chapter 3: the constitution. section 1: basic principles

Chapter 3: The Constitution

Section 1: Basic Principles

Outline of the ConstitutionOutline of the ConstitutionPreambleSeven articles

1. Legislative Branch2. Executive Branch3. Judicial Branch4. States’ relationship to the national

government and to each other5. Amendments6. Supreme law of the land7. Ratification

Amendments (27)

The three branches of government

The Constitution:

1. Legislative Branch

2. Executive Branch

3. Judicial Branch

4. States’ relationship to national government and each other

5. Amendments

6. Supreme law of the land

7. Ratification

Outline of the ConstitutionOutline of the Constitution

The Constitution:

1. Leaves

2. Every

3. Judge

4. Single

5. And

6. Seeking

7. Romance

Six Principles of the Constitution

Six Principles of the Constitution

1. Popular Sovereignty2. Limited Government3. Separation of Powers4. Checks and Balances5. Judicial Review6. Federalism

Principle #1: Popular Sovereignty

Principle #1: Popular Sovereignty

“Popular sovereignty”: The idea that power resides with the people

Government can only govern with the consent of the governed

The people have given the gov’t its power, as seen in the Preamble:

Government is run by elected leaders chosen by the people to represent them

“We the People of the United States… do ordain and establish this Constitution for the United States of America.”

Principle #2: Limited Government

Principle #2: Limited Government

“Limited government”: The idea that the government is only allowed to do the specific things that the people have given it the power to do

Also called “constitutionalism”: The idea that government must be run according to the constitution

Also called “rule of law”: The idea that government officials must act within the law; they are never above it

Principle #3: Separation of Powers

Principle #3: Separation of Powers

The three basic functions of government are divided among three distinct branches:

Branch Article of Constitution

Function Highest Government Body

Legislative I

Make laws

Congress

Executive II

Enforce laws

President

Judicial IIIInterpret laws

Supreme Court

Principle #4: Checks and Balances

Principle #4: Checks and Balances

“Check”: A restriction that one branch of government has over the power of another

“Balances”: All three branches are equally important and none is more powerful than another

System designed to prevent a few people in one branch from having too much power

Checks and Balances Summary

Checks and Balances Summary

Legislative Branch(Congress)

Checks on Judicial:•Creates lower courts•Impeach judges•Propose amendments to overrule judicial rulings•Approve appointments of federal judges

Checks on Executive:•Override veto•Confirm presidential appointments•Control money•Declare war•Ratify treaties•Impeach president

Executive Branch(President)

Checks on Legislative:

•Propose laws•Veto laws•Call special sessions of Congress•Negotiate treaties

Checks on Judicial:•Appoints federal judges•Grant pardons to federal offenders

Judicial Branch(Federal Courts)

Checks on Executive:•Declare executive actions unconstitutional

Checks on Legislative:•Declare acts of Congress unconstitutional

Principle #5: Judicial ReviewPrinciple #5: Judicial ReviewThe courts’ power to declare a government

action unconstitutionalEstablished by 1803 Supreme Court case

Marbury v. Madison.Supreme Court has struck down:

About 150 acts of CongressSeveral presidential actionsHundreds of state and local laws

Discussion Question: Judicial Review

Discussion Question: Judicial Review

Facts:Not all speech is protected under

the First Amendment. For example, you can’t yell “Fire!” in a crowded theater.

“Incitement” is an example of non-protected speech. It’s when you work up a crowd to go commit illegal acts.

One test to decide if something is incitement is “proximity”: The person must be physically near the crowd. ?

Discussion QuestionDiscussion QuestionQuestion:

A film director makes a movie about Mohammed that is so offensive to Muslims that demonstrators attack American Embassies in Muslim countries and some Americans are killed.

Should the definition of incitement be changed to eliminate the requirement of proximity? ?

