Constitution Review Online...

The Declaration of Independence

• The bulk of the Declaration is a list of grievances against King George III.
• If the government misuses its power, the people have the right to revolt and form a new government.
• (Revolutions are justified…)
• Introduction, History, and Overview of the Constitution

History

• The Articles of Confederation did not give enough power to a central government.

Principles in the Constitution

• Federalism.  The Constitution divides power, giving some power to the central or national government and some power to state governments.
• Separation of powers.  The first three Articles divide the national government  into three branches:  legislative, executive, and judicial. Each branch has its own unique and separate powers.  The writers of the Constitution did not want one part of government to become too powerful. 

Principles

• Checks and balances.   Each branch of government has some limits placed on it by another branch. For example,
• the Senate must confirm Presidential appointments.
• Another—Congress (legislative) makes all laws.  The President (executive) can then veto a law passed by Congress  But Congress can override by 2/3 of each house…

Preamble

Tells why the Constitution was written.

• 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.

THE ARTICLES

• Article I  (1) The Legislative Branch.
• Article II (2) The Executive Branch.  It is significant that the Framers of the Constitution did not put the Executive branch first..  In our system the people’s branch, Congress, came first.
• Article III (3)  The Judicial Branch  of judicial review, defines treason
• Article IV  (4)  The States 
• Article V (5)  Making Amendments   how to add amendments to the Constitution
• Article VI (6)  Supreme Law of the Land  
• Article VII (7)  Ratification 

What is NOT in the Constitution

• Judicial Review, the power of courts to rule that Acts of Congress or the President can be called unconstitutional.
• Political Parties.  As common and powerful as the Democratic and Republican parties are, political parties are not mentioned in the Constitution.
• The 9 justices on the Supreme Court.  While the Constitution provides for a Supreme Court, it does not specify how many justices must be on it, nor is there a requirement for a Supreme Court justice to be a U.S. citizen!

Article 1, The Congress

Article 1 Facts

• When the House and Senate meet, an official vote or meeting is not valid if there is not a quorum – ½ the members plus 1.
• Bills to spend money, raise money, borrow money MUST ARISE IN THE HOUSE.
• Congress can override a Presidential veto by 2/3 majority vote in each house
• Congress controls interstate commerce

Article 1 Facts

• Article 1, Section 8, Clause 18 is known as the Elastic Clause, the “necessary and proper clause.”
• Powers Forbidden to Congress
• Cannot pass ex post facto law
• Cannot suspend writ of habeas corpus
• Cannot establish a religion (this is not in Article I, it’s in the First Amendment) 
• Senate
• Senators are elected for 6 years;
• Elections are staggered so that about 33 senators are elected every 2 years
• 2 Senators per state
• Must be 30 years old, live in US for at least 9 years
• Presiding office is the Vice President of the US who also acts as the President of the Senate (he only votes in the event of ties…)
• President Pro Tempore

Special Senate duties

• approves or disapproves treaties with other countries (must be by 2/3)
• approves or disapproves presidential appointments (except for the President’s choice of VP, or  Chief of Staff)
• The Senate sits as a jury to try impeachment cases.

The House of Representatives

• There are 435 members in the House
• The number in each state depends on the population of the state
• Each state must have at least 1 rep.
• Requirements: 25 years old, 7 years a resident of the US
• Elected for a 2 year term
• Leader is the Speaker of the House
• Power to impeach is given the House (impeaching does not mean guilt.)

Article 2 The Executive Branch

The President

• Must be 35 years old, Born in the US
• Have lived here for 14 years
• Must have 270 electoral votes to be elected President.
• Is commander-in-chief of the armed services.
• Doesn’t have to live in White House!
• Alone makes treaties with foreigners
• Gives yearly “state of the union”
• Can only be elected twice (10 yrs) (22^nd Amendment)

The Electoral College

• Number of members of the House of Representatives PLUS the number of Senators (2) equals the number of Electors each state gets in the Electoral College
• The candidate who receives the most popular votes gets all the states electoral votes.
• Thus the Electoral College is based on the “winner-take-all” principle.  
• It is possible for a Presidential candidate to get more votes from the people but still lose the election because of getting fewer votes from the Electors.

