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7 article ii and iii Presentation Transcript

  • 1. InteractiveInteractive ConstitutionConstitution Worksheet:Worksheet: Articles II and IIIArticles II and III
  • 2. Article II: The Executive BranchArticle II: The Executive Branch  Job of the executive branch,Job of the executive branch, generally? To execute thegenerally? To execute the laws.laws.  Still, was a debate about theStill, was a debate about the proper role of the president.proper role of the president.  Roger Sherman (CT):Roger Sherman (CT): “nothing more than an“nothing more than an institution for carrying theinstitution for carrying the will of the legislature intowill of the legislature into effect.” Clerk, really.effect.” Clerk, really.  Thomas Jefferson: FearedThomas Jefferson: Feared president would be for life,president would be for life, like a king.like a king.
  • 3. Article II: The Executive BranchArticle II: The Executive Branch  Term of President?Term of President? Four yearsFour years..  Some wanted oneSome wanted one term, 7-20 years.term, 7-20 years.  Hamilton: FeltHamilton: Felt president should bepresident should be accountable. Wantsaccountable. Wants reelection possible toreelection possible to keep him on goodkeep him on good behavior.behavior.  Term is relativelyTerm is relatively short, can run again.short, can run again.
  • 4. Article II: The Executive BranchArticle II: The Executive Branch  Electing the president:Electing the president: two options at thetwo options at the Const. Convention: (1)Const. Convention: (1) chosen by legislature, orchosen by legislature, or (2) popular election.(2) popular election.  Compromise:Compromise: ElectoralElectoral collegecollege..  Each state appointsEach state appoints “electors,” they choose“electors,” they choose the president.the president.  Assumption: CitizensAssumption: Citizens would not make anwould not make an informed choice.informed choice.  Also didn’t want bigAlso didn’t want big states controllingstates controlling everything.everything.
  • 5. Article II: The Executive BranchArticle II: The Executive Branch  Supposed to meet,Supposed to meet, deliberate, make wisedeliberate, make wise choice.choice.  Don’t really meet, statesDon’t really meet, states send delegations.send delegations.  Acts as a rubber stamp forActs as a rubber stamp for popular election most of thepopular election most of the time. Winner take all” intime. Winner take all” in most states.most states.  Obama defeated RomneyObama defeated Romney 51% to 47% in popular vote,51% to 47% in popular vote, but got 62% of electoralbut got 62% of electoral vote.vote.  Gore in 2000 defeated BushGore in 2000 defeated Bush 48.4% to 47.9% in popular48.4% to 47.9% in popular vote, but Bush got 50.5% ofvote, but Bush got 50.5% of electoral vote (and won).electoral vote (and won).
  • 6. Article II: The Executive BranchArticle II: The Executive Branch  How many electoral votes per state?How many electoral votes per state? Equal to # of reps in House/SenateEqual to # of reps in House/Senate combined.combined.  Illinois: 21 (2 senators, 18 reps).Illinois: 21 (2 senators, 18 reps).  In USA: 435 in House, 100 in Senate, 3In USA: 435 in House, 100 in Senate, 3 for DC = 538.for DC = 538.  To win election: Need 270 electoralTo win election: Need 270 electoral votes.votes.  Election day: First Tuesday after theElection day: First Tuesday after the first Monday in November (electorsfirst Monday in November (electors chosen).chosen).  Electors vote: First Monday after secondElectors vote: First Monday after second Wed. in Dec.Wed. in Dec.  Jan 6: Electoral votes are counted inJan 6: Electoral votes are counted in Congress.Congress.
  • 7. Article II: The Executive Branch  Movement to go to popular election. Another article.  Good? Reflects popular will.  Bad? Would make bigger states more dominant in elections. Candidates may blow off smaller states.  EXAMPLE: Now: If Missouri is close, candidates will campaign there. . .all or nothing. 11 electoral votes at stake.  If changes. . .so I lose Missouri by 500 votes, big deal. . .let’s go to New York!
