The Constitution Chapter 3

Chapter 3: Objectives 1. 6 basic constitutional principles 2. Popular Sovereignty & limited government 3. 3 branches & separation of powers 4. Principle of federalism and states rights 5. Preamble, 7 Articles, 27 amendments 6. Formal amendment process 7. Informal Powers: Elastic Clause 8. Informal Powers: Presidential Mandates 9. Informal Powers: Judicial Activism

Structure & Principles Constitution works only when: Constitution works only when: 1. An informed public 2. Public participation 3. Public understands and exercises it ’ s rights --Constitution divided into 3 parts 1. Preamble—introduction 2. 7 Articles 3. Amendments (27)

6 Major Principles 1. Popular Sovereignty 2. Federalism 3. Separation of Powers 4. Checks and Balances 5. Judicial Review: 1.Marbury vs. Madison (1803) 6. LIMITED GOVERNMENT:

Limited Government

3 Branches of Government 1. Article I- Legislative; makes laws 1. Expressed Powers: 2. Enumerated Powers: Delegated Powers: 4. Bill of Rights used to check the power of democracy: 2. Article II-Executive; enforces laws 1. Commander-in-chief 2. Power of appointment 3. Pardons 4. Treaties (executive agreements) 5. Powers must be checked by Congress to prevent an autocracy:

3 Branches of Government 3. Article III-Judicial Branch: 1. interprets laws 2. weakest branch with fewest powers --to prevent an oligarchy: Case Law? Judicial Review?

Shared Powers and Conflict President vs. Congress 1.EOP expansion 2.War Powers Act 3.Oil drilling in Alaska & Off-shore 4.Abortion 5.Gay Marriage

Shared Powers and Conflict President vs. Courts 1.Martial Law 2.New Deal 3.Lend-Lease Act 4.Wars 5.United Nations

Without Government Limitations

The Formal Amendment Process ************************** * Article V: Proposing 1.2/3 of Congress 2.2/3 of States (Congress) 21 st Amendment only State Proposal Article V: Ratifying 1.¾ of Congress 2.¾ of States 3.President Approval Impeachment of Andrew Johnson and 14 th amendment.

Amending the Constitution  Article V: The Amending Process 1.Propose an Amendment 1.2/3 of states OR 1.2/3 of Congress (House of Rep. & Senate) 2.Ratify an Amendment 1.¾ of States 2.¾ of Congress 3.President

4 Ways to Amend 1.Proposed by 2/3 of both houses. 2.Ratified by ¾ of State Legislatures 3.Proposed at national convention called by Congress when requested by 2/3 of states. 4.Ratified by ¾ of states by convention

Examples of Informal Change 1.Taxation laws: Capital Gains, Death, Gift, FICA, Federal, 2.Korean & Vietnam Conflicts, Iraq War, War on Terrorism, War on Drugs 3.Plessy v. Ferguson: Segregation pg. 56  Interpretation of the Constitution leads to the rise of Bureaucracy*************

Public Revenue Act 1942

Tonkin Gulf Resolution

War on Drugs?...

Separate-but-equal… Plessy vs Ferguson?

Informal Methods of Change ****************** 1.1. Congressional Legislation: Interstate Commerce Laws and Civil Rights Laws, Patriot Act (foreign). 2.Presidential Orders: Executive Orders: Affirmative Action (1963), Commander- in-chief actions, Executive Agreements. Affirmative Action (1963), Commander- in-chief actions, Executive Agreements. 3. Judicial Review: Common Law of England, Federalist Paper #78, Marbury v. Madison 1803

Informal Changes to Constitution and Laws 1.Taxes: Social Security, Medicare, Federal Income; Public Revenue Act of 1942 (Legislative Branch) 2. Bureaucratic Expansion: BATFE, IRS, DEA, FDA, OSHA, EEOC, NLRB, EPA, FTC, SEC, etc…(Legislative/Executive)

Informal Changes to Constitution  3. Commander-in-Chief Powers: Executive Branch  4. Executive Orders: Presidential Laws  5. Executive Treaties: Executive Branch  6. Judicial Review: Case Law (Judicial Branch);

Constitutional Amendments 1 st Amendment: Religion, Speech, Press, Assembly, Petition 1 st Amendment: Religion, Speech, Press, Assembly, Petition “ Separation of Church and State ” “ Separation of Church and State ” Prior Restraint Prior Restraint Permits to protest Permits to protest Hate Crimes Hate Crimes Fighting Words Fighting Words Preferred Doctrine Position Preferred Doctrine Position

Free Speech vs. Speech Laws

2 nd Amendment Keep and bear arms; form and maintain militia Keep and bear arms; form and maintain militia U.S. Supreme Court: 2008, Individual Right U.S. Supreme Court: 2008, Individual Right Brady Bill Brady Bill Bans on “ assault ” weapons Bans on “ assault ” weapons Anti-Gun Municipalities Anti-Gun Municipalities

D.C. vs. Heller 2008

3 rd Amendment No quartering of soldiers without consent No quartering of soldiers without consent DEA, BATFE DEA, BATFE

4 th Amendment Secure in: Persons, Papers, Houses & Effects against unreasonable searches and seizures Secure in: Persons, Papers, Houses & Effects against unreasonable searches and seizures Probable Cause Probable Cause Good Faith and Credit Good Faith and Credit “ Reasonable ” “ Reasonable ” Warrants Warrants

4 th : Search & Seizure

5 th Amendment 1. Due Process of Law: Life, Liberty, Property 2. No Self- Incrimination 3. No Double Jeopardy Eminent Domain Eminent Domain New Evidence New Evidence Contempt Contempt

Eminent Domain & Privacy Rights

6 th Amendment 1. Speedy and Public Trial 2. Confronted by accuser Arbitration/Mediatio n/Plea Bargain Arbitration/Mediatio n/Plea Bargain Shield Laws Shield Laws

Right to Counsel: Gideon vs. Wainwright

7 th Amendment Jury Trial in Civil Cases Jury Trial in Civil Cases Right to Sue for $$$$$$$ Right to Sue for $$$$$$$ Keeps Society Civil: Explain: Keeps Society Civil: Explain: Arbitration/ BBB Arbitration/ BBB Tort Reform Laws Tort Reform Laws Limitations or caps on jury awards Limitations or caps on jury awards

Civil Lawsuits vs. Arbitration and Tort Laws

8 th Amendment 1. No Cruel or Unusual Punishment 2. No Excessive Fines or Bails Death Penalty Death Penalty Chain Gangs Chain Gangs “ Excessive Bail ” “ Excessive Bail ”

9 th Amendment Powers retained by the people. Powers retained by the people. –All powers not listed nor delegated are reserved to the people –Popular Sovereignty

10 th Amendment All powers not delegated (listed) are reserved to the states and people respectively. All powers not delegated (listed) are reserved to the states and people respectively. State ’ s Rights State ’ s Rights

States Rights

11-27 Amendments Review from textbook Review from textbook