Principle #6: FederalismPrinciple #6: FederalismGovernment power is divided between

national and state levels of governmentCompromise between states’ desires to

govern themselves and the need for a central government strong enough to be effective

Federalism Venn DiagramFederalism Venn Diagram

National Government

State Government

-Taxes-Build roads

-Borrow money

-Establish courts

-Provide for public

welfare& security

Supplement: Articles of the Constitution

Article I: Legislative BranchSection 1: Congress

Article I: Legislative BranchSection 1: Congress

Congress has the power to make lawsCongress is “bicameral” (has two houses);

made up of the Senate and the House of Representatives

Article I: Legislative BranchSect. 2: House of Representatives

Article I: Legislative BranchSect. 2: House of Representatives

Clause 1: Members elected every 2 years Clause 2: Qualifications

25 years oldA citizen of the US for at least 7 yearsLive in the state in which s/he is elected

Clause 3: Apportionment (Assigning number of Reps per state)Distributed by populationCounted all free persons & 3/5 of “other persons” (slaves)—The

Three-Fifths Compromise (nullified by 13th Amendment) Talks about how to decide the number of representatives per

state, but today the total is set at 435. Clause 4: If a representative dies or leaves office, the governor

of that state must call a special election to replace him or her. Clause 5: House chooses its own Speaker and other officers

and may impeach them

Article I: Legislative BranchSection 3: Senate

Article I: Legislative BranchSection 3: Senate

Clause 1:Two Senators from each StateTerm of 6 years

Clause 2: Elections are held every two years, with 1/3 of

senators up for election each timeTalks about how vacancies are filled if a

senator dies or leaves office, but today the governor of a state chooses a replacement.

Clause 3: Qualifications30 years oldCitizen of the US for nine yearsLives in the state where elected

Article I: Legislative BranchSection 3: Senate, cont’d

Article I: Legislative BranchSection 3: Senate, cont’d

Clause 4: Vice President of the US is President of the Senate but only votes in case of a tie

Clause 5: Senate chooses its own officers, including a President pro tempore (“President pro tem”), who acts as president when the VP is absent (which is most of the time)

Clause 6: ImpeachmentsSenate is the jury in federal impeachmentsIf the president is being impeached, the Chief

Justice of the Supreme Court presidesImpeachment requires a 2/3 vote of senators

presentClause 7:

Maximum penalty under impeachment is removal from office

Impeached official is still open to charges of other crimes

Article I: Legislative BranchSection 4: Elections,

Meetings

Article I: Legislative BranchSection 4: Elections,

MeetingsClause 1: Each state can decide when,

where, and how Senators & Representatives are electedCongress later required states to set up

congressional districts, with each district getting one Representative

Congress also later required that congressional elections are held on the same day in every state, in even-numbered years

Clause 2: Congress must meet once a year

Article I: Legislative BranchSection 5: Conducting

Business

Article I: Legislative BranchSection 5: Conducting

BusinessClause 1:

Each house decides whether its members are qualified

Must have a “quorum,” a majority, to do businessEach sets its own rules to deal with absent members

Clause 2: Each house can create/enforce its own rules

Clause 3: Each house must keep a record of its proceedings and votes, unless there is some reason something must be kept secret

Clause 4: Neither house can adjourn more than 3 days without

other’s consentBoth houses must meet in their official location

Article I: Legislative BranchSection 6: Employment

Article I: Legislative BranchSection 6: Employment

Clause 1: Senators & Representatives are paid by the

TreasuryThey can’t be arrested for civil cases while in

session or on their way to or from a session; they can still be arrested for crimes

They can’t be sued for anything they say in session

Clause 2: A member of Congress can’t hold any other

federal jobs during their termA former member can’t hold a federal office

created while s/he was in Congress

Article I: Legislative BranchSection 7: Making Laws


Clause 1: Any law raising money must originate in the House (the House “holds the gov’ts purse-strings”)



Clause 2: How a Bill Becomes a Law1. The bill passes both houses2. It goes to the president3. There is a 10-day deadline for action. In that

time, one of the following will happen:The president signs it and it becomes law.The president vetoes it and returns it to the house in

which it originated.The president fails to act, and if Congress is still in

session after ten days it becomes law.If Congress adjourns in less than ten days, the

president may choose not to sign the bill and it dies. This is a “pocket veto.”



Clause 2: How a Bill Becomes a Law (cont’d)4. If the bill is vetoes and returned to Congress,

they may still pass it by overriding the president’s veto with a 2/3 vote in both houses.



Clause 3: Resolutions are passed the same way as bills (i.e., they go to the president for signature, but a veto may be overridden with a 2/3 vote)

Article I: Legislative BranchSection 8: Powers of

Congress


CongressNote: These 18 powers are also called the “enumerated” (listed) powers.Clause 1: To collect taxesClause 2: To borrow moneyClause 3: To regulate foreign and interstate commerceClause 4: Establish laws about becoming a citizen and about bankruptcyClause 5: To make money and standardize weights and measuresClause 6: To set punishments for counterfeiting


Congress


CongressClause 7: Establish Post Offices and post

roadsClause 8: Establish copyrights & patentsClause 9: Establish federal courts lower

than the Supreme CourtClause 10: Establish maritime lawClause 11: Declare warClause 12: Raise and maintain armiesClause 13: Provide and maintain a navyClause 14: Establish military law


Congress


CongressClause 15: Provide for calling forth the

Militia (today this is the National Guard)Clause 16: Provide for organizing, arming,

disciplining and training the MilitiaClause 17: To have legislative authority over

Washington, D.C. and territories purchased by the U.S.

