Government, Chapter 3

The Constitution

How does the specific parts of the Constitution work to create limited government

and an effective democracy?

The US Constitution

• The key principle of the constitution is to divide power among three branches of government. Checks and balances.

• To prevent tyranny.

• Inspired by British government, by the relationship between Parliament and monarch.

• It establishes a republic (people elect their representatives)

• It lays down the right of the people and what they can expect of their government.

Structure and Principles• Structure- divided into 3 parts

Preamble, Articles, and the amendments. In only 7,000 words.

• Part I: Preamble- introduction, why it was written. It contains 6 goals.

• In order to form a more perfect union

• Establish justice

• Insure domestic tranquility

• Provide common defense

• Promote general welfare

• Secure the blessing s of liberty

Structure and Principles cont.• Part II: Articles- (7 divisions with

covering a general topic)

• Articles I II III create the 3 branches of national government. Articles are dived in sections.

• 1- Legislative branch: Make Laws

•Section 1 creates the US Congress

•Section 2 and 3 details about the houses of Congress—the House of Representatives and the Senate.

•Other sections, the procedures for making laws, list the types of laws Congress may pass, and powers the Congress has.

Structure and Principles: Part II cont.

• 2- Executive branch: Carry out and enforce laws passed by Congress.

•Section 1 of Article II states: “The executive Power shall be vested in a President of the United States of America.”

•This sec. and the ones that follow:

•detail the powers and duties of the presidency

•Describes qualifications for the office and procedures for electing the president,

•Provide for a vice president.

Structure and Principles: Part II cont.

• 3- Judicial branch: Rule on Constitutionality of laws and actions.

•Article III, Section 1, establishes a Supreme Court to head the judicial branch.

•Gives national government power to create lower federal courts.

•Section 2 outlines the jurisdiction/authority of the Supreme Court and other federal courts to rule on cases.

•Section 3 defines treason against the US.

Structure: Articles cont.• 4. Relationships between States

• Article IV, Sec. 1, explains the relationship between the states and to the national government.

•Requires each state to give citizens of other states the same rights as it own citizens,

•addresses admitting news states,

•guarantees the national government will protect the states against invasion or domestic violence.

Structure: Articles cont.• 5. Regarding Amendments:

instructions for amending/changing the Constitution.

• 6. Contains the supremacy clause- establishes that the Constitution, Laws passed by congress, and Treaties are “the supreme law of the land.”

• 7. Addresses ratification- declares that the Constitutions would take effect after it was ratified by 9 of 13 the then States.

Structure: Part III AmendmentsAmendments/changes- the Constitution

has been amended 27 times in all through the nation’s history.

• This process provides a way for the Constitution to remain responsive to the needs of a changing nation.

• first 10 are the Bill of Rights.

Major Principles• Constitution is based on these concepts

• 1- Popular Sovereignty- ruled by the people, consent of the governed. Authority flows from the people.

• 2- Federalism- power is dived between national and state government

• Both levels have their own agencies and officials, both pass laws that directly affect their citizens.

• In 1787, federalism represents a way to forge a union and yet limited central power.

• In US, the national government acts for the country, while states exerts power over local matters.

Major Principles cont.

• 3- Separation of Powers-the Constitution limits central government by dividing power amongst the 3 branches of government. Each branch has duties, preventing any single one from gaining too uh power.

• 4- Checks and balances- each branch exercises some control over the others. Example:

• Congress passes laws

• President can reject/veto its legislation

• Congress can then override the veto by 2/3s vote of each house

Major Principles cont.

• 4- Checks and balances cont.-

• Federal courts restrain Congress by ruling on the constitutionality of laws.

• Judicial branch is balanced by the president’s power to appoint federal judges.

• The president’s power is balanced by the Constitution’s requirement that the Senate approve appointments.

• ALL IN ALL- they share power.

Major Principles cont.• 5- Judicial Review- the power of the

Supreme Court to declare laws and actions of local, state, or national government unconstitutional.

• All federal courts may declare a law unconstitutional.

