STRUCTURE, POWERS, APPLICATIONS THE CONSTITUTION OF THE UNITED STATES.
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Transcript of STRUCTURE, POWERS, APPLICATIONS THE CONSTITUTION OF THE UNITED STATES.
PRINCIPLES OF THE CONSTITUTION
• What are the principles of the Constitution taken from English political heritage and Enlightenment philosophers?
THE CONSTITUTION
• The Constitution is divided into Articles – or sections that describe different aspects of the United States Government • Today we will be introducing the first three
Articles • Article I – Legislative branch• Article II – Executive branch• Article III – Judicial branch
ARTICLE I
• Article I of the U.S. Constitution establishes the Legislative branch• Bicameral legislature (United States Congress)• House of Representatives – 435 members• Senate – 100 members
• Purpose: Make the laws of the country
ARTICLE I
• Essential powers of the legislative branch: • Introduce bills • Collect taxes• Regulate commerce and trade • Coin money• Declare war • Confirm presidentialnominations (Senate)• Impeach President and federal judges• Overturn Presidential vetos
ARTICLE II
• Article II establishes the Executive branch• Office of the President and the Executive branch• Nominate Cabinet officials• Executive department officials
• Purpose: Execute the laws of the nation
ARTICLE II
• To help carry out day-to-day operations and enforcement of federal laws the Executive branch includes federal departments
• The most important are called “Cabinet departments” • Department of State• Department of Defense• Department of Interior• Department of Education
• Purpose of departments: more specific responsibilities for carrying out federal laws and aspects of federal government
ARTICLE II
• Essential powers of the President• Sign, introduce, and veto bills • Commander-in-chief of the armed forces• Appoint Cabinet officials• Negotiate treaties with foreign nations• Appoint federal judges (Supreme Court and lower courts)• Execute laws of the nation• To help accomplish this the President can issue “Executive
Orders” or “Executive Acts” – directives to federal agencies, issued by the President, that have the backing of the law; does not require Congressional consent
ARTICLE III
• Article III of the Constitution establishes the Judicial branch• Supreme Court of the United States is only court
established by the Constitution • Article III give the power to create lower federal
courts to Congress
• Purpose: An idea called judicial review • Definition: A court's authority to examine an executive or
legislative act and to invalidate that act if it is contrary to constitutional principles.
• In simpler terms: Review executive acts and laws passed by Congress to determine if they violate the Constitution
CHECKS AND BALANCES
• The Constitution established checks and balances between the three branches• Each branch has powers that can “check” the powers of
the others; in order to “balance” the powers of the individual branches
“POWER GRAB” GAME
• You will divide into three teams• Each team will represent a different branch of the government• Legislative• Executive • Judicial
• In each round each branch will be given an opportunity for an unconstitutional “power grab”
• The other two groups will have 2 minutes to find proof that the “power grab” is unconstitutional using the Constitution • When you have found the Constitutional clause or amendment that
prohibits the “power grab” yell ‘check’ and immediately give your answer• If wrong the other group will have the remainder of the time to find the
correct answer
• When the “power grab” is checked correctly, that group receives 10 points; If no one gets the correct answer, the branch grabbing power receives 5 points
“POWER GRAB” GAME
• Ex:
• Courts: A male teacher sues over racial discrimination by taking the case directly to the Supreme Court; the Supreme Court immediately hears his case
• The other two groups (executive and legislative), will use the Constitution to find where this action is prohibited• Since it deals with the Supreme Courts powers, start by looking in
Article III• Article III, Section 2, Clause 2 says all cases not involving a
foreign ambassador or a state must be heard by lower courts first
“POWER GRAB” GAME
• Ex 2:
• President: The President decides that Congress will meet in regular session on December 15 each year
• The other two groups (Legislative and Judicial) will search the Constitution for how this decree violates the Constitution• This one is actually found in an amendment – Amendment
20, Section 2 sets the start date for Congressional sessions as January 1, unless the date is changed by Congress – not the President
“POWER GRAB” GAME
• Round 1: • President: The President declares war on China• Answer: Article I, Section 8, Clause 11 states only Congress can
declare war
• Congress: Congress decides to impeach President Obama with the President Pro-Temp of the Senate presiding over the hearings• Answer: Article I, Section 3, Clause 6 states that the Chief Justice
of the Supreme Court presides over trials of the Pres.
