Four Elements of the US Constitution Federalism: Division of power between state and national government. Separation of Powers: A division of power between branches of national government. Checks and Balances: Powers each branch has to check other branches. A Written Bill of Right: Written rights of every citizen (Not all countries have this).

Constitution Setup Article I – Sets up Legislative Article II – Sets up Executive Article III – Sets up Judicial Article IV – Interstate Relationships Article V – Sets up ability to Amend Article VI – The Supremacy Article – The federal Government is Supreme Article VII – Ratifies the Constitution Amendments The Amendments – 27 Amendments Currently

The Living Constitution Three Branches The Legislative Branch (Congress) The Executive Branch (The President, Cabinet, Executive Agencies) The Judicial Branch (The Supreme Court and all Federal Courts)

Checks and Balances Checks and Balances: The system that insures Separation of Powers. Each branch has specific powers it can use to keep the other branches in check, so that no one branch becomes too powerful. Effects of checks and balances. +It can create gridlock +It can encourage political compromise

Executive Checks Executive – Congress Veto Power Can call special sessions of Congress Can propose laws Pardons (excludes impeachments) Executive – Judicial Nominates judges Pardons

Congressional Checks Congress – Executive Approves Federal Budget Can override vetoes with 2/3 vote Can impeach President and exec. officials Approves Federal appointments and treaties (Senate) Congress – Judicial Can propose Constitutional amendments Determines numbers, location, and jurisdiction of Federal courts Confirms judicial appointments (Senate)

Judicial Checks Judicial – Congress Can determine laws unconstitutional Judicial – Executive Can determine actions unconstitutional Are appointed for life and free from executive control

David Souter was appointed by George H. W. Bush, and was believed To be conservative, but has become a More liberal voice on the court.

Types of Power Express Powers: powers specifically granted to one of the branches of the national government in the Constitution. Implied Powers: powers inferred from expressed powers in the Constitution that allow Congress to carry out its functions. Concurrent Powers: Some powers that are federal powers may also be state powers (i.e. taxing).

Supremacy Clause The National Supremacy Clause is found in Article VI Powers reserved to the states include all of the following: –A state constitution –Establish state courts –Conduct elections –Charter local governments This has lead to devolution: The effort to pass on to the states many federal functions.

McCulloch v. Maryland The Supremacy Clause was affirmed by McCulloch v. Maryland Maryland tries to tax US government money in a bank in their state. John Marshall’s court says no. The state government does not have power over the federal government. Preemption: When a federal law or regulation takes over and precludes enforcement of a state or local law or regulation.

Constitutional Branches

Executive Enforces the laws of Congress Executive Order: Has “full force of the law”. (Example: The Emancipation Proclamation) Executive Privilege: Right to confidentiality – especially national security issues Impoundment: Can withhold funds appropriated by Congress Vice President: The only stated constitutional responsibility of the vice president is presiding over the Senate. Dick Cheney has redefined this position and is the most powerful Vice President in history. He has heavy influence over the executive branch.

Legislative Makes laws Necessary and Proper Clause: Article I, Sec. 8, Clause 18. States Congress has the power to make all laws necessary and proper for carrying out the Constitution. Commerce Clause: Article I, Section 8, Clause 3. States Congress has the power to regulate all business activities that cross state lines or affect more than one state or other nations. Constitutionally Declares War: Korea? Vietnam (Gulf of Tonkin)? Iraq?

Authorization for Use of Military Force Against Iraq Resolution of 2002 was a law passed by the United States Congress authorizing what was soon to become the Iraq War. The authorization was sought by President George W. Bush. Introduced as by a vote of in the House, and in the Senate by a vote of It was signed into law by President Bush on October 16, 2002.

Impeachment and Removal Impeachment: Formal accusation against a public official Andrew Johnson and Bill Clinton; Nixon resigned before eminent impeachment 15 Federal Judges (7 Convicted) Article II states impeachment is for “treason, bribery, and other high crimes and misdemeanors” Congress determines what a high crime is. House initiates impeachment and Senate tries impeachment Removal: Conviction in Senate required

Judicial Declares a congressional law or executive act constitutional or unconstitutional. Also, makes legal decisions in federal cases. Natural Law: Defines right from wrong. Higher than human law. Part of the British Constitution (common law).

Original Intent v. Living Document Judicial Restraint or Strict Constructionist: limits judicial interpretation to the meanings of the actual words and phrases used in law/constitution. Tries to interpret how the founders may have applied the constitution to our current society, and heavily relies on “if it is not in the document it doesn’t exist”. Judicial Activism: expands judicial interpretation to the meanings beyond the actual words and phrases used in law/constitution. Allows for the document to apply to a society the framers would not have known based on today’s culture and climate. Judicial Minimalism: Decides only on a case- by-case basis and may sometimes use wither depending on situation and circumstance.

Centralist v. Decentralist Decentralist: favoring local and state interests over national Centralist: favoring national interests over state and local

How would each camp rule on… Abortion? Affirmative Action? Racial Segregation?

Amending the Constitution 1st Method—amendment proposed by 2/3 vote in each house of Congress and ratified by 3/4 (38) of State legislatures (used in almost every amendment to the Constitution) 2nd Method—amendment proposed by Congress and then ratified by conventions, called for that purpose, in ¾ (38) of the States (only the 21st amendment only one this way) 3rd Method—amendment proposed by a national convention, called by Congress at the request of 2/3 (34) of the State legislatures and ratified by ¾ (38) of State legislatures. (never has happened) 4th Method—amendment proposed by a national convention and ratified by conventions in ¾ (38) of States. Proposal at national level and ratification at state level. (never has happened)

Equal Rights Amendment (ERA)

EQUAL RIGHTS AMENDMENT Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification.

In the 1970s a constitutional amendment preventing discrimination based on sex was proposed and ratified by 35 states. The ERA has been ratified by only 35 of the necessary 38 states.

More About Amendments 10,000+ resolutions calling for amendments have been proposed, only 33 sent to States, only 27 ratified. Some Political Scientists speak of “informal amendments”. They are not amendments at all, but rather changing interpretations of the Bill of Rights by the courts.

Formal and Informal Changes in Constitutional Interpretation Formal: 1. Amendment process (know the different methods for our first test) Informal: 1. Judicial Review, 2. changes in customs in presidential practice, and 3. changes in customs of congressional practice.

How many members of the Simpson family can we name?

How many of the 1 st Amendment Freedoms can we name?

First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

First Amendment Parts: Religion Speech Press Assembly Petition

The Other Amendments 2 nd “A well regulated militia” demands and allows “the right of the people to keep and bear arms” 3 rd No quartering of soldiers in homes 4 th prevents unreasonable search and seizure. 5 th Due Process (right to a trial) and no double jeopardy. No self-incrimination. 6 th and 7 th Trials: Jury of your peers, speedy trial, and right to confront witnesses. Civil trials will have juries. 8 th Cruel and unusual punishment not allowed. No excessive bail or fines allowed.