Article 3
The Judicial Branch

Supreme Court:

• Federal judges, including SC Justices serve for life, unless dismissed for bad behavior
• Appointed by Pres, approved by Senate
• The Chief Justice oversees impeachment trials in the Senate
• The Supreme Court has appellate jurisdiction over all state supreme courts, and federal appellate courts.
• SC Justices must get compensated
• SC justices don’t have to be US citizens

Article 4  States

• States must honor each other’s laws…
• All states must have a republican form of government
• EXTRADITION: If a person commits a serious crime in one state and then escapes to another state, that person must be found and returned to the state  where the crime was committed. 

Article 5
Amending the Constitution

• Step 1. 2/3 of Senate and House propose an Amendment
• Step 2. 3/4 of the states need to ratify it.

Article 6
Supremacy Clause

• Supremacy clause. 
• The Constitution, and Acts passed by Congress, are the highest law of the land
• The Amendments
• Anything in an Amendment overrides or replaces any other part of the Constitution

Bill of Rights

• The first 10 Amendments are called “The Bill of Rights”
• The first amendment has “the 5 freedoms”: Religion, Speech, Press, Assembly and Petition

Amendment IV:

• “unreasonable searches” forbidden
• Probable cause
• Search warrants:
  1) what or who to be seized and
  2) where search is to be

Amendment V

• Grand jury
• The 5^th gives you the right to not be forced to testify against yourself
• Double jeopardy. You cannot be tried twice for the same crime
• Amendment 4 and 5 provide rights for the “accused.”

Amendment VIII - X

• Amendment VIII. A person found guilty cannot receive cruel or unusual punishment.
• Amendment X. Powers not given to the federal government or states belong to the states (the people).

Amendment XIII-XVI (13-16), XXIV

• Amendments 13-15 are the Civil War Amendments
• Amendment 15 says race cannot be used as a reason to keep someone from voting
• Amendment XVI. (16) made it ok for the Congress to be able to tax people’s income
• Amendment 24.  People can’t be charged a poll tax to be able to vote
• Amendment 26. last group to get vote (18 year olds)
• 18 and 21, your favorite ages
•  
• 18th amendment was Prohibition, made sale and consumption of alcohol unconstitutional
• 21st amendment repealed the 18^th. Alcohol is legal again!
• Amendment 19This amendment gave women the right to vote…

Flag Code

• The Code names the “Star Spangled Banner” as our national anthem (song). It was written by Francis Scott Key while he was on a boat in Baltimore Harbor during the War of 1812.
• The SC has ruled that burning the flag is an acceptable form of free speech
• Mourning…
• To display at half-mast during a time of national mourning, the flag should be raised quickly to the top of the flagpole and then lowered slowly to the half-way point. 
• On speakers right
• When placed next to or behind a speaker, the U.S. flag should be on the speaker's right.
• When the American flag is flown on the same pole and halyard (rope) with flags of states or cities, the American flag should always be at the top

Illinois Constitution Review

Illinois joined the US as a state in 1818

Home Rule

• Home rule is a delegation of power from the state to its sub-units of governments. Through it, county or municipal governments provide their own public services

Current IL Constitution – 1971

The following items in this IL Const demonstrate that it is fairly young:

• Crime victim’s rights
• Protection for the handicapped
• Protection against discrimination for women

State has 3 branches, like federal

• Executive – Governor
• Legislative – General Assembly
• Judicial – Circuit, Appellate, Supreme

Main Duties of Officers

• Governor.
• Like the President, EXCEPT for:
• Line Item Veto
•  
• Secretary of State.
• Keeps states official records.
• Drivers licenses.
• Main difference between Pres & Gov
• The Governor has line item veto power.

The Governor of Illinois

• Rod Blagojevich                     
• Governors are elected in Illinois two years after Presidential elections
  
  Next Presidential election:
  Nov. 2008
  
  Next Gubernatorial election:
  Nov. 2010

Illinois legislative requirements

• 21 years old
• reside in district 2 years
• be a US citizen

Legislative

• 59 Senate legislative districts
• 118 Representative districts.
• General Assembly

Illinois Judicial Power – 3 Courts

•             circuit
•             appellate
•             supreme

Requirements for judges in IL:

• licensed attorney.
• resident of the district he serves
• be elected as a member of a political party.
• (No judicial experience needed)

To vote in the State of Illinois, a person must be

• 18 years of age     AND
• Resident of Illinois for at least 30 days