Clause 18: To make all laws “necessary and proper” to carry out the powers in clauses 1-17 (the “Necessary and Proper Clause”)

Article I: Legislative BranchSect. 9: Powers Denied

Congress


CongressClause 1: Congress can’t outlaw the slave

trade before 1808 (outdated, obviously)Clause 2: Can’t suspend right of habeas

corpus except during rebellion or invasion. Right of habeas corpus means that prisoners must be taken to court and told why they are being held.

Clause 3: No bills of attainder: laws saying someone is

guilty of a crimeNo ex post facto laws: laws that punish an act

that was committed before it was illegal


Congress


CongressClause 4: No direct taxes unless in

proportion with the censusClause 5: No taxes on exportsClause 6: Can’t give preferential treatment

for trade to one state over anotherClause 7: Can’t withdraw money from

Treasury without “appropriating” it (passing a law to take it)

Clause 8: The U.S. can’t give titles of nobility, and no one holding office in the U.S. can accept a title from a foreign country

Article I: Legislative BranchSection 10: Powers Denied

States


StatesClause 1: States cannot:

Enter into treatiesGrant letters of marque and reprisalMake moneyGive bills of creditPass bills of attainder, ex post facto laws, or

laws that interfere with contractsGrant titles of nobility


States


StatesClause 2: States can’t charge taxes on

imports or exports. They can charge inspection fees but any profits go to the U.S. Treasury

Clause 3: States can’tMaintain an army or navyMake treatiesDeclare war, unless they are invaded or about

to be invaded

Article II: Executive BranchSection 1: Office of

President

Article II: Executive BranchSection 1: Office of

PresidentClause 1:

The president holds executive powerPresident and Vice president have 4 year term

Clause 2: Establishes Electoral CollegeClause 3: Nullified by the 12th AmendmentClause 4: Congress sets the presidential election

dateClause 5: Requirements to be president

Natural born citizenAt least 35 years oldLiving in the U.S. for at least 14 years

Clause 6: Modified by 25th AmendmentClause 7: The president gets paid.Clause 8: Creates the Oath of Office

Article II: Executive BranchSection 2: Presidential

Powers


PowersClause 1

Commander in Chief of the militaryPower to Grant Pardons

Clause 2Power to make treatiesPower to appoint ambassadors, Supreme

Court judges, and other officersClause 3: Power to fill vacancies when

Senate is out of session


Powers


PowersState of the Union AddressConvene Congress

Presidential Powers Mnemonic

Presidential Powers Mnemonic

The President has lots of VETS CAPS:Veto power

Executive power

Treaty power

State of the Union Address

Commander in Chief

Appointment power

Pardon power

Special sessions of Congress

Article II: Executive BranchSection 4: Impeachment

Article II: Executive BranchSection 4: Impeachment

President and Vice President can be impeached for “Treason, Bribery, or other high Crimes and Misdemeanors.”

Article III: Judicial BranchArticle III: Judicial BranchSection 1: Establishes Supreme Court and

gives it all judicial powerSection 2

Clause 1: Establishes jurisdiction of federal courtsClause 2: Lists types of cases where Supreme

Court has original jurisdiction and appellate jurisdiction

Clause 3: All trials of crimes held in federal courts will be jury trials

Section 3: TreasonDefinition of treasonRelatives of person convicted of treason can’t be

punished

Article IV: The StatesArticle IV: The StatesSection 1: Each state has to recognize the laws, public

acts, and records of other statesSection 2:

Clause 1: States can’t discriminate against residents of other states

Clause 2: If a person flees their state to escape justice, the state s/he must be extradited on demand

Clause 3: Fugitive slave clause. Nullified by 13th AmendmentSection 3:

Clause 1: Makes it possible to create new statesClause 2: All territories owned by the US are under the

control of Congress (refers to the Western Territories that weren’t states yet)