• In turn, a case involving a constitutional issues can be appealed all the way to Supreme Court (the highest court).

• Any acts the Court declares unconstitutional are void.

•Marbury v. Madison 1803 clearly established the principle of judicial review.

Major Principles cont.• 5- Judicial Review cont.

• This principle is important:

• It delineate the ways in which a Supreme Court ruling can be changed.

•1st the Court itself changes its view

•2nd the congress—the people’s representatives—proposes an amendment to the Constitution, which is then ratified by the states.

Major Principles cont.• 6- Limited Government—How is it

reflected in the Constitution?

• It is reflected by the fact that the Constitution specifically lists the powers the government is allowed as well as the powers that are prohibited.• Ex. the first 10 amendments set

specific limits in areas of freedom of expression, personal security, and fair trails.

“My fellow Americans, our long national nightmare is over.

Our Constitution works; our great Republic is a government

of laws and not of men. Here the people rule.”

—Gerald R. Ford 1974 inaugural speech

http://www.historyplace.com/speeches/ford-sworn.htm

When all things come together, no one is above the law

Section 2: Three Branches of Government

Legislative Branch: 2 houses, created by Article I

• The Senate: represents broad interests of states

• House Representative - The voice of the people.

• Expressed/enumerated powers are in Article I, Section 8. number 1-18.

• 5 deals with economic matters

• 7nprovide defense

• Section 8 also deals with establishing courts post offices and courts.

Section 2: Three Branches of Government

Legislative Branch cont.:

• Last enumerated power is elastic clause- it allows congress to stretch its powers to meet situations founders could not anticipate making laws “necessary and proper” to carry out expressed powers in Article I.

• How far can Congress go?

• First addressed in 1819, in the case of McCulloch v. Maryland.

•Court decided clause gave Congress the right to make any laws necessary to carry out its other powers.

The Executive Branch

• The office of the presidency was a response of the Articles of Confederation.

• Initially, very vague powers

• Article II: “The executive Power shall be vested in a President of the United States of America.” Scholars call the this sentence the “wild card,” in that the presidents powers can be played in different ways.

The Executive Branch cont.

• Article II, Sec. 2 & 3– Ten specific powers listed

1- Commander in Chief

2- Appoints heads of executive department

3- Pardons people convicted of federal crimes

4-Treatiees with foreign nations

5- appoints ambassadors

6- delivers annual state of the Union message to Congress

The Executive Branch cont.

7- Calls Congress into special sessions

8- meets with heads of states, ambassadors, other foreign officials

9- commissions all military officers of US

10- ensure that laws passed by congress are executed

Presidency Now and Then

• 1789 presidential government was a novel idea.

• George Washington was the likely choice, he was not to enthusiastic about it. He had little to do.

• Today, a president’s schedule are timed minute to minute

• They have a White House staff numbering in the hundreds made up of executive branch employees

• A fleet of aircrafts stand by at the ready for the president

Judicial Branch• If judged by the length of Article III, it

appears to be the weakest branch

• Framer were not too concern with the powers of the justices, allowing them to hold office for life

• US judiciary is made up of 2 different court systems

• Federal court system, deriving powers form the Constitution and federal laws

• State court system, deriving powers from state constitutions and their laws

• Both have their own juristdiction

Jurisdiction• It is determined by the subject matter

of the case:

• For example: Federal Court

• U.S. Laws

• Treaties with foreign nations

• Interpretations of the Constitution

• Bankruptcy cases

Then and now• Did not even have a building until 1935

• When the Supreme Court was not in session,

they travel by horseback to hear cases.

• John Jay the 1st Chief Justice

• Marbury v. Madison, 1803, as mentioned before, the case established the principle of judicial review. This elevated their status to equal among the three branches.

• In ruling on constitutional issues, the Supreme Court cannot be overturn.

• Congress can overturn their decision on a federal statue by enacting a new law.

Section 3: Amending the Constitution

• In 1787, the Constitution was written for a nation of 4 million people. Today, its flexible attributes have proved effective, able to meet the needs of changing society composed of over 300 million people.

