Civics-Ch3Sec3, The Structure of the Constitution

Federalists & Anti-Federalists Federalists-those who favored the new Constitution. They favored a stronger central government Anti-federalists-those who opposed the new Constitution. They opposed a stronger central government, because they feared it would take away the liberties of the people. Patrick Henry, who was a strong supporter of independence from Great Britain was one of the most famous “Anti-federalists”. He opposed a strong central government. However, with the additional of the Bill of Rights, he became a supporter of the Constitution & a Federalist.

The Constitution & its Parts Short, 10 pages In your book Provides the framework of the American government Highest authority in the land Has been in effect for over 200 years.

Constitution & its parts The Constitution has 3 main parts: Preamble: introduction that states the goals and purpose of the Constitution 7 Articles: describe the structure of the government 27 Amendments –additions or changes to the Constitution.

Constitution and its Parts-Preamble Preamble: goals & purposes of the government; why the Constitution was written Begins: “We the people . . . “ The word “we” shows that the power comes from the people.

Constitution and its parts-Preamble 6 purposes of government: To form a more perfect union-to unite the states more closely than the Articles of Confederation, so they can operate as a single nation To establish justice-create a system of fair laws & courts To insure domestic tranquility-maintain peace and order, keeping citizens & their property safe To provide for the common defense: be ready to protect the citizens from outside attacks To promote the general welfare-to promote the well-being of the people To secure the blessings of liberty to ourselves & our posterity-guarantee freedom and basic rights of the people including future generations (posterity-descendants; future generations)

Constitution & its parts-The Articles The 7 Articles-set up the framework of the government; how the government is to work. The 1st 3 Articles set up the 3 branches of government. ARTICLE I-The Legislative Branch (Congress) Article I sets up the legislative branch because the Framers intended it to be the most important.

Constitution & its Parts- 7 Articles Article I-Legislative Branch (Congress) Congress is made of 2 houses: Senate and the House of Representatives; Congress has the lawmaking authority; Describes how many there are from each state & how they are chosen; Lists the powers of Congress: Pass laws by majority vote; Declare war; maintain an army & navy Coin & borrow money; Establish post office Approve treaties; Amend the Constitution by 2/3 vote in both houses, and approval of ¾ of the states; Tax Regulate commerce Confirm presidential appointments (this is a partial list) It may not tax exports

Constitution & its parts-Article II Article II: The Executive Branch; Branch that carries out the laws; headed by the President & Vice-President; Explains how they are elected --sets up the electoral college system) Each state has a number of “electoral votes” equal to its number of Senators (2) plus its number of Reps in the House (depends on pop.) The people of each state vote for President (really, they vote for a set of “electors” pledged to vote for that candidate). In most states, whichever candidate gets the most votes in the state, gets ALL its electoral votes. This is the winner take all rule. It takes 270 electoral votes to win. The Electors vote and officially choose the President.

Powers & Duties of the president: Carry out the laws; Make treaties & deals with foreign governments; Command the armed forces; Appoint certain government officials

Constitution & its parts- Article III Article III-Judicial Branch; Interprets the laws & applies the laws fairly as they decide cases; Sets up the Supreme Court and the lower Federal Courts; Describes the kinds of cases the Supreme Court & lower Federal Courts hear (most cases are heard by state courts)

Constitution & its Parts-Articles IV-VII Article IV-focuses on the states; all states must respect each other’s laws, court decisions & records; process for making new states Article V-sets out the process of amending the Constitution Article VI-declares the Constitution the “supreme law of the land”. If state laws or court decisions conflict, the Constitution prevails Article VII-says the Constitution would take effect when 9 of the 13 states ratified it.

Amendments to the Constitution There are 27 Amendments. The first 10 Amendments are the Bill of Rights added in 1791. They safeguard individual rights. The other Amendments deal with different matters. Example: Amendment 16 allows Congress to collect an income tax.

Process of Amending the Constitution (Article V) The Framers made it difficult to amend the Constitution, so it would be amended only with the overwhelming support of the people. However, it is necessary to allow changes, because society changes. Example: amendments ended slavery and gave women the right to vote.

Process of Amending the Constitution (Article V) Step 1-Proposal of an amendment By 2/3 vote of Congress (all amendments so far have used this method of proposing) or By a national convention requested by 2/3 of the state legislatures. Step 2-Ratification by ¾ of the states; by ¾ of the state legislatures; by state conventions in ¾ of the states.

Interpreting the Constitution The Constitution has only been amended 27 times, but it changes more subtly as it is interpreted. “What does this clause of the Constitution mean? What do these words mean? ” The Supreme Court has the final say in interpreting the Constitution, as it decides cases. Strict Construction-sticking to the literal meaning of the words Loose Construction-going outside the literal meaning of the words to an underlying meaning.

