The Constitution

Key Terms • Bicameral Legislature• Checks and Balances• Concurrent Power• Elastic Clause• Electoral College• Enumerated Powers• Ex Post Facto Laws• Executive Privilege• Federalism• Full Faith and Credit• Implied Powers• Inherent Powers• Judicial Review• Preamble• Privileges and Immunities• Reserved Power Amendment• Separation of Powers • Supremacy Clause • Unwritten Constitution• Writ of habeas corpus

Chapter Overview • The United States Constitution was ratified in 1789.• The US Constitution gave a new opportunity to

demonstrate the limited government could work.• 1791, the additional 10 amendments (Bill of Rights)

was ratified.– Fulfilled the promise to the Anti-Federalists

• The Constitution is the law of the land.• Explain how the document is considered a key

instrument in government.• Living document• Checks and Balances• Limits on federal and state governments• Rights of the people clearly outlined• Basis of government for the United States

Longevity• The Constitution has been called an enduring

and evolving document because it has stood the test of time.

• The document is laid out simply and directly• 3 clear parts to the Constitution

– Preamble-Goals – Articles- 7, structure and organization of

government.– Amendments- 27, how to change the document

Preamble The Preamble, starting with “We the People,”

defines the objectives of the Constitution:To form a more perfect unionTo establish justiceTo insure domestic tranquilityTo provide for the common defense To promote the general welfareTo secure the blessings of liberty

Longevity • The major factors creating longevity of the Constitution

include– The separation of powers of each branch of government– Checks and balances including a recognition that a simple

majority vote may not be enough for a check.– A built-in elastic clause as part of Congress’s power.– A reserved power clause giving states power not delegated

to the national government.– Rights guaranteed to the citizens– Precedents and traditions creating an unwritten

constitution– Judicial review growing out of an interpretation of the

power of the Supreme Court.– An amending process, which is flexible enough to allow for

change even though it involves more than a majority vote– The inherent powers of the president

Branches of GovernmentThe organization of the Constitution

separates the formal institutions of government.

The first three articles of the Constitution provide the basis of the organization of government.Article I (Legislative Branch)Article II (Executive Branch)Article III (Judicial Branch)

Article I Legislative Branch

Bicameral Legislature Two house legislature (collectively known as

Congress) House of Representative

First house of government Most directly responsible to the people 435 members, representation based on population

Senate Upper House Works with the House to make laws 100 members, equal representation

Article II • The Executive Branch

– Determines the nature of the chief executive– Gives responsibility to a president and vice president.

• Powers are not as specifically defined as the legislative branch.

• Presidents major responsibility is to administer and execute the public policies of the United States.– Inherent powers of the president help to expand

presidential power.– President must enforce the law of the land– Presidents authority concerning foreign policy

– Outlines the mechanics of the Electoral College– Refers to executive departments but does not mention

specifics.

Article III• Outlines the Judicial Branch

– Most vague on the qualifications of its members– Refers to the Supreme Court and the manner in

which cases get there.• Did not give the Supreme Court the broad authority it has

assumed.– Supreme Court gained its authority in landmark ruling

in the case of Marbury v. Madison• Article III set the scope of the Supreme Court and the

jurisdiction of the court.• Article defines treason and provides the penalties for this

crime including death.– Ethel and Julius Rosenberg

Legislative Powers • Specific powers and qualifications granted to Congress

guarantee the legislative process as well as create distinctive differences between the two houses of Congress that make the House more representative than the Senate.

• The two houses of Congress were created through the Connecticut Compromise.– House of Representatives

• 435 Members• Based on the Census count every 10 years• Approximately one House seat for every 650,000 people in a state.

– Senate• 100 members• 2 Senators from each state

– Each state has a minimum of two senators and one representative

– “Shadow” representatives from Guam and District of Columbia

Legislative Powers “one man, one vote”

Established by the Supreme Court in the case Baker v. Carr Established guidelines for drawing up congressional

districts. Gerrymandering Voting Rights Act of 1965

The Senate Senate guidelines

6 year terms At least 30 years old United States citizen for at least 9 years Citizen of the state you represent

Many states have passed laws restricting the amount of terms a congressman can serve. The Supreme Court ruled these laws unconstitutional. Term limits must be passed through an amendment to the

federal constitution. Senate must also pass revenue bills, but must first wait for

the House to pass it bill.Major difference in the allocation of power with the two

branches. Senate has the responsibility of approving presidential

appointments and treaties.

The House of Representatives The House of Representatives is considered

more representative because of its size, term of office, and qualifications for office.Two year termsAt least 25 years old American Citizen for seven yearsInhabitant of the state you represent

House is closer to the people.They start all revenue billsInitiate the process of impeachment

Nixon resigned before the Senate could impeach Clinton was acquitted by the Senate

Legislative Powers of Congress Common Powers of Congress listed in Article I section 8. They are

the enumerated or delegated powers of Congress. Collect taxes, pay debts, and provide for the common defense and

general welfare. Borrow Money Regulate commerce among the states and with foreign countries. Establish uniform laws dealing with immigration, naturalization, and

bankruptcies. Coin money Make laws regarding the punishment for counterfeiting Establish post offices Make copyright laws Establish federal courts in addition to the Supreme Court Define and punish piracy Declare war Raise and support armies and a navy Create a national guard

Legislative PowersIn this same section, implied powers are

defined in the “necessary and proper” clause Congress has the power to make all laws

necessary and proper for carrying into execution the foregoing powers.