  • 8. Article II: The Executive BranchArticle II: The Executive Branch  Qualifications for presidentQualifications for president:: (1) Natural born (not(1) Natural born (not naturalized) citizen; (2) 35naturalized) citizen; (2) 35 years old; (3) Lived in USA foryears old; (3) Lived in USA for 14 years.14 years.  Why “natural born”? Didn’tWhy “natural born”? Didn’t want rich popular Europeanswant rich popular Europeans sweeping in to becomesweeping in to become commander in chief.commander in chief.  Child born abroad of USChild born abroad of US citizens? Not sure. . .think so.citizens? Not sure. . .think so. What if you were naturalizedWhat if you were naturalized as an infant? Vague what thisas an infant? Vague what this means; not much from themeans; not much from the convention re: this, SCOTUSconvention re: this, SCOTUS hasn’t interpreted it. But…hasn’t interpreted it. But…
  • 9. Article II: The Executive BranchArticle II: The Executive Branch  Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth”:  Anyone born inside the United States. (even if parents illegals…)  Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.  Any one born outside the United States, if one parent is anAny one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S.alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years, with at leastwho lived in the U.S. for at least five years, with at least two years after the age of 14.two years after the age of 14.  Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year.  Any one born in US territories (Puerto Rico, Virgin Islands, Panama Canal, kinda).
  • 10. Article II: The Executive BranchArticle II: The Executive Branch  Controversy re: Obama in 2008.Controversy re: Obama in 2008. Mother American, father Kenyan.Mother American, father Kenyan. Some claimed he wasn’t “naturalSome claimed he wasn’t “natural born.”born.”  Go back a page; see 4Go back a page; see 4thth bullet. Usedbullet. Used to be 10 years, at least 5 after theto be 10 years, at least 5 after the age of 16.age of 16.  Obama’s mom was 18 when he wasObama’s mom was 18 when he was born…but he was born in HI, so…sheborn…but he was born in HI, so…she wasn’t citizen long enough. But…hewasn’t citizen long enough. But…he was born in HI so it’s moot.was born in HI so it’s moot.  McCain (2000 opponent) was born inMcCain (2000 opponent) was born in Panama Canal Zone; law says thosePanama Canal Zone; law says those born there are “declared to be USborn there are “declared to be US citizens,” not “natural born.”citizens,” not “natural born.”  ““Fixed salary”? Maintains president’sFixed salary”? Maintains president’s independence. No threats/bribes.independence. No threats/bribes.  Current salaryCurrent salary: $400,000: $400,000
  • 11. Article II: The Executive Branch  President’s oath of office (end of section 1): "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.“  Washington added “so help me God” and the Bible.  Traditionally administered by the Chief Justice.
  • 12. Article II: The Executive BranchArticle II: The Executive Branch Duties/powers of theDuties/powers of the presidentpresident 1.1. Commander-in-chief of theCommander-in-chief of the Army/Navy.Army/Navy. 2.2. Sets up a Cabinet (advisers inSets up a Cabinet (advisers in various areas).various areas). 3.3. Reprieves/pardons.Reprieves/pardons. 4.4. Make treaties (with theMake treaties (with the advice/consent of the Senate).advice/consent of the Senate). 5.5. Appoint certain officers (withAppoint certain officers (with advice/consent of Senate)advice/consent of Senate) (ambassadors, public ministers,(ambassadors, public ministers, Supreme Court Justices).Supreme Court Justices).
  • 13. Article II: The Executive BranchArticle II: The Executive Branch Duties/powers of President:Duties/powers of President: 6.6. Present a state of the union message.Present a state of the union message. 7.7. Call special sessions of Congress.Call special sessions of Congress. 8.8. Receive ambassadors or foreignReceive ambassadors or foreign leaders.leaders. 9.9. ““Take care that the laws are faithfullyTake care that the laws are faithfully executed” (source of much ofexecuted” (source of much of president’s power). Can be sweepingpresident’s power). Can be sweeping action, (calling out military).action, (calling out military). 10.10.Commission all officers of US (canCommission all officers of US (can refuse to grant commission).refuse to grant commission).
  • 14. Article II: The Executive Branch  Power not listed: Approves/vetoes federal bills (discussed in Article one).  President has to approve/disapprove entire bill.  Line-item veto: Picking out certain parts he doesn’t like. Can’t do that.  Unconstitutional: 1996.
