women the right to vote.
Amendment 20- The lame duck amendment, if some happens to the President the Vice President takes over, Congress begins the 3rd of January at noon and the President and Vice President inaugurate January 20Th at noon.
Amendment 21- Repeals Amendment 18. Amendments 19-21 Amendment 22- Limits the President to 2 terms: 1st term is 4 years, 2 term is 8 years and the maximum is 10 years.
Amendment 23- Gives residents in Washington D.C. the right to vote for the President and Vice President. They get 3 Presidential electors.
Amendment 24- Abolishes poll taxes. Amendment 22-24 Amendment 25- Establishes procedures for the successions of the presidency and establishes process for the Vice President to take over if something happens to the President.
Amendment 26- Setting the voting age to 18.
Amendment 27- Delays congressional pay raises until the term following the passage. Amendments 25-27 What is the establishment clause? The Establishment Clause of the First Amendment is the first of several pronouncements in the First Amendment to the United States Constitution, stating that "Congress shall make no law respecting an establishment of religion". Together with the Free Exercise Clause ("... or prohibiting the free exercise thereof"), these two clauses make up what are called the "religion clauses" of the First Amendment.
What is the free exercise clause? The Establishment Clause and the Free Exercise Clause together read:
“ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"...
Amendment Questions Expressed- Are expressed powers written in the constitution for congress.
Concurrent- Are powers that are shared by the Federal and State governments.
Implied- Powers that aren't written in the constitution are given to congress, and have been seen in the "elastic clause". Powers Page 18 page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Constitutional Principles Page 31 Popular Sovereignty- All of the power lies within the people.
Checks And Balances- All of the branches of government check each other so that none of them power over each other and they have equal powers.
Federalism- The division of powers among the central governments
Limited Government- The people have the right to tell the Government what they can do.
Separation of Powers- This consists of the division of all the government branches: Legislative, Executive, and Judicial http://www.huffingtonpost.com/2012/09/14/ndaa-case-indefinite-dentention_n_1885204.html This article is saying that Obama nor Romney want to discuss taxes that are going to rise in 2013. They know that the bill is running out but neither want to extend the tax cut for Americans.Congress can lay and collect taxes with out regarding a census.
Source: IR-2010-124, Dec. 17, 2010
WASHINGTON The Internal Revenue Service today released instructions to help employers implement the 2011 cut in payroll taxes, along with new income-tax withholding tables that employers will use during 2011.
We really can not do anything about the extension, so why would the President or the Presidential Candidate say anything about it. Congress is not running for President. They pass all the laws. This is outlined in Amendment 16. I do not think this is a big deal because they are not raising taxes, the tax cut is just not be extended.
http://www.wect.com/story/19873909/psst-taxes-go-up-in-2013-for-163-million-workers Page 34 This article is is about how Obama and congress passed a law about how U.S. citizens can be taken off of the streets and not be given a fair and free trial. The NDAA is the act that Obama passed just so that Terrorist and ANY U.S. citizen can be detained without a trial and that is what people are worried about now on top of all of our debt.
Source: NDAA SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
We need a direct definition of "terrorist." If any citizen can be labeled as a terrorist by the government for any reason then that would affect their constitutional rights directly according to the 5th amendment. Due process is kept out of the process in detaining a "terrorist" in the NDAA. Occupy Wallstreet protestors are among other "terrorist groups" and I do not consider them terroists. http://thecaucus.blogs.nytimes.com/2012/10/21/mondays-debate-puts-focus-on-foreign-policy-clashes/?hp Article II of the Constitution says the president has the power to:
•make treaties with other countries (with consent of the Senate),
•appoint ambassadors to other countries (with consent of the Senate)
•and receive ambassadors from other countries
This article is about foreign policy and teh continuing war on terror. I think we should not get involved with other countries if they do not provoke us first.