UNIT 2 The Constitutional and Federalism Chapters 3 & 4 CONSTITUTIONAL PRINCIPLES The Constitution Goals: Form a perfect Union Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty Constitutional Principles Popular Sovereignty Limited Government: Powers and functions of government are restricted by the U.S. Constitution and other laws Rule of Law: Every member of society, including the ruler or government, must obey the law and is never above it Separation of Powers Constitutional Principles, contd Checks and Balances: System that gives each branch of government the power to change or cancel acts of another branch, no branch is more powerful than another Judicial Review: Courts have the power to determine whether the actions of the legislative and executive branches of government are constitutional Constitutional Principles, contd Federalism: Powers of government are distributed between the national government and state governments What is an acceptable distribution of powers? Article I Section 8: Necessary and Proper Clause Article IV: Supremacy Clause Bill of Rights The first ten amendments to the Constitution Protect civil liberties/rights First Amendment Freedom of: Religion Speech Press Right to: Assemble Petition the government Establishment Clause The government cannot establish an official religion This is the basis of the separation of church and state Second Amendment Right to keep weapons Prevents national government from seizing weapons from state militias or the national guard Third Amendment Prevents the government from requiring citizens to house soldiers during peacetime Fourth Amendment Protects from unreasonable search and seizure by the government/law enforcement Must have probable cause and usually a search warrant Fifth Amendment Protects people accused of crimes Protects against double jeopardy: If a person has been found innocent of a crime they cannot be tried again (for the same crime) Protects against self- incrimination: One cannot be forced to testify against him/herself in court Fifth Amendment, contd Government cannot deprive anyone of life, liberty and property without due process of law: Procedural: Govt must use fair practices in enforcing laws Substantive: Laws must be fair (constitutional) Sixth Amendment Rights of those accused of crimes: Speedy trial Impartial jury Must be informed of charges Entitled to a lawyer Witnesses to testify on their behalf Seventh Amendment Civil cases: Contractual disputes Damage to an individual or group A jury trial is guaranteed if the value of the controversy exceeds $20 Eighth Amendment More rights of the accused: Courts cannot set excessive bail/fines Forbids cruel and unusual punishment Ninth Amendment States that Americans have many more rights than listed in the Constitution Privacy To join political groups Campaign for public office Travel freely around the country Tenth Amendment Powers not specifically given to the national government NOR prohibited by the states belong to the states or the people States are responsible for safety, health, education, etc. Amending the Constitution Jefferson believed that the Constitution should be able to be amended (changed) as circumstances evolve Madison was hesitant to agree, believing this could cause citizens to question the authority of the document as well as divide the country into factions Amendment Process Process is not easyfor a reason! Described in Article V: Two ways of proposing and amending the constitution Proposing an Amendment: Congress: With 2/3 of House and 2/3 of Senate Delegates: At a national convention called by congress at request of 2/3 of state legislatures Amendment Process, contd Ratifying an Amendment: Voted on by state legislatures, passed by of states Citizens elect delegates to conventions called in each state specifically to consider the amendment, passed by of states IMPORTANT AMENDMENTS Reconstruction Era Amendments 13 th : Ended slavery 14 th : Defined citizenship/States cannot deny due process 15 th : Voting Rights for African American men 13 th Amendment Before: After the war, Lincoln needed to reconstruct the Confederate states The big issue: How do we unify the United States again? After: 13 th Amendment abolished slavery Wasnt originally part of Lincolns plan Now scene 14 th Amendment Before: Even though slaves were now free, Southern states still tried to infringe upon their rights There was no law saying that STATES couldnt deny due process After: 14 th Amendment had two MAIN parts: 1) Defined citizenship 2) Protected against states infringement on the rights of citizens 15 th Amendment Before: Newly freed slaves were free and were granted citizenship, but there was no specific protection for voting rights After: 15 th Amendment extended the right to vote to citizens regardless of race, color, or previous condition of servitude Meaning even if you USED to be a slave, you can vote now! Progressive Era Amendments 16 th Amendment: Federal Income Tax 17 th Amendment: Direct Election of Senators 18 th Amendment: Prohibition 19 th Amendment: Womens Suffrage 16 th Amendment Before: The Gilded Age led to a HUGE gap between the rich and the poor This misdistribution of wealth was a major problem The Progressive Party took up the cause After: 16 th Amendment allows the federal government (Washington, DC) to levy an income tax Each year, we must file our income taxes by April 15th 17 th Amendment Before: The Gilded Age allowed for the rise of corrupt party bosses to control local and state politics Example: Boss Tweed at Tammany Hall in NYC Citizens did not have the right to vote for their own senators Instead, the state legislatures voted for senate After: 17 th Amendment allowed for the direct election of senators by the people. 