The Constitution

The PreamblePurposes of Government Article ILegislative Branch Article IIExecutive Branch Article IIIJudicial Branch Article IVThe Relations Between States Article VAmending the Constitution Article VISupremacy and Oaths Article VIIRatification AmendmentsBill of Rights; practical changes; extension of suffrage

The Six Basic Principles  The Constitution is only about 7000 words  One of its strengths is that it does not go into great detail.  It is based on six principles that are embodied throughout the document.

Popular Sovereignty  People are the only source of governmental power  Government governs with the consent of the people  “We the People…” - the Constitution and the government were created by the people, who gave it its powers

Limited Government  Government is not all powerful - it can only do those things the people have given it the power to do  Constitutionalism  Rule of law  Government and its officers are subject to - not above - the law  Constitution spells out what government cannot do as well as what it can do

Separation of Powers  Power of government divided between three distinct and independent branches –Legislative - Art. I –Executive - Art. II –Judicial - Art. III  Framers felt the division would limit the power  Too much power in one place would be dangerous

Checks and Balances  Each branch of government subject to restraint by the other branches

Judicial interprets laws Executive carries out laws President appoints Supreme Court Justices and other federal judges Courts may declare acts of Congress unconstitutional Congress makes laws Congress appropriates funds for programs; can override veto;may remove President through impeachment; Senate approves treaties and appointments Judges are appointed for life; may declare executive actions unconstitutional Congress creates lower courts: may remove judges through impeachment; Senate approves appointment of judges President may veto laws, call special sessions,recommend legislation, appeal to the people

Judicial Review  The power to decide questions of constitutionality  Held by all federal courts  Established in Marbury V. Madison

Federalism  Revolution fought to manage local affairs without interference  Central government under the Articles of Confederation was too weak  Division of powers between National Government and the States  Built a more effective central government while preserving the existing States and the concept of local government

Amending the Constitution  Constitution has been in effect for more than 200 years –written to govern an agrarian nation of less than four million. –Now governs an industrialized nation of more than 270 million. –Key to success is the ability to change

Formal Amendment Process Spelled out in Article V Congress by a 2/3 vote in both houses Proposed by National Convention called by Congress when requested by 2/3 of State legislatures State legislatures in 3/4 of States Conventions held in 3/4 of the States Ratified by or Congress by a 2/3 vote in both houses State legislatures in 3/4 of States Conventions held in 3/4 of the States National Convention called by Congress when requested by 2/3 of State legislatures or

Formal Amendment Process  Proposal takes place at the national level and ratification takes place at the State level  Amendments cannot “without the State’s consent “ change representation in the Senate.  More than 10,000 resolutions have called for amendments - 33 have been sent to the States - 27 have been ratified.

Informal Amendment  Basic legislation –passage of laws –court system, inter- state commerce, etc.  Executive Action –presidential order or agreement –use of troops without a declaration of war  Court Decisions –declaring certain acts constitutional or the reverse –Marbury v. Madison  Party Practices –nomination of president; the daily business of Congress  Custom –third term for presidents; Vice- Presidential succession

The Bill of Rights  These ten amendments originally applied only to the federal government –now apply to state governments also.  The First Amendment protects individuals’ right to worship, to speak freely, to assemble, and to petition and criticize government.  The Second Amendment ensures citizens’ right to own firearms.

The Bill of Rights  The Third Amendment prohibits the government from forcing people to provide shelter for soldiers in their homes.  The Fourth Amendment protects individuals from unlawful searches and arrests without court warrants.

The Bill of Rights  The Fifth Amendment protects people charged with a crime: a grand jury must indict them before trial; no one found innocent can be retried for the same crime; people cannot be forced to testify against themselves; and no one can be deprived of life, liberty, or property without due process of law.

The Bill of Rights  The Sixth Amendment guarantees accused persons the right to know the charges against them, a defense attorney, a speedy jury trial, and the right to question all witnesses and compel them to testify.

The Bill of Rights  The Seventh Amendment provides individuals the right to a trial by jury to settle property disputes, though a judge may try the case if both parties agree.  The Eighth Amendment prohibits excessive bail and fines and bars cruel and unusual punishment for crimes.

The Bill of Rights  The Ninth Amendment states that all powers not spelled out in the Constitution are retained by the people.  The Tenth Amendment says that all powers not given to the national government or denied to the states belong to the states or the people.

The Amendments

Federalism

Problem of the Framers  How to design a strong national government with the power to meet the nation’s needs and to preserve the existing States at the same time? –Any government power is a threat to individual liberty –Use of power must be limited –To divide power is to limit it

The Solution - Federalism Central Government State Government State Government State Government State Government State Government State Government State Government State Government State Government State Government Dual system of government 2 governments over the same people at the same time Allows local action & choice Provides strong union to handle matters of wider concern

Division of Powers  Set out in the Constitution  Types of powers –Delegated powers Expressed Implied Inherent  Powers based on who holds them –Exclusive –Concurrent –Denied Expressed Implied –Reserved

National Government

Expressed Powers  Stated in the Constitution  Article I Section 8 Clause 1-18 –27 powers given to Congress lay and collect taxes, coin money, regulate foreign and interstate trade, declare war, etc.  Article II Sections 2 and 3 –Powers given to the President  Article III –Powers given to the Courts  Amendments

Implied Powers  Not stated, but are reasonably implied by the powers that are stated  Article I Section 8 Clause 18 –elastic clause –The “Necessary and Proper” Clause has come to mean expedient and convenient –Regulate interstate commerce

Inherent Powers  Belong to National Government because it is a national government  really not that many  Regulate immigration, acquire territory, give diplomatic recognition, protect nation from rebellion or internal subversion

Denied Powers  Expressly Denied –most in Article I Section 9 and Amendments 1- 8 –Can’t levy duties on exports, can’t deny freedom of speech, press, assembly, etc.  Denied by Silence –National government can’t have these powers because the Constitution doesn’t give them these powers. –Create public school system, enact a uniform marriage law, set up local governments, etc.

States

Reserved Powers  10th amendment –Those powers not delegated to the National Government are reserved to the States Can regulate marriages, liquor, licenses, set up public schools, regulate divorces, etc.

Denied Powers  Expressed –Article I Section 10 –Can’t enter into treaties, alliances, or confederations, can’t print money, or deny due process  Implied –can’t do anything to jeopardize the federal system like tax the federal government

Levels of Power  Exclusive powers –held only by the National Government –coin money, make treaties, lay duties  Concurrent powers –held by both State and National Government –lay and collect taxes, define crimes, set punishments, take private property for public use

Supreme Law of the Land  Article VI Section 2 –Supremacy clause - Constitution is supreme in all cases  Constitution –Laws of Congress and treaties State constitutions –State laws local ordinances

Role of the Supreme Court  Umpire of the Federal system  McCulloch v. Maryland  John Marshall –Key role in preserving federal system

National Government’s Obligation to the States  Article IV Section 4  Guarantee republican form of government  Protection from invasion or domestic violence  Respect for territorial integrity

Admitting New States  Article IV Section 3  Only Congress can admit  Procedure –Area petitions Congress –Congress passes enabling act directs writing constitution –Constitution prepared and approved by voters in territory –Act of Admission  Conditions may be placed on admission but once in on equal footing

Federal Cooperation  National to State –Grants-in-aid –Block Grants –Revenue sharing –Other FBI Disaster relief  State to National –Elections –Naturalization –Police cooperation

Cooperation Among States  Article IV Section 1 and 2  Interstate Compacts  Full Faith and Credit  Extradition  Privileges and Immunities