THE CONSTITUTION
Basic Principles of the
Constitution
Federal System Adopted
Fixed the problems with the Articles of Confederation 1. NO POWER TO TAX
ARTICLE 1, SECTION 8 Congress may collect taxes and duties
2. NO POWER OVER INTERSTATE AND FOREIGN COMMERCE
ARTICLE 1, SECTION 8 Congress has the power to regulate commerce with
foreign nations, between states, and with Native American Nations
Federal System Adopted
3. STATES WERE SOVEREIGN Constitution made the supreme law Federal Union created People of the whole nation made sovereign
4. NO INDEPENDENT EXECUTIVE Article II, President chosen indirectly by the
voters President given executive power Commander in Chief Take all steps to make sure the law is followed
Federal System Adopted
5. NO FEDERAL COURTS, FEDERAL LAWS ENFORCED BY THE STATE COURTS
Article III, provides separate systems to enforce federal laws and annul state laws deemed unconstitutional
Federal System Adopted
6. EACH STATE POSSESSED A SINGLE VOTE, MEMBERS CHOSEN BY STATE LEGISLATURES
Members serve definite tenure House of Representatives chosen by direct vote
of the people Senate by the State Legislature*
*Now done by direct popular vote
Federal System Adopted
7. AMENDMENTS ONLY ADDED BY UNANIMOUS CONSENT OF ALL THE STATES
Congress now needs approval of 3/4ths of states
8. CONGRESS ONLY HAS SPECIFICALLY DELEGATED POWERS
Constitution gives implied powers to Congress along with specific powers
Federal/State relationship
The Constitution sets the laws that every state must follow Federal laws out weigh state laws Federal Supremacy
Speed Limits
There are powers that both have Concurrent Powers
Laws not spelled out directly are given to the states Reserved Powers
State/State Relationships
States did not recognized laws across borders Marriage, business licenses Laws must be obeyed in new states
States cannot discriminate against noncitizens There are stipulations
Voting, residency, out of state taxes
New Court System
Article III created the federal court system Judicial Branch Supreme Court and lower district courts
Protecting Freedoms The Bill of Rights First Ten Amendments
THE PREAMBLE
The first section of the Constitution sets forth some important goals
THE PREAMBLE
We the People of the United States, in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for a common defense, promote general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America
“Establish Justice”
New Court System Key values of the Court System
1. Everyone is equal under the law
2. Every person deserves treatment that reflects individual dignity and value
3. Everyone is presumed innocent until proven guilty
“Establish Justice”
Need to have a public that respects the laws passed
18th Amendment – Prohibition 1920 Few respected and followed the law 1933 repealed by the 21st Amendment
“Insure Domestic Tranquility”
Your rights cannot affect the rights of others
The right to peaceful assembly, freedom of speech, freedom of religion
Response to disorder Police, National Guard or the Army
Responses to Natural Disasters State and Federal Aid President declares the region a disaster area
Aid and Low interest loans
Oklahoma City Bombing
Alfred P Murrah Building
April 19, 1995
The most destructive
act of terrorism in the
United States prior
to 9/11
168 people killed Including 19
children, under the age
of 6 More than 680 injured
More than 324 buildings were damaged or destroyed within a 16 block radius
86 cars destroyed Glass blown out of 280+ buildings
More than $650 Million in damages FEMA called in
Timothy McVeigh
Military Sniper and explosive training Aspired for Special Forces
Failed Psychological Evaluation Honorable Discharge Bronze Star recipient
Waco, Texas Thought the Govt was wrong for how they handled situation
Terry Nichols
Met McVeigh on base
Didn’t like how Govt
handled Ruby Ridge
Both against gun control
The Bomb
Rented Ryder truck
Loaded with 108 bags of fertilizer (50lbs each) 3 55 gal drums of nitromethane and diesel
fuel Time delay fuse rigged into the cab Blast created a 30ft wide and 8ft deep crater
Delivering the bomb McVeigh carried with him an envelope containing pages from The
Turner Diaries—a fictional account of white supremacists who ignite a revolution by blowing up the FBI headquarters at 9:15 one morning using a truck bomb.
