1. Origin & Development of The US Constitution
Module 1.5.1
Structural Logic of the US Constitution

2. The Basic Principles of Government in the US
Natural Rights
Equal rights to life, liberty, pursuit of happiness
Rule of Law: no person or persons are “rulers”
Government by consent of governed
Controlling the effects of faction
Representation and freedom to petition
Federalism: Multiple simultaneous governments
Separation of powers into legislative, executive and judicial departments
Legislative balances/checks

3. The Constitutional Engine
Article I: Legislative
(50%)
Article II: Executive
(25%)
Article III: Judicial
(12%)
Structure
Sections 1-5
Function
Sections 6-7
Powers
Section 8
Limits
Sections 9-10
Structure
Section 1
Function
Section 2-3
Powers
Limits
Section 3-4
Structure
Section 1
Function
Section 2
Powers
Limits
Section 3

4. The Constitutional Engine
Article IV:
Horizontal Interstate Relations
Article V: Amendment
Article VI:
Vertical Federative Relations
Article VII:
Ratification
Section 1
Section 2
Section 3
Section 4
Proposal
2/3 both houses of Congress
National Convention
States Ratify
¾ state legislatures
Convention in ¾ of all states
Function
Section 1
Powers
Section 2
Limits
Section 3
Conventions of 9 states sufficient to ratify

5. The Bill of Rights Amendments 1-3: Legislative
Amendments 2-5: Executive
Amendments 5-8: Judicial
Religion
No establishment
No prohibition of free exercise
Expression
Speech
Press
Assembly
Petition
Sovereign Defense
No infringement of right to keep and bear arms
No quartering of soldiers in any house without Owner’s consent
Sovereign Defense
No infringement of right to keep and bear arms
No quartering of soldiers in any house without Owner’s consent
Security of persons, houses, papers & effects against unreasonable Search & Seizure
Warrants
Require Probable cause
Require specific description of search & seizure details
Accusation of certain crimes require Grand Jury indictment
Capital crimes
Felony crimes
Exception: military cases in time of war or public danger
No mandated witness against self
No double jeopardy of life or limb
No loss of life, liberty or property without due process of law
No taking private property for public use without just compensation
Sovereign Defense
Accusation of certain crimes require Grand Jury indictment
Capital crimes
Felony crimes
Exception: military cases in time of war or public danger
No mandated witness against self
No double jeopardy of life or limb
No loss of life, liberty or property without due process of law
No taking private property for public use without just compensation
Due Process of the accused
Speedy, public trials
Impartial local jury
Informed of nature/cause of accusation
Confront witnesses against
Obtain witnesses in favor
Have assistance of defense counsel
Civil suits at common law
Jury trial in cases >$20
No reexamination except according to common law
Limited Penalties
No excessive bail
No excessive fines
No cruel and unusual punishment

6. The Bill of Rights as Limits Against Federal Government
Against Congress:
1,2,3
Against
the Executive:
2,3,4,5
Against
the Courts:
5,6,7,8
Powers Reserved to States or the People: 10
Rights Originate with People: 9
Further
Limit Against Congress: 27
(Proposed 1790, ratified 1992)

7. Antebellum Amendments
Limits Federal Courts
Non-citizens of a state v. a State = not Federal Jurisdiction
Amendment 12
Modifies Electoral College ballot
Electors cast two ballots
1 for POTUS
1 for VPOTUS
Most votes wins if majority
If no majority for POTUS, HR chooses from top 3
If no majority for VPOTUS, Senate chooses from top 3

8. Reconstruction: Limits on State Power
Amendment 13
Limits slavery or involuntary servitude
Except as a punishment for crimes for which one has been duly convicted
Implies power to incarcerate through due process of law
Grants Congress enforcement power through legislation
Amendment 15
Limits the US and States
From denying suffrage to citizens
On account of “race, color, or previous condition of servitude”
Acknowledges suffrage as a right
Grants Congress enforcement power through legislation
Amendment 14
Defines US and state citizenship
Limits states
From denying due process
Equal protection of the laws
Privileges & immunities of citizenship
Disqualifies rebels from holding federal office
Exempts US from assuming debts incurred by rebel states
Grants Congress enforcement power through legislation

9. The Progressive Amendments: Expanding Central Government Power
Redefines composition of the Senate
Senators directly elected in states
Disconnects state legislatures from Senate
Amendment 16
Grants Congress power to tax incomes from any source
Disconnects taxation from apportionment
Amendment 18
Prohibits manufacture, sale and transportation of intoxicating liquors for beverage purposes
Grants concurrent enforcement power to US & states
Sunset provision
Mandates state legislature action to ratify within 7 years
Amendment 19
Limits the US and States
From denying suffrage to citizens
On account of sex
Acknowledges suffrage as a right
Grants Congress enforcement power through legislation

10. Federal Modifications
Amendment 20
POTUS & VPOTUS terms set to begin January 20
Congressional terms set to begin January 3
Congress must meet at least once a year
VPOTUS takes POTUS if
POTUS-elect dies before beginning of term
POTUS-elect disqualifies for office or until a POTUS qualifies
Congress has power to establish method of succession
In case neither POTUS nor VPOTUS qualify
In case of death of any whom HR may choose for POTUS should the right devolve to them
In case of death of any whom Senate may choose for VPOTUS should the right devolve to them
Effective date set
Sunset clause: Mandates state legislature action to ratify within 7 years
Amendment 21
Repeals Amendment 18
Devolves prohibition power to States
Mandates state convention action to ratify within 7 years
Amendment 22
Limits POTUS to two elected terms
Limits acting POTUS to one term if succession occurred in the first half of the previous POTUS term
Sunset clause: Mandates state legislature action to ratify within 7 years
Amendment 23
Establishes Electors for District constituting Seat of US Government
Limits number of Federal District electors to the number of the least populous state
Grants Congress enforcement power through legislation

11. Further Suffrage Modifications
Amendment 24
Limits the US and States
From denying suffrage to citizens
On account of failure to pay a poll tax or other tax
Acknowledges suffrage as a right
Recognizes primary elections
Does not necessarily extend to elections for state or municipal offices
Grants Congress enforcement power through legislation
Amendment 26
Limits the US and States
From denying suffrage to citizens
On account of having reached the age of 18
Acknowledges suffrage as a right
Grants Congress enforcement power through legislation

12. Executive Succession Amendment 25
In case of POTUS removal, death, or resignation, VPOTUS becomes POTUS
When VPOTUS vacant, POTUS nominates, both houses of Congress confirms
VPOTUS as Acting POTUS
When POTUS sends temporary disability letter to House Speaker and Senate President
When VPOTUS and majority of Cabinet or other officers chosen by Act of Congress sends temporary disability letter to Speaker and President of Senate
POTUS returns to office
Sends written declaration of ability to House Speaker and Senate President
unless
VPOTUS and majority of Cabinet or other officers chosen by Act of Congress sends declaration of POTUS disability to Speaker and President of Senate within 4 days of POTUS declaration of ability
Congress determines dispute
within 48 hours if in session, 21 days if not in session
2/3 majority both houses determine POTUS disability

13. Policy implementation
Executive Agencies
Congress
Federal Courts
House of Reps
Senate
PotUS
By District
(2-year cycle) 3
Electoral College 2
4 year cycle
6 year cycle
Policy implementation 1
Organized Interests
(IGs, NGOs, Parties)
Voters