• Courts: The Supreme Court rules that because of our large national debt, Congress may no longer borrow money• Answer: Article I, Section 8, Clause 2 gives Congress the power to
borrow money
“POWER GRAB” GAME
• Round 2• President: A serious economic crisis hits the United States
at the end of the Presidents second term; the President runs for a third term• Answer: The 22nd Amendment prohibits anyone from being elected
as President more than twice
• Congress: Congress passes a law that all suspected terrorists be tried without legal counsel to represent them• Answer: The 6th Amendment says all that are accused of a crime
may have the “Assistance of Counsel for his defence”
• Courts: The Court rules that income tax is illegal and you don’t have to pay• Answer: The 16th Amendment give Congress the power to collect
taxes on incomes
“POWER GRAB” GAME
• Round 3: • President: The President appoints Dan Evans to Senator
Adams’ seat when he resigns mid-term• Answer: Article I, Section 3, Clause 2 says the Governor of the State
the Senator vacancy occurs appoints a replacement (17th Amendment also a correct answer – the Governor must call a special election)
• Congress: Congress passes a law taking 10% of the value of lumber being exported from Vermont• Answer: Article I, Section 9, Clause 5 forbids Congress from taxing
goods exported from any state
• Courts: The Courts find Suspect A guilty of treason on the basis of one witness • Answer: Article III, Section 3, Clause 1 says no person shall be
convicted of Treason unless on the Testimony of two Witnesses
“POWER GRAB” GAME
• 4th Round (points doubled)• President: Your land is in the way of a federal highway, so
the President takes your land without compensation• Answer: The 5th Amendment states “no private property shall be
taken for public use, without just compensation”
• Congress: Congress passes a law that says people from Oregon may not drive cars in Washington due to pollution• Answer: Article IV, Section 1, Clause 1 says that citizens travelling
from state to state are entitled to the rights and freedoms that automatically go to the citizens of those states
• Courts: A foreign ambassador to Spain is charged with a crime and tried in a New York court• Answer: Article III, Section 2, Clause 2 states that the Supreme
Court has original jurisdiction in trials involving foreign ambassadors
AN ENDURING DOCUMENT
• “Each generation is as independent as the one preceding….It has then, like them, a right to choose for itself the form of government it believes most promotive of its own happiness” – Thomas Jefferson
• It was up to future generations to address issues that may arise – but the process was intentionally made difficult • Article V of the Constitution establishes the process
for amending the Constitution• Amendment: A formal revision to the Constitution,
responding to the needs of a changing nation
AMENDING THE CONSTITUTION
• Two methods of amending the Constitution
Amendments can be proposed by
or
Congress
With a two-thirds vote in each house
National Convention
Called by Congress at the request of two-thirds of the state legislatures
AMENDING THE CONSTITUTION
• Two methods of amending the Constitution
Amendments can be ratified by
State Legislatures¾ of the states
legislatures must approve
Legislatures may call for a vote of citizens before it votes on the amendment
ConventionsCitizens elect delegates to
convention to vote on amendment
¾ of state conventions must approve the amendment
or
AMENDING THE CONSTITUTION
• Over 10,000 attempts to amend the Constitution have been suggested or proposed in Congress• Of those 10,000 only 33 (.3%) have been passed
by Congress and sent to the states for ratification • Of those 33 only 27 amendments have been
ratified and added to the Constitution
BILL OF RIGHTS
• Remember that Anti-Federalists demanded a Bill of Rights be added to the Constitution to ensure ratification• Following ratification a total of 210 suggestions
for amendments were proposed• James Madison drafted 12 amendments that were
passed and sent to the states• 10 of these were ratified and added as The Bill of
Rights
BILL OF RIGHTS
• The amendments present in the Bill of Rights fell under three different categories
Bill of Rights
Individual Freedoms
Protection from Government
Power
Rights reserved for the states
REVIEW
• 1) Name one check: • Of the Legislative branch over Executive branch• Of the Legislative branch over the Judicial branch • Of the Judicial branch over Legislative/Executive branch
• 2) What percentage of both houses are needed to propose an amendment? • 3) What percentage of states are needed to ratify
an amendment?
