US Constitution

Overview

Room 29: October 24 to November 10, 2016 (xSF days)

Room 26: November 28 to December 16, 2016

Videos

Founding Fathers

Episode 4 (second episode on disc 2): A Strong Constitution

-starts at the end of the War for Independence

-introduces James Madison as the Father of the Constitution

-relationship with Thomas Jefferson

Constitution USA

PBS Video, 4 episodes:

The National Constitution Center has developed educational materials for each episode of CONSTITUTION USA which addresses a theme related to the Constitution.

Episode I: A More Perfect Union (Federalism) : Federalism has led to tensions throughout American history and still sparks controversy today.

Episode II: It's a Free Country (Rights) : See how freedom is defined for “We the People” as well as you the citizen.

Episode III: Created Equal (Equality) : See how equality is defined in this episode based on the 14th Amendment.

Episode IV: Built to Last? (We the People) : Does our Constitution stand up to the 21st Century? This question is explored in episode four.

Preamble

Preamble of the Constitution

Branches

Groups:

Branches of Government

-what each one is and does (balance) and how they influence each other (checks)

March 2017

Legislative

-about the two parts

-how a bill is formed

-"people's branch"

-Speaker

The Legislative Branch is made up of the Senate and the House of Representatives. The branch has the power to enact legislation and declare war.

Senate

-senators must be 30 years old, and have been a U.S. citizen for at least 9 years

-2 senators per state

-a senator's term lasts 6 years

-elections are staggered, one elected every couple years

-senators are considered older and wiser

-have unlimited debate time which allows filibusters

-filibusters delay the voting of the bill

House of Representatives

-reps must be 25 years old and have been a US citizen for 7 years

-number of reps per state corresponds with the state's population

-a rep's terms lasts 2 years

-their term is short so that they truly represent their state

-it is their responsibility to listen to their states' citizens

-when debating a bill, they have a 5 minute time limit

-no more than 435 voting reps

-the Speaker of the House is the "leader" of the house, elected by other reps. Current leader is Paul Ryan (R)

-the next in line after the VP is the Speaker of the House

Executive

-pres, vp, cabinet

-role in lawmaking

-international relation

-Commander in Chief

President:

-chief executive (head of branch)

-chief diplomat (w/ other countries)

-commander in chief (military head)

-chief of state

-legislative leader

able to veto laws

-carries out laws

Cabinet

-provides pres with info & advice

-there are about 15 of them

-State, Treasury, Defense, Interior, Agriculture, Commerce, Labor, Health, Housing, Energy, Transportation, Education

Vice President

-takes over if president dies, resigns, etc.

-sits next to the president

-presides over the senate

-can vote if the senate is tied

14 vice presidents have become presidents

Judicial

-Supreme Court

-lower courts

-landmark cases

Supreme Court

-The judicial branch is in charge of deciding the meaning of laws, how to apply them to real situations, and whether or not a law breaks the rules of the constitution

-The constitution is the highest law of the nation

-interprets the constitution

-highest court in federal system

-has chief justice and 8 associate justices (minimum of 6 needed)

-most cases come from appeals of lower court decisions as well as cases involving ambassadors

-choose to hear only 150 out of 8,000 proposed cases a year

-decides whether laws are constitutional

sometimes overturns decisions

-congress can't appeal only modify the law

-role has grown as constitution has been interpreted

-justices are nominated by president and approved by senate

-started in Article in the constitution, giving basic framework of this branch

Appellate Courts

- instituted by congress

-12 throughout the U.S. (geographically spread out)

-has appellate jurisdiction

Lower Courts

- district courts (state courts)

- gives jurisdiction

Landmark Cases

-Bethel School District #43 v. Fraser (1987) - students do not have a First Amendment right to make obscene speeches in school

-U.S. vs. Nixon (1974) - the president is not above the law

-Brown vs. Board of Education (1954) - separate schools are not equal. This case outlawed segregation in schools

-Cooper vs. Aaron (1958) - states cannot nullify decisions of the federal court

-Tinker vs. Des Moines (1969) - students do not lose their rights at the schoolhouse door

Texas vs. Johnson (1989) - even offensive speech such as flag burning is protected by the First Amendment

-Roe v Wade

-Filburn v Arizona

Federal Judge Qualifications

1. Nominated by president, approved by senate

2. No constitutional qualifications required

3. Serves until retirement, death, or conviction by senate

4. Can resign or be impeached

5. Number of supreme court justices is up to congress. At times there have been as few as 6, while the correct number is 9 (with 1 chief justice and 8 associate justices)

Rm 29 Class of 2018