1. THE CONSTITUTION HISTORY, STRUCTURE, AND PRINCIPLES

2. Constitutional Convention CONFLICTS –Va. Plan vs. NJ Plan –Should Congress or voters elect President? –3 or 7 year term for President? –Should President or Senate pick Supreme Court? –How do you count slaves? COMPROMISES –Bicameral legislature –Electoral College –4 year term –President nominates, Senate confirms justices –3/5 Compromise

3. The Structure ARTICLE I: THE LEGISLATIVE BRANCH –Bicameral Legislature: CAUTIOUS, DELIBERATE –Senate: (originally, not today) chosen by state legislatures; equal (2) representation –House of Representatives (originally, the only) directly elected popular democratic part; proportional representation –Increased powers of central government Economic: CAN tax, regulate interstate commerce Power to create federal courts, specify # of judges “necessary and proper clause” (“elastic clause”) allowed Congress to extend powers beyond enumerated powers

4. Character of Bicameral Legislature House of Reps Shorter terms (2) Lower age requirement (25) Represent district of fewer people Representation based on population REPRESENTATIVE DEMOCRACY Senate Longer terms (6) Higher age requirement (30) Represent entire state Originally chosen by state legislatures (today directly directed) FEDERALISM

5. Unique Powers House of Reps All revenue (tax) bills must start in House Impeachment of federal officials Senate Confirmation power: for federal judges, cabinet officials, Fed officials nominated by President Ratification power: Treaties arranged by President must be approved by 2/3 Senate Holds impeachment trials

6. The Structure ARTICLE II: THE EXECUTIVE BRANCH –Method of election: The Electoral College –Specific powers Commander-in-chief, commissions officers Chief Executive Addresses Congress (State of the Union)\ Receives ambassadors Granting pardons for federal crimes

7. The Structure ARTICLE III: THE JUDICIAL BRANCH –Specifically created US Supreme Court –Other federal courts created by Congress –NOT elected –Supreme Court justices given life tenure Freedom from political pressure

8. PRINCIPLES: FEDERALISM Political power DIVIDED between central government and regional governments Separate but overlapping powers Article VI: (national) Supremacy Doctrine Enumerated and implied powers: national Reserved powers: state (all but above) Effects –Diversity of public policy, experimentation –Multiple access points –Decentralization of Conflict –Inequality of government services in states

9. Principles: Checks & Balances Congress: Can override veto, can start the amendment process, controls appropriations (money) –Senate: ratifies treaties, approves judges and cabinet officials, judges impeached officials –House: tax bills must start there, can impeach officials like President

10. Principles: Checks & Balances President –Can veto legislation passed by Congress NO “line-item veto” power= separation of powers –Appoints all federal judges –Negotiates treaties –Proposes budget –Pardon power –Can call Congress into session

11. Principles: Checks & Balances Judicial Branch –Judicial Review: Can declare laws or executive actions unconstitutional –First example: Marbury v. Madison –McCulloch v. Maryland: The Judiciary interprets the Constitution

12. Principles: Limited Government Limits/liberties in original Constitution –Right of trial by jury guaranteed –Habeus Corpus rights cannot be suspended (unless emergency) –No bills of attainder –No ex post facto laws –No religious test –BILL OF RIGHTS PROTECTIONS ADDED AFTER RATIFICATION

13. Disability Access Conflicts over Federalism 1990: Congress passes Americans with Disabilities Act (ADA) Congress requires businesses, state and local governments to provide disabled with “equal access” Problems: –No clear definition of “equal access” –No plan of administration –No estimate of costs –Unfunded Mandate: Congress gave states no $