Chapter 2 Part 2 The Constitution  To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009

Basic Ideas of the Constitution Separation of powers between three branches. Based on Montesquieu Checks and balances provide oversight. Government takes the form of a federal system in which there is a division of power between State and National governments. Enumerated Powers for National, Concurrent Powers are shared, and Reserved Powers are for the States.

Figure 2.2- Separation of Powers  Pg 47 Back

Article I: Legislative Branch Bicameral (“two houses”) Congress: Senate and House. Sets out terms, selection, and apportionment for members of Congress. House can impeach, Senate has trial and votes on it. Revenue bill must originate in the House. President can veto laws, but Congress can override a veto with a 2/3’s vote in each house. Senators were initially chosen by the state legislatures

Article I: Legislative Branch Article 1 Section 8 lists Enumerated powers: 1. Lay and collect taxes 2. Borrow money 3. Regulate commerce (Commerce clause) 4. Set naturalization laws 5. Coin Money 6. Punish counterfeiters

Article I: Legislative Branch Enumerated powers continued: 7. Establish post offices 8. Issue patents 9. Set up lower federal courts 10. Punish piracies and crimes on the seas 11. Declare war 12. Raise and support an army, but no appropriation longer than 2 years

Article I: Legislative Branch Enumerated powers continued: 13. Provide and maintain a navy 14. Set rules for army and navy 15. Provide for calling up militia (national guard) 16. Provide for organization of armed forces

Article I: Legislative Branch Lists powers denied to Congress and the federal government: No suspension of Habeas Corpus except when needed for public safety; ie times of War (Lincoln used this during the Civil War) No bills of attainder or ex post facto laws No Direct taxes No taxing of exports No state receives preferential treatment No titles of nobility

Article I: Legislative Branch Lists powers denied to the states: States may not enter into treaties States may not impose taxes on exports or imports States may not keep a standing army or navy States may not declare war

Article I: Legislative Branch Final clause is necessary and proper clause. This is the basis for Congress’ implied powers.

Examples of Implied Powers Air Force Provide for organization of armed forces The FCC Regulate interstate Banks Borrow money, levy taxes Business regulations Regulate interstate commerce

Article II: Executive Branch President with a Vice President for a four-year term. Qualifications for and removal from office. Must be a natural born citizen, 35 years old, and a US resident for 14 years Must take the Oath of Office

Article II: Executive Branch Lists powers of the office of the President: Commander in chief Makes Treaties with 2/3’s vote in Senate Appoints Ambassadors, Consuls, and Federal Judges with approval of Senate Pardons people of federal crimes Gives State of the Union Address.

Article III: Judicial Branch Establishes only a Supreme Court. Judges have no term limit and will be paid a salary Life appointments (assuming good behavior) Can be impeached Gives Congress the power to establish lower courts. Samuel Chase is the only Supreme Court Justice to have been impeached; however, he was acquitted of all charges by the US Senate and remained in office.

Article III: Judicial Branch Declares what cases the Supreme Court has original jurisdiction over: Includes any cases involving the laws of the United States, the Constitution or any treaties. Cases involving ambassadors or diplomats Naval and Maritime law Cases involving the US Government Cases between 2 states or citizens of 2 states

Articles IV-VII Article IV includes full faith and credit clause. Article IV includes provisions about new states. Article V discusses amendment process. Article VI contains the supremacy clause. Article VII contains provisions for ratification.

Ratifying the Constitution States hold ratifying conventions; tensions run high. Federalists support the document. James Madison and Alexander Hamilton Anti-Federalists oppose the document. Thomas Jefferson The Federalist Papers play a key role. New Hampshire was ninth to ratify. Later states demand a Bill of Rights.

Table 2.2- Federalists and Anti-Federalists  Page 54 Back

“It appears to me…little short of a miracle, that the Delegates from so many different States…in their manners, circumstances, and prejudices, should unite in forming a system of national Government.” —George Washington

Formal Amendment Two stages: Proposal and Ratification. Can be proposed by 2/3’s vote in Congress or State legislatures. State legislatures have never proposed. Can only be ratified by States. ¾ state legislatures or state conventions. State Conventions only used one time; for Twenty-First Amendment repealing Prohibition.

Figure 2.3- Amending the Constitution  Page 58 Back

Informal Amendment Judicial interpretation. Social change. Marbury vs Madison; Brown vs Board of Education; Obergefell v. Hodges Social change. Great Depression led to support for the New Deal Cultural change. Federal courts have protected women from gender discrimination even though there is no “women equal protection” amendment

Table 2.1- Articles and the Constitution  Pg 49 Back