Section 4:All states will have a representative style of governmentThe federal government will provide the states with military

defense and support

Article V: AmendmentsArticle V: AmendmentsAn amendment may be proposed by either

2/3 of Congress, or 2/3 of state conventions called by Congress at the request of the states

An amendment may be ratified by either 3/4 of state legislatures, or 3/4 of state conventions

No amendments could be made before 1808 to outlaw the slave trade (expired)

No amendment may end the equal representation of states in the Senate

Article VI: Supremacy and Debts

Article VI: Supremacy and Debts

Clause 1: The new government agrees to take on all debts of the old government under the Articles of Confederation

Clause 2: The Constitution is the Supreme Law of the Land (the “Supremacy Clause”)

Clause 3:All members of Congress must take an oath to

uphold the ConstitutionMembers of Congress shall not be required to

pass any religious test or have a certain religious affiliation

Article VII: RatificationArticle VII: RatificationNine states had to ratify the Constitution for

it to be enacted.

Section 2: Formal Amendment

AmendmentsAmendmentsA change made to the ConstitutionMade by adding text to the end of the

documentCurrently, there are 27 Constitutional

amendments.The Constitution explains how

amendments may be madeAmendments are purposely difficult to

make, so that people cannot easily change the Constitution

Amendment ProcessAmendment Process

2/33/4

Amendment is “proposed” (introduced) by either:Congress proposes an amendment and it

passes by a 2/3 vote in both housesA national convention, called by Congress at

the request of at least 2/3 of state legislaturesAmendment is “ratified” (approved) by

either:3/4 of state legislaturesConventions are called in all 50 states, and

3/4 of them must ratify

Discussion QuestionDiscussion QuestionWhy did the Framers make it so

difficult to amend the Constitution?

?

Federalism & AmendmentsFederalism & AmendmentsThe national level of government proposes

amendmentsThe state level ratifies them

Popular Sovereignty & Amendments

Popular Sovereignty & Amendments

Ratification is done by either:Delegates elected by the people to a state

conventionRepresentatives elected by the people to the

state legislatureEither way, the people decide whether or

not to ratify the amendment

How Amendments are Proposed

How Amendments are Proposed

Congress (or a national convention) proposes the amendment

The amendment is sent to the states for ratificationIt is NOT sent to the president, like a law

How Amendments are Ratified

How Amendments are Ratified

The state legislatures or conventions vote on ratification

Congress usually sets a time limit for ratification, like 7-10 years

Within that time, the states vote.If they reject the amendment, they can later

change their mind, as long as they are still within the time limit

If they accept the amendment, they are not allowed to change their mind later

The 27 AmendmentsThe 27 Amendments1-10: Bill of Rights11-12: Pre-Civil War13-15: Civil War Amendments16-27: 20th Century

Supplement: Mnemonics for the Amendments

The Bill of Rights, 1-3The Bill of Rights, 1-3Amendment Right Mnemonic

1Freedom of speech, religion, speech, press, & assembly

PAPERS:- Press- Assembly- Petition- Religion- Speech

2Right to bear arms Two Bare Arms:

3No soldiers may be quartered in a house without owners consent

Three Quarters in my Pocket

Bill of Rights, 4-6Bill of Rights, 4-6Amendment Right Mnemonic

4No unreasonable searches or seizures

“What are you searching

4?”

5No double jeopardy, no testifying against yourself, right to due process, private property can’t be taken without compensation

“I plead the Fifth!”(Protection in court)

6Right to speedy trial by impartial jury, right to know what you’re accused of, right to confront your accuser, right to witnesses in your favor, right to an attorney

The words Public, Speedy, and Trials all have 6 letters.

Bill of Rights 7-8Bill of Rights 7-8Amendment Right Mnemonic

7Right to trial by jury in civil matters over $20

“Lucky 7” may bring you a better settlement with a jury trial

8No excessive bail or fines, no cruel and unusual punishment

It would be cruel and unusual punishment if the judge “ate” you.

Bill of Rights 9-10Bill of Rights 9-10Amendment Right Mnemonic

9The rights listed in the Constitution are not the only rights people have.

The 9eople have other rights!

10Powers not given to the US or prohibited to the states by the Constitution go to the states or the people (Reserved Powers Clause)

States and people get the last word (last amendment of the Bill of Rights)

Pre-Civil War AmendmentsPre-Civil War AmendmentsAmendment Right Mnemonic

11Cannot sue another state without permission from that state’s court

1 person needs court permission to

sue 1 state.

