1. 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

2. 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.

3. Figure 2.2- Separation of Powers
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4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

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

11. 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

12. 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

13. 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.

14. 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.

15. 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

16. 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.

17. 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.

18. Table 2.2- Federalists and Anti-Federalists
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19. “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

20. 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.

21. Figure 2.3- Amending the Constitution
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22. 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

23. Table 2.1- Articles and the Constitution
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