The Constitution of the United States of

America

Unit 2: The Constitution & Federalism

Structure of the Constitution

• 1787

• Relatively simple, & brief (~4,400 words)

• Sets out the structure & power of government; does not spell out EVERY DETAIL of HOW government should work

• Left it to future generations to work out practical mechanics

• 3 parts: Preamble, the Articles, & the Amendments

The Preamble: the introduction

• Opening statement

• Explains reasons WHY the Framers made our government a republic

• Helps explain why the Constitution was written

• It is NOT the law…just an intro

The Preamble

• Let’s read it…

• https://www.youtube.com/watch?v=yHp7sMqPL0g

• Let’s break it down into separate phrases…each phrase is important in understanding the purpose of the Constitution

The Preamble

“We the people” Most often quoted part of the Constitution. Why is it so important? No such beginning to the Articles of Confederation

“of the people, for the people, and by the people” -President Abraham Lincoln, Gettysburg Address

Clearest tie to Declaration of Independence (written from the people’s perspective)…the PEOPLE give power to the government.

A SOCIAL CONTRACT

The Preamble

“In order to form a more perfect union…”Articles of Confederation too limited; new government would be better

“Establish justice…” Reasons why there was a revolution were fresh; make sure American citizens would have justice

The Preamble

“Insure domestic tranquility…” Shay’s Rebellion; keep peace within our borders

“Provide for the common defence (sic)…” Still a chance of foreign attack; No individual state could defend itself

“Promote the general welfare…” Well-being of citizens would be taken care of by Federal government

The Preamble

“Secure the blessings of liberty to ourselves and our posterity…”Help protect country’s hard-earned rights for liberty, & freedom from unjust laws & tyrannical government (for today’s citizens & future)

“Ordain and establish this Constitution for the United States of America.”Powerful statement; the PEOPLE made this document and the PEOPLE give the country its power… Officially enact this document as law

The Preamble

• Unscramble the Preamble

• Complete section B on p. 2

The Articles

7

Each covers a different general topic

LEGISLATIVE BRANCH:

MAKE LAWS

Article 1: The Legislative BranchMAKE LAWSSection 1: • Create U.S. Congress (bicameral legislature)

Section 2 & 3: Details about 2 houses • Senate: 100 members (2 per state), elected every 6 years, must be

30 years old • House of Representatives: 435 members (based on population; at

least 2 from each state), elected every 2 years, must be 25 years old

Article 1: The Legislative Branch

Section 7: • Procedures for making laws

• Lists types of laws

Sections 8 & 9

• Specifies powers Congress has/does not have

Enumerated vs. Implied Powers

Enumerated: “expressed” or direct

Implied indirect, “necessary & proper” or elastic clauseCongress has power to pass all laws necessary and proper for carrying out the enumerated list of powers

Why important?

Example:

Enumerated: DIRECT Example: Regulate interstate commerce

Implied: INDIRECTExamples:• Broadcasting is business, so commerce. • V-chips in televisions, so parents can block certain shows

Powers of Congress

Direct: Enumerated• Law making

• Declare war

• Power to tax

• Post Office

Indirect: Implied• Sets federal minimum wage

• Makes laws concerning discrimination in employment

• Military draft

EXECUTIVE BRANCH:

ENFORCE LAWS

Article 2: The Executive BranchENFORCE LAWSSection 1: Details powers & duties of presidency

• President & Vice-President (more later)• HEADS HUGE BUREAUCRACY (system developed over time)

• Cabinet members (Today: oversees 15 executive departments; Examples: Homeland Security, Education, Health & Human Services) • Head of federal agencies: Examples: Central Intelligence Agency

(C.I.A.), Environmental Protection Agency (EPA)

The Executive Branch• Describes qualifications for the office & procedures for election

Elected every 4 years

Native born At least 1 parent a citizen if born overseas, Ex. Sen. Ted Cruz (R-Texas) Born in Canada, Cuban-born father, U.S. born mother)

14 years resident of U.S.

