Post on 03-Jan-2016
THE CONSTITUTION
HISTORY, STRUCTURE, AND PRINCIPLES
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
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
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
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
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
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
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
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
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
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
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
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 $