BILL OF RIGHTS
• What do the Bill of Rights protect? • The Bill of Rights protects citizens’ civil liberties • Civil Liberties – freedoms upon which the government
may not infringe
• Who decides what the Bill of Rights mean? • The Supreme Court makes the ultimate decision on the
meaning of the Bill of Rights• The Supreme Court balances the rights of the individual
with the needs of society
BILL OF RIGHTS
• 1st Amendment• “Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof”• Establishment Clause – The Government cannot establish
an official religion; Congress cannot pass laws that favor one religion over another
• Free Exercise Clause – Government may pass no laws restricting the practice of religion
BILL OF RIGHTS
• Supreme Court on religious clauses: • Employment Division v. Smith – group of counselors in
Oregon were fired for ingesting peyote for a Native American religious sacrament - Supreme Court ruled in favor of the Employment Division
• Reynolds v. United States – A Mormon in Utah was arrested for practicing bigamy - Supreme Court ruled against Reynolds
• Main idea: even religious beliefs and practices must follow the law
BILL OF RIGHTS
• 1st Amendment• “Congress shall make no law …. abridging the freedom of
speech”• Congress cannot makes laws censoring citizens’ speech;
even speech that is critical of the Government• Schenck v. United States – During WWI a citizen was arrested for
passing out flyers instructing people to boycott the draft if selected – Supreme Court ruled the arrest was Constitutional
• Tinker v. Des Moines – Students wore black armbands in protest of the Vietnam War and were suspended from school – Supreme Court ruled in favor of the students
• Main idea – Speech is protected as long as the consequences of speech does not intend to breaking the law
BILL OF RIGHTS
• “Congress shall make no law…..prohibiting the free exercise of the press”• Congress cannot restrict the press• New York Times v. Sullivan – New York Times ran an ad
supporting Civil Rights leaders in Montgomery with some inaccuracies, the Police Dept sued the New York Times for libel
• Supreme Court ruled in favor of the New York Times• Main idea – All press is protected, unless the author is
knowingly telling lies with the intent to harm or defame
BILL OF RIGHTS
• 1st Amendment• “Congress shall make no law..prohibiting…the right of the
people peaceably to assemble”• Congress cannot restrict citizens from peacefully
assemble as long as they are not breaking the law
• “Congress shall make no law..prohibiting..the right of the people to petition the Government for a redress of grievances”
• Congress cannot restrict the rights of the people to “redress grievances” (complain) to Government or ask the Government for assistance
BILL OF RIGHTS
• 2nd Amendment• Protects the right to keep and bear arms• Supreme Court has ruled that states can limit weapons not having a
“reasonable relationship to the preservation or efficiency of a well regulated militia”
• 3rd Amendment• Quartering Amendment• Citizens will not be forced to quarter or shelter soldiers
• 4th Amendment• Protects the people from unreasonable search and seizures• Warrants with probable cause required
• T.L.O. v. New Jersey – High School student was caught smoking in bathroom, Principal searched her bag when he saw rolling papers and found marijuana, student sued on grounds of illegal search – Supreme Court ruled for the school – students have decreased expectations of privacy
BILL OF RIGHTS
• 5th Amendment• Protects the rights of those accused of committing a
crime• You can not be held without being charged with a crime• Protection from Double Jeopardy: You can not be tried for
the same crime twice• You do not have to testify against yourself (“Plead the fifth”)
• 6th Amendment • Protects the rights of those standing trial• Speedy trial – you cannot be held for a year without having
trial• The right to an impartial jury• Right of the accused to question the witnesses against him• Right to a lawyer
BILL OF RIGHTS
• 7th Amendment• Extends rights of those standing trial to civil cases• Civil cases are different from criminal cases – in civil cases
one citizen sues another for damages, in criminal cases the Government tries to convict someone of a crime
• 8th Amendment• Guarantees that punishments will not be cruel and
extraordinarily high fines will not be imposed
• 9th Amendment• All rights not stated in the Constitution, but not banned
by the Constitution belong to the states• States can essentially do what they want as long as it is not
banned by the Constitution
BILL OF RIGHTS
• 10th Amendment • Any powers not given to the federal government by the
Constitution belong to the states
FEDERALISM
• The Constitution forms a federal system, where powers are shared between the national government and state governments, in which the national government is supreme
• The powers not given to the national government are reserved for the state governments by the 10th amendment
FEDERALISM
• Powers of national government• Expressed (enumerated) powers: powers directly stated in
the Constitution• Levy and collect taxes• Make war• Regulate trade among the states
• Implied powers: Powers that are given to the national government but not specifically listed; powers that are necessary to carry out the expressed powers• Implied powers granted by the “Necessary and Proper Clause”
(Art 1, Sect 8) • “To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof”
FEDERALISM
• Powers of national government: • Inherent powers: Powers that the national government
may exercise simply because it is the national government• Diplomatic relations• Regulation of immigration
FEDERALISM
• Concurrent Powers• Powers which are shared by the national and state
governments• Power to tax• Education• Make laws and courts
• Conflicts between states and the national government are found in concurrent powers
FEDERALISM
• Powers denied to both state and national governments• Bills of Attainders: Laws which make something illegal
without a trial• Ex Post Facto laws: A law that applies after the fact;
makes conduct that was legal when it was performed illegal and punishing for committing the act
FEDERALISM
• McCulloch v. Maryland• The state of Maryland tried to tax the Bank of the United
States• Supreme Court ruled that because of the necessary and
proper clause the United States had the power to establish a national bank and could not be taxed by the states
• The decision gave Congress the right to use its implied powers to run the country more efficiently