The job of the President…

• Commander-in-Chief of armed forces

• Head of foreign policy

Has power of (these also developed over time):Executive Privilege: Resist certain subpoenas from judicial/legislative branch…way to limit access to information; Example: Pres. Nixon ANDExecutive Order: legally binding orders to federal agencies (subject to judicial review); Example: creation of Dept. of Homeland Security

Judicial Branch: INTERPRET LAWS

Article 3: The Judicial BranchINTERPRET LAWSSection 1: Establishes Supreme Court• 9 justices, including Chief Justice (Today, John Roberts)• Appointed by President, confirmed by Senate• Stay in office until death, resignation, impeachment

Section 1: Creation of lower federal courts• District courts (94)• 13 Judicial Circuits; each with a Court of Appeals• Appointed by President, serve indefinitely and/or “good behavior”

Article 3: The Judicial Branch

Section 2: • Outlines jurisdiction (“authority”) of Supreme Court & federal courts

Section 3: • Defines treason against the United States (2 witnesses)

Main job of Supreme Court?

• Determine if laws are CONSTITUTIONAL

• This is called JUDICIAL REVIEW

• Not a part of the original Constitution.

Article 4: Relations among states• Relationship of states to one another; recognize laws of other states

(Example: driver’s licenses or marriage)

• Each state gives citizens of other states the same rights as its own (equal treatment)

• Admission of new states

• National govt. protects states against invasion or domestic violence

The Constitution

Article 5: Amending the Constitution• Made it difficult• 2/3 majority needed in Congress to propose • ¾ (38 states) must accept before it becomes law

Article 6: “Supremacy clause”• The Constitution, Congressional laws, & treaties of U.S., “shall be the supreme

Law of the Land” (when in conflict with states)

Article 7: Ratification• 9/13 states needed to approve (39 signed, 9th New Hampshire! 1788 went into

effect)

Checks & balances

• Enables each branch to limit the powers of the other 2 branches

• Rare to have direct clashes among the branches

• Example: Presidential veto (checks legislative branch) Most vetoes? President Franklin D. Roosevelt – 635 President Obama- 2 (7 President’s have 0)

Journal #7

Name (1 pt)Date (1 pt)Copy question (1 pt)Answer (7 pts)

What are some of the strengths of the U.S. Constitution that has allowed it to survive the test of time?

Example of division of powersSame-sex marriage…what happened this week?

Supreme Court refused to hear cases from 5 states (Indiana, Oklahoma, Virginia, Wisconsin, & Utah)

These states were appealing rulings from lower federal courts

States seeking to keep same-sex marriage ban in place

Utah: 10th Circuit Court had ruled ban violated 14th amendment (guarantees equal protection under the law & due process)

Current events

• “Denial of certiorari” (judicial review; a higher court reviewing a lower court decision) (pronounced: “shersh-aire-rear-ee”)

• Legalized same-sex marriage in 11 new states (30 total); Colorado, Wyoming, Kansas, West Virginia, North Carolina, & South Carolina

• These states were under the jurisdiction of the same federal courts that the original cases were decided.

Why didn’t the Supreme Court hear these cases?• Clear signal of Supreme Court’s intention?

• Were states’ cases weak?

• May not be ready to hear these cases? Allow lower courts to continue in appeals.

• Still has cases before them:6th Circuit in Cincinnati (Kentucky, Michigan, Ohio, Tennessee)9th Circuit in San Francisco (Idaho, Nevada)

Supremacy clause

"It deserved a hearing at [the Supreme Court] level to argue, ‘Do states have the authority to define marriage?”-Gary Herbert, Utah Governor

"We are a state and a people who believe in upholding the law of the land, and that has been determined for us today in a way that may not be satisfactory for some, but it is the law of the land…We are all Utahns. I hope we will exercise a great deal of kindness, caring and understanding.“-Sean Reyes, Utah Attorney General

In-class assignments

• “Who’s got the Power?”

• U.S. Constitution: A Document of Numbers