Interpreting the Constitution-Necessary & Proper Clause “Necessary and Proper Clause” Article I says Congress has the power to make laws that are “necessary and proper” to carry out its duties. What laws are “necessary and proper”? Loose construction-Congress can make any laws the Constitution does not specifically forbid; Strict construction: Congress can make only the kinds of laws specifically mentioned in its power.

Interpreting the Constitution-Congressional & Presidential Actions Sometimes Congress or the President interpret the Constitution through their actions. Examples: Congress has the power to impeach (accuse) & remove officials from office. An impeachment may involve an interpretation of the Constitution. John Tyler was the 1st Vice President to assume the Presidency on the death of a President. How he did this involved an interpretation of the Constitution All presidents request legislation from Congress. The Constitution doesn’t mention this, so doing it is an interpretation of the Constitution.

Interpretation through custom Sometimes customs arise that are not specifically mentioned in the Constitution, but they become a part of our system. Example: political parties are not mentioned but they have become an important part of our system of government.

5 Fundamental Principles in the Constitution Popular sovereignty Rule of Law Separation of powers Checks and balances Federalism

POPULAR SOVEREIGNTY Sovereignty means the right to rule. Popular means the population or public. Popular Sovereignty means that power belongs to the people. The key to popular sovereignty is that citizens have the right to vote. By majority vote, citizens elected representatives to Congress who make the laws. Through the Electoral college, the people choose the President and Vice President, who carry out the laws.

RULE OF LAW Rule of law is the principal that the law applies to everyone, even those who govern. No one can break the law without being punished. This applies to common citizens, to State Governors, to Presidents, to everyone. James Madison said: “You must first enable to government to control the governed, and in the next place oblige it to control itself.” The Constitution specifies what the national government & state governments can and cannot do.

RULE OF LAW Think of examples of times when government officials have broken the law, and got caught.

SEPARATION OF POWERS Separation of Powers refers to dividing the government into branches with different functions, and dividing the power among the branches. The purpose is to ensure that no part of the government, and no individuals, have too much power Our government is separated into: Legislative Branch, which makes the laws; Executive, which carries out the laws, and Judicial, which interprets the laws and applies them to cases.

SEPARATION OF POWERS The Framers of the Constitution were influenced by the French philosopher Baron de Montesquieu. In the 1700s, Montesquieu studied different forms of government. He said that the best way to protect the liberty of the people was to clearly separate the legislative, executive and judicial function of government and assign each to a separate governmental function. That’s what the Framers of the Constitution did.

CHECKS & BALANCES Closely related to Separation of Powers To keep any one branch from becoming too powerful, each branch is able to check (restrain) the power of the others. Each branch has some power over the others.

CHECKS & BALANCES LEGISLATIVE BRANCH: CHECK OVER THE EXECUTIVE: Can impeach & remove the President; can override Presidential vetoes. CHECK OVER THE JUDICIAL: Can impeach & remove judges; can reject the appointment of judges.

CHECKS & BALANCES EXECUTIVE BRANCH: CHECK OVER THE LEGISLATIVE: Can veto laws passed by the legislative; CHECK OVER THE JUDICIAL: HAS THE POWER TO APPOINT THE FEDERAL JUDGES

CHECKS & BALANCES JUDICIAL BRANCH: CHECK OVER THE LEGISLATIVE: Can declare laws passed by Congress unconstitutional CHECK OVER THE EXECUTIVE: Can declare presidential actions unconstitutional

FEDERALISM FEDERALISM: POWER IS SHARED BY THE NATIONAL GOVERNMENT & THE STATES Each level has independent authority over people at the same time. We must obey both federal & state laws.

FEDERALISM EXPRESSED POWERS or ENUMERATED POWERS: The powers specifically granted to the national government in the Constitution examples: to regulate trade with other countries & between the states; to coin money & establish a postal system; to raise & support an army; to declare war)

FEDERALISM RESERVED POWERS: Powers that are not given to the national government, and are kept by the states. examples: regulating trade within state borders; establishing schools; making rules for marriage & divorce: passing & enforcing laws against crimes like murder, etc)

FEDERALISM CONCURRENT POWERS: Powers that both national and state governments exercise. Examples: to collect taxes; to set up courts & prisons.

FEDERALISM THE SUPREMACY OF THE CONSTITUTION: Neither the national government nor the state governments can make laws that violate the Constitution. If a state law conflicts with a national law, the national law prevails (assuming the national law is constitutional).