  • 15. Article II: The Executive Branch  ImpeachmentImpeachment (Section 4): “Treason,(Section 4): “Treason, Bribery, High Crimes andBribery, High Crimes and Misdemeanors.” (Not just any criminalMisdemeanors.” (Not just any criminal wrongdoing here.wrongdoing here.  President, USSC can be impeached.President, USSC can be impeached. Reps/senators removal? 2/3 vote.Reps/senators removal? 2/3 vote.  Two president to be impeachedTwo president to be impeached (charged)? Andrew Johnson, Bill(charged)? Andrew Johnson, Bill Clinton.Clinton.  Going to be impeached? Richard NixonGoing to be impeached? Richard Nixon  Current president? I hope you know.Current president? I hope you know.
  • 16. Article III: The Judicial BranchArticle III: The Judicial Branch  Judicial power: “ToJudicial power: “To interpret the laws.”interpret the laws.”  Judicial reviewJudicial review: Declare: Declare acts of president,acts of president, Congress, otherCongress, other governmental bodiesgovernmental bodies unconstitutional.unconstitutional.  Ultimate decider of whatUltimate decider of what the US Constitution means.the US Constitution means. Example: 2A meaning?Example: 2A meaning?  Power first established inPower first established in Marbury v. MadisonMarbury v. Madison (1803).(1803).
  • 17. Article III: The Judicial BranchArticle III: The Judicial Branch  Marbury decided: CJ JohnMarbury decided: CJ John Marshall said USSC job is “to sayMarshall said USSC job is “to say what the law is.”what the law is.”  Controversial. Not really a powerControversial. Not really a power listed in Constitution.listed in Constitution.  Jefferson/Madison: Felt statesJefferson/Madison: Felt states had the power to declare actshad the power to declare acts unconstitutional (Virginia andunconstitutional (Virginia and Kentucky Resolutions).Kentucky Resolutions).  Andrew Jackson: Scoffed at theAndrew Jackson: Scoffed at the USSC: “John Marshall has madeUSSC: “John Marshall has made his decision, now let him enforcehis decision, now let him enforce it.”it.”
  • 18. Article III: The Judicial BranchArticle III: The Judicial Branch  USSC final say they are theUSSC final say they are the final authority onfinal authority on Constitution:Constitution: Cooper v. AaronCooper v. Aaron (1958). (Governor of AK tried(1958). (Governor of AK tried to ignore desegregationto ignore desegregation decision indecision in Brown v. Board ofBrown v. Board of EdEd.).)  ““The federal judiciary isThe federal judiciary is supreme in exposition of thesupreme in exposition of the law of the Constitution.”law of the Constitution.” Example: Gay marriage,Example: Gay marriage, DOMA, 2013.DOMA, 2013.  USSC only court inUSSC only court in Constitution. Congress hasConstitution. Congress has power to create more.power to create more.  Three levels of federal courtsThree levels of federal courts (district, circuit, USSC).(district, circuit, USSC).
  • 19. Article III: The Judicial BranchArticle III: The Judicial Branch  Qualifications? None. Tend toQualifications? None. Tend to be (1) federal judges, (2)be (1) federal judges, (2) politicians, (3) academics.politicians, (3) academics.  Justices selected by theJustices selected by the president, approved by thepresident, approved by the Senate.Senate.  Head of Judicial Branch: ChiefHead of Judicial Branch: Chief Justice of the United States.Justice of the United States.  Current CJ: John RobertsCurrent CJ: John Roberts (2005)(2005)
  • 20. Article III: The Judicial BranchArticle III: The Judicial Branch  Associate JusticesAssociate Justices: Antonin Scalia, Anthony: Antonin Scalia, Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg,Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor,Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan.Elena Kagan.
  • 21. Article III: The Judicial BranchArticle III: The Judicial Branch  Term of justices? Life orTerm of justices? Life or retirement.retirement.  Why? Independent of politicalWhy? Independent of political process, protect minorityprocess, protect minority rights.rights.  Also limits majority rule. . .Also limits majority rule. . .  Jurisdiction of federal courts:Jurisdiction of federal courts: Legal authority to hear/decideLegal authority to hear/decide a case.a case.  Structure: District, circuit,Structure: District, circuit, USSC.USSC.  Criminal trials: GuiltCriminal trials: Guilt determined by juries. Averagedetermined by juries. Average citizens; the peoplecitizens; the people themselves.themselves.