Wore a printed T-shirt with the motto of the Commonwealth of Virginia, Sic semper tyrannis ("Thus always to tyrants", which was shouted by John Wilkes Booth immediately after the assassination of Abraham Lincoln) and "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants" (from Thomas Jefferson)
He also carried an envelope of anti-government materials that included a bumper sticker with Samuel Adams' slogan, "When the government fears the people, there is liberty. When the people fear the government, there is tyranny."
Underneath, McVeigh had scrawled, "Maybe now, there will be liberty!" and a hand-copied quote by John Locke asserting that a man has a right to kill someone who takes away his liberty
Other Examples of Domestic Terrorism Wall St Bombing
1920 – Horse drawn carriage filled with 100lbs TNT Scars from the blast still visible – 23 Wall St
Ruby Ridge 1992 – Idaho Family conspiracy against the Govt
Waco, TX 1993 – religious sect suspected of weapons violations 51 day siege of the compound
Olympic Park Bombing 1996 Olympics in Atlanta
“Provide for the Common Defense”
Defense is split between Congress and the President Congress
Declares war Makes alliances Raises the Army and the Navy
The President Acts as Commander in Chief of the military Makes decisions that protect our national security
“Provide for Common Defense”
Originally isolationist
Truman Doctrine, Containment, the Cold War, Iraq
Money spent that could be used for other things Education, Health Care, Job/Manufacturing
subsidies, etc.
“Provide for the Common Defense”
National Defense Requires 3 components
1. National Will In order to go to war, you need an informed and
patriotic population
When population loses faith in govt or reason for war – war effort quickly loses support
Vietnam Afghanistan?
National Defense
2. Technology Research and design
Hard to negotiate spending less on the military when there is a war on terrorism?
Threat of WMD’s?
National Defense
3. Foreign Alliances Importing/Exporting resources
Oil – National Security risk? Necessary for economy to run and maintain
standard of living
Limitations of global wars No allies, no help?
Rarely popular with population
“Promoting General Welfare”
The Govt spends about a TRILLION dollars every year on public welfare Medical needs Educational needs Economic Needs
How much should the govt provide? Time to cut back?
Promoting General Welfare
Health Care for the elderly and others Pharmaceuticals?
Education – school loans/interest rates?
Working Conditions – OSHA, Workers Comp
Subsidies to farmers
Promoting General Welfare
Costs Social Security, Medicare/Medicaid, Welfare
More than half of every dollar collected in taxes goes to these payments
2014 Budget Safety standards / Work environment
OSHA Working hours
Overtime
Promoting General Welfare
Economic Assistance Welfare TANF Handicapped Unemployed Hungry Sick/injured disability
Deterrence to work? Drug Testing?
Separation of Powers
Ideas developed by Montesquieu If a single person has all of the power, it will
lead to tyranny
Power needs to be separated into three branches Executive Legislative Judicial
Separation of Powers
Branches are supposed to have equal power Changes have taken place over time 1. “Imperial Presidency”
President has too much power or too much ability to persuade
“American Emperor” FDR – Great Depression
Too much power? Nixon – Watergate
Congress restricted power Budgets and spending controls gives power
Separation of Powers
2. The “Fourth Branch” Regulatory agencies control many things
Congress may not have time for
FCC FTC Positions appointed by the President, whose
decisions are final
Separation of Powers
3. Judicial Legislation When judges make the law instead of
interpreting it
Supreme Court judges are appointed and serve for life
Never have to worry about voters
Checks and Balances p.74
EXECTUIVE BRANCH CHECKS Judiciary
Appoints judges Gives Pardons
However: President doesn’t get to rule on cases Cannot interfere with the case
Checks and Balances
Executive Checks: Legislature
President can veto a bill Exercise Political leadership
Propose a bill, Refusal to use powers Influence public opinion
However: A bill can still be passed after veto with a 2/3 vote
in both houses
Checks and Balances
Legislature checks: Judiciary
Establishes lower courts Approves appointment of judges Sets salaries Power to impeach a judge for improper conduct
However: Judges can still be appointed when Congress is
not in session Cannot lower salaries while seated
Checks and Balances
Legislature Checks Executive
Congress can set aside money for things the executive branch needs
Declares war Determines foreign aid Determines the size of the military Approves treaties Power to impeach any official – from top to
bottom
Checks and Balances
Judiciary checks
Executive: Judicial Review – courts can look at actions of
the President Declares orders unconstitutional Injunctions can forbid certain actions
Checks and Balances
Judiciary checks Legislature
Declares laws unconstitutional Takes a lot of time – works all the way up to
Supreme Court
“Living document?”
There has been debate for centuries about powers the government has even with the Constitution
Strict construction Madison and Jefferson If its not written in the document, the
government cant do it
Conservatives today
Living Document
Loose construction Allows to meet the needs of a changing
country
Liberals today
Living Document
Unwritten Constitution Political parties Primary elections Conventions None of these are in the Constitution
Presidents don’t have to work with each other as a new one comes in and the old one goes out
Customary today
Philosophy of the Constitution
Change Allowed for changes to occur in 4 different
ways
1. Amendment – 2/3 vote in both houses, then ¾ of state legislatures
The others involve special conventions called by either Congress or the States
5 Basic Rights Protected by the Constitution
1. No Bill of Attainder Police cannot collect fines at the time of arrest Could be found guilty without a trial
2. No Ex Post Facto laws Makes something a crime after the fact 3 characteristics to be Ex Post Facto
1. Must be retroactive 2. Must impose harsher penalties than existing laws 3. Must deal with a criminal matter
3. Defining Treason “betrayal of one’s country” Revolution?
3 proofs needed to be guilty of treason 1. 2 or more witnesses needed 2. Must be an act, not just speech or attending a
meeting 3. Confession must come in open court
Rights granted by the Constitution
Rights granted by the Constitution
4. Habeas Corpus – Art. 1, Sec. 9 Gives 2 choices to arresting party 1. Bring the prisoner to court 2. Release the prisoner
5. Right to a trial by jury Except in cases of impeachment, every criminal
case must be tried by a jury Defined more clearly in the Bill of Rights
Notable Amendments
13. Abolition of slavery – 1865
Formally abolished slavery
Involuntary servitude Does not apply to people when they are sent to
prison
Other Notable Amendments
14. Citizenship and Civil Rights - 1868 No state may deny to any citizen “equal
protection of the law”
Does not apply to age limits, 18 and 21 yrs old
Rights given to citizens in one category must be given to others in other categories
Quotas for acceptance to schools or jobs
Granting of Citizenship
Rights of citizenship The right to vote Many jobs are limited to only citizens Aliens are entitled to rights while in the
country, but also have to Follow our state and federal laws Pay Taxes Serve in the Armed Forces if necessary
Becoming a Citizen
Three ways to become a citizen 1. Birth to American parents
Either parent is a US citizen, automatically granted
2. Birth within the US Even by alien parents Can lead to dual citizenship while a child
3. Naturalization – Make a statement of intent Five years later make a second statement (renounce former
citizenship) Take the oath and pass the test
If there are children under 16, they automatically become citizens too
Other Notable Amendments
15th Amendment – 1870
Right to vote for all male citizens
Minimum requirements set by states
Age limits can still be set by states at this time
Poll taxes and literacy tests were often used
Literacy Test
Other Notable Amendments
18th – Prohibition 1919
Intoxicating Liquors prohibited
Congress and the States
have the CONCURRENT
power to enforce this
Repealed by the 21st Amendment
1933
Other Notable Amendments
19th Amendment- Women’s Suffrage 1920
Provided women with the right to vote
Emily Davison Extreme Measures
Other Notable Amendments
26th Amendment
Lowered the voting age to 18
1971
Top Related