18 th Amendment Before: Many Americans felt that alcohol was the cause of poverty and destruction of family life Carrie Nation and her ax After: 18 th Amendment banned the manufacture, sale and transportation of alcohol throughout the country Volstead Act: Used to implement the 18 th Amendment Unfortunately, it led to lower tax revenue and paved the way for organized crime Al Capone, speakeasies, rum-running, bootlegging, etc. Prohibition: The History Channel Voting Amendments 15 th Amendment: African American male suffrage 19 th Amendment: Womens Suffrage 24 th Amendment: Prohibits poll taxes 26 th Amendment: Reduced the voting age 19 th Amendment Before: Since the creation of this nation, women have struggled for the vote and been told to wait their turn Susan B. Anthony, Alice Paul, Lucy Burns, Carrie Catt After: 19 th Amendment extended suffrage to women Iron Jawed Angels 24 th Amendment Before: Even though African Americans had constitutional protections to vote, many, especially in the South, were still disenfranchised This means they were deprived of their rights Examples: Poll taxes African Americans had to PAY money to vote! Brief history of the poll tax After: 24 th Amendment prohibited the use of poll taxes in federal elections You cannot be forced to pay a fee or tax to vote! 26 th Amendment Before: Voting age nationally was 21 In the midst of the Vietnam Conflict, young men who were 18 years old were being drafted to fight They could fight and die for their county, but couldnt even vote for the politicians who sent them to war! Many protests occurred Kent State University After: 26 th Amendment extended the right to vote to citizens who were 18 or older Terms & Elections Amendments 12 th Amendment 20 th Amendment 22 nd Amendment 23 rd Amendment 25 th Amendment 12 th Amendment Before: Every candidate who ran for President ran on their own, regardless of political party The Electoral College would pick two of these candidates, one for President and one for Vice President A President could be stuck with a VP from another political party! After: Electors pick a President AND a Vice President on a ballot Running mates stick together! 20 th Amendment Before: Presidential and congressional elections take place in November The newly elected President and Congress wouldnt take office until March of the FOLLOWING year Almost four months later! Much of this was due to lack of sufficient transportation Politicians who were voted out of office got lazy for several months (Lame Duck) After: 20 th Amendment shortened the time between elections and inauguration President takes office on January 20 th of the following year Advancements in transportation made the transition easier 22 nd Amendment Before: There were no term limits on Presidents FDR was elected FOUR times to office After: 22 nd Amendment established a two-term tradition 23 rd Amendment Before: Electoral College (who is responsible for actually picking the President) was originally based ONLY on electors who represented states DC isnt a state, but as its population grew, the people there wanted to be represented After: 23 rd Amendment allowed residents of DC to have the opportunity to vote for electors in Presidential elections 25 th Amendment Before: It was never really clear in the Constitution that the Vice President would take over for the President Its happened in the past, but there were no clearly defined rules JFKs assassination; FDRs death After: 25 th Amendment clarified that a successor to the presidency was designated as President of the United States and included rules for filling the office of Vice President Also, in case the President is sick or disabled, the 25 th Amendment outlines procedures on how to handle that Unique Amendments 11 th Amendment 21 st Amendment 27 th Amendment 11 th Amendment Before: Chisholm v. Georgia: In South Carolina, Alexander Chisholm tried to sue the state of Georgia in the Supreme Court over money due to him from the Revolutionary War Individuals from one state could sue another state After: 11 th Amendment says that citizens of one state CANNOT sue another state Limited jurisdiction of the federal courts 21 st Amendment Before: The Volstead Act implemented the 18 th Amendment of prohibiting alcohol The law was very difficult to enforce and criminal activities boomed Effects of the 18 th Amendment Effects of the 18 th Amendment After: 21 st Amendment repealed the 18 th Amendment Alcohol was legal again 27 th Amendment Before: Congress has the power to set their own salary, that is, they pick how much they get paid! When the Bill of Rights was written, our Founding Fathers were worried about this After: 27 th Amendment says that changes to Congressional pay must take effect after the next term of office for representatives So, they can give themselves a raise, but they must win their next election in order to receive it! This took over 200 years to be ratified by the states DIVIDING GOVERNMENT POWER Federalism The US structure of government is federalism: A balance of power between state government and national governments Founding Fathers thought this would limit an overly powerful government Not easy to do: Addressing needs of the nation Preserving states rights Ensure a republic So Who Controls What? Founding Fathers decided that all powers having to do with the states common interest went to the national government Things that involve ALL states get to be decided by Washington, D.C. Examples? All other issues go to the states Examples? National Powers Three kinds of powers: Expressed Powers Implied Powers Inherent Powers Expressed Powers Powers that are granted to the national government Sometimes called enumerated These are spelled out WORD FOR WORD Congress has the power to Tax Issue money Pay debts Regulate trade Declare War Raise a military There are also expressed powers for Prez & Supreme Court Implied Powers These are powers that are not specifically listed in the Constitution Just logical extensions of expressed powers Example: Necessary & Proper Clause: AKA the Elastic Clause Stretches the powers of Congress Building highways, HOW we collect taxes, regulating food, etc. Inherent Powers Powers that naturally belong to all governments A govt has certain powers just because they are a govt! Examples: Acquiring new territory Conducting foreign affairs Not spelled out in the constitution State Powers Just because state powers arent spelled out in the Constitution doesnt mean they dont exist! Which Amendment acknowledges the rights of states? 10 th Known as the Reserved Powers Clause States regulate: Health Public safety Morals Examples? Shared Powers Also known as Concurrent Powers National government and States hold powers together Examples: Taxes Court systems Build roads Provide education Borrow and spend money Limits of Power Limits on National Gov: Bill of Rights protects citizens Gov. cant favor one state over another Gov. cant spend money without Congressional approval Limits on State Gov: States cannot coin money States cannot tax imports and exports from other states States cannot engage in separate wars Limits Both: Cannot deny a person a trial by jury Cannot grant titles of nobility No ex post facto laws: Laws after the fact National and State Relations Washington, D.C. must make sure that states are republican forms of government Meaning there are representatives elected by the people D.C. must also protect the states from invasion D.C. must treat the states as equals Full Faith and Credit Clause Article IV requires that states give full faith and credit to the public acts, official records and judicial proceedings of every other state Drivers licenses Contracts Marriage? States cant discriminate against citizens from another state Forrest Gump Two Types of Federalism Dual Federalism Cooperative Federalism Dual Federalism Federal government and state governments are co-equals Each sovereign Allows for narrow interpretation of the 10 th Amendment Federal govt can only do things if the Constitution specifically says it Coining money, regulating commerce, foreign affairs States can do everything else Education, gambling, etc. Cooperative Federalism National government is supreme over the states National govt has had to intervene sometimes in issues that usually belong to the states Response to national disasters, race relations, etc. Hurricane Katrina: September 2005 Another Perfect Storm Disaster Response Homeland Security Cleanup Recap: Five Principles of the Constitution Popular Sovereignty Limited Government Federalism Separation of Powers Checks and Balances You know these! BUT How have they evolved with the constitution? Popular Sovereignty The idea that the government is created by and subject to the will of the people 1788: Federalist No. 39: Republican form of government derives its powers from the people 1868: 14 th Amendment: Now that slaves are counted as people, they have a say in the government of the US 1962: Baker v. Carr: Supreme Court Case that said that issues involving redistricting could be brought before federal courts One person, one vote: Every persons vote needs to be weighed equally 1964: Reynolds v. Sims: Legislative districts have to be roughly equal in population Others: 15 th, 19 th and 26 th Amendments because the right to vote was extended to many Limited Government The principle that the powers and functions of government are restricted by the US Constitution and other laws 1788: Federalist No. 44: Supports the federal governments supremacy over the states (Anti-Federalists hated this) 1791: 1 st Amendment: The government cannot infringe upon freedoms of speech, religion, and press and the right to assemble and petition 1795: 11 th Amendment: Limited the kinds of lawsuits federal courts can entertain 2005: Kelo v. City of New London, Connecticut: The government may seize private property to use for a public purpose Federalism A political structure where power is divided among a central government and states 1788: Federalist No. 45Federalists believed that most power should lay with the central government and that states gain from a strong central gov that can provide them with protection 1791: 10 th Amendment: Powers not delegated to the central govt belong to the states 1819: McCulloch v. Maryland: Congress has powers not specifically written in the Constitution; states cannot tax the federal government 1824:Gibbons v. Ogden: Supremacy Clause states that Congress regulates interstate commerce 1833: Force Bill: Expanded the powers of the President (US Army can be deployed to enforce laws) Separation of Powers Division of powers among executive, legislative and judicial branches 1788: Federalist No. 47: Dividing power up is essential; legislative branch is the most powerful 1926: Myers v. United States: The President has the authority to remove officials from the executive branch without congressional approval 1975: Buckley v. Valeo: FEC was to be appointed by the different branches, but four positions would be appointed by ONLY legislative branch; SCOTUS said this was not OK and violated separation of powers provisions 1982: Immigration & Naturalization Services v. Chadha: An Immigration and Nationality Act allowed a one-house veto on executive action; SCOTUS said this violated separation of powers Checks and Balances System of government where each branch is able to limit the powers of the other branches 1788: Federalist No. 51: The structure of the federal government will create a system of checks and balances 1801: Impoundment: Even though Congress appropriated funds for a certain cause, the President can choose not to execute the spending; found illegal during Nixons term of office 1973: War Powers Act: The President may deploy troops without congressional approval for 60 days but then Congress must authorize that troops stay there or declare war