• The founders created a Constitutions that could be adapted. They allowed for Congress and states to amend the Constitution.

• Amendment may be proposed and ratified, or approved, in a number of ways.

Section 3: Amending the Constitution cont.

• Proposing and Amendment:

• 2/3 vote in the House and Senate

• Ex: in recent years the following proposals have been made

• limit income tax

• Limit tenure of Supreme Court justices

•None of which have gained the 2/3 votes

Amending the Constitution cont.• Other way is to propose an amendment is

to call a Constitutional convention. This has been tried twice never used. This is a controversial because other issues may arise.

• Congress will use one of two methods:

• Proposed by 2/3 of Congress and ratified by ¾ of State Legislatures. 26 of the 27 amendments

• Proposed by 2/3 Congress and ratified by ¾ State conventions. Used only one time.

• 21st amendment repealed the 18th amendments of 1919 which had banned sale of alcoholic beverage

Amending the Constitution cont.• Congress sets the rules:

• Congress decides which method the states use and time.

• Current time limit to ratify an amendment is 7 years.

• If time runs out, the whole ratification process is dead.

Indirect Changes

• Amending the Constitutions is a direct method of adapting it to modern times.

• It can also be amended through indirect ways, through Congressional lawmaking. Essentially, through the ways in which the Congress interprets certain powers.

Indirect Changes cont.

• Through Law- Laws can clarify or expand certain powers.

• Ex. Article I gives Congress the power to lay and collect taxes. Over decades, Congress has expanded the tax codes’ ability to tax.

• Through Practices-Congress can shape the Constitution by the way it uses its powers. • Ex. The House may impeach federal

officials—including the president—and the Senate conducts the trial.

Indirect Changes cont.• According to Article II an official can be

removed from office if he or she is convicted of “treason, bribery, or other high Crimes and Misdemeanors.”

• By clarifying the meaning of what high crimes and misdemeanors are, Congress is shaping the Constitution.

• Congress has investigated 3 presidents on impeachments charges:

• Johnson, Clinton, and Nixon

Informal Presidential Changes• The actions of presidents have also

affected the interpretation of the Constitution.

• Presidential Succession

• 1841 William Harrison 1st president to die in office

• Vice president John Tyler took office

• In 1967, the 25th amendment clarified and set up president succession

Informal Presidential Changes cont.

• Foreign Affairs- today presidents conduct foreign affairs by executive agreement, instead of the treaty process specified in the constitution.• A treaty requires Senate approval

• Executive agreements do not

• Domestic affairs- founders planed for the executive branch/president to carry out laws initiated by Congress. Modern presidents aggressively initiated legislation.

Court Decisions

• Judicial Review-the most important device used by the Courts to interpret the Constitution.

• This is a well established method of interpreting the Constitution. (Since 1808) However, is a controversial principle.

Court Decisions cont.

Some advocate for:

• Judicial restraint- in that the Court should not take the initiative on social and political issues. Leave policy making to others.

• Judicial activism- Court should play a role in shaping policy.

• Chief Justice Earl Warren, from 1953-1969, took on many controversial cases.

Amendment to Know

27 Amendments

• 1st ten are the Bill of Rights

• 1st- Freedom of Speech, religion, press, assemble, and petition (Appeal to Congress).

• Within limits- slander and libel

• 2nd- Keep and bear arms

• 3rd- Prohibits the quartering of soldiers in homes

Bill of Rights

• 4th- Search warrants, probable cause

• 5th- Grand jury, Double jeopardy, self incrimination, and eminent domain

• 6th- Speedy trial, change of venue, and lawyer

Bill of Rights

• 7th- Jury trial

• 8th- excessive bail, excessive fine, and cruel and unusual punishment

• 9th- All rights retained by the people.

• 10th- States rights

Amendments

• Civil War Amendments- 13-15

• Suffrage Amendments (The right to vote)- 15- African Americans, 17- Vote for Senators, 19- Women, 23- Washington DC, 24- Poll tax, and 26- 18-20 year olds