12Separate ballots must be cast for the President and Vice President

These are the #1 &

#2 jobs in the country

Civil War AmendmentsCivil War AmendmentsAmendment Right Mnemonic

13Slavery is illegal. The original 13

colonies had slaves.

14Foreign-born citizens (read: “former slaves”) have the same rights as natural born citizens

Amendment “Foreignteen”

15Right to vote can’t be taken away because of race, color, or previous condition of servitude

When you’re 15, you can get your “racing” (driving) permit.

20th Century Amendments16-19


Amendment Right Mnemonic

16Federal government has the power to tax

Can get a job at 16 and pay income taxes

17 Election of senators by the people

7 – 1 = 6 years in a Senator’s term

18 Banned manufacture, sale, or transportation of alcohol

You can’t drink at 18.

19 Gave women the right to vote

1 pregnant woman suffers for 9 months.

“In come

Senators

with alcohol

& women.”

“In come

Senators

with alcohol

& women.”




20President takes office on Jan. 20; how often Congress meets; how to replace a Representative

President takes office on January 20.

21Repealed the 18th Amendment (banning alcohol)

You CAN drink at 21




22President may only serve two terms in office.

President is limited “to two” (2-2) terms.

23Allowed residents of Washington, D.C. to vote

“2-3-DC”

24Prohibits poll taxes On Dec. 24,

Santa is busy at the No Poll (North Pole)




25Order of succession to fill the presidency

“Amendment 25 if the president’s not alive.”

26Lowered voting age to 18

2 + 6 = 8(teen)

27If Congress votes to give itself a pay raise, it won’t take effect until the next Congressional election.

We could “raise” the number of letters in the alphabet to 27.

Section 3: Change by Other Means

Other Ways to Change the Meaning of the ConstitutionOther Ways to Change the

Meaning of the Constitution1. Basic legislation2. Executive action3. Court decisions4. Party practices5. Custom and usage

Change through LegislationChange through LegislationLaws can help explain

the meaning of the Constitution

Examples of Change through Legislation

Examples of Change through Legislation

Judiciary Act of 1789Constitution says Congress was to set up

federal courts (other than Supreme Ct.) but didn’t say how

Judiciary Act passed during first session of Congress to create the first courts

Since then, federal courts have been established by acts of Congress

Power to Regulate CommerceConstitution gives Congress power to

regulate commerce, but is vague about howCongress has passed laws regulating trade,

which establishes how it uses this power

Change through Executive Action

Change through Executive Action

“Executive Action”: Actions taken by the president

Presidents’ actions over the years have expanded on the powers already given to them by the Constitution

Vice President Joe Biden and President Barack Obama in the Oval OfficeJuly 31, 2012

Official White House photo

Examples of Change through Executive Actions

Examples of Change through Executive Actions

Thomas Jefferson made the Louisiana Purchase, doubling the size of the U.S.

Presidents can make “executive agreements” with foreign leadersExecutive agreements don’t have to be

approved by Congress; treaties doRecent presidents have used executive

agreements rather than treatiesPresident is commander in chief of the

militaryOnly Congress can declare warPresidents have sent troops into combat

without a declaration of war

Change through Court Decisions

Change through Court Decisions

Through the power of judicial review, Supreme Court can declare laws unconstitutional

The way courts interpret the Constitution become “precedents”: court decisions from the past that help determine how courts will decide similar issues in the future

Courtroom of the U.S. Supreme Court

Change through Political Parties

Change through Political Parties

Parties didn’t exist when Constitution was written

Actions of the parties have shaped how the Constitution is implemented

Examples of Change through Political Parties

Examples of Change through Political Parties

Nomination of presidential candidatesConstitution doesn’t explain how candidates

will be nominatedPolitical parties have developed their own

systemsEffect on electoral college

Constitution says electoral college is a group of representatives from each state that elects the President

Today, electoral college includes delegates based on people’s votes by party

Congress is organized by partyPresident considers party in appointments

Discussion QuestionDiscussion QuestionDo you think political parties

should have influence over how we interpret the Constitution?

?

Examples of Change through Custom

Examples of Change through Custom

Heads of the different executive department make up the group of advisors to the President called the “Cabinet”

When a President dies in office, the Vice President takes over the officeThis custom was made official in the 25th

Amendment in 1967; until then it was just custom

President only serves two termsUntil Franklin Roosevelt, this was a customRoosevelt was elected for four termsAfter Roosevelt, the 22nd Amendment limited

terms to 2.

chapter 3: the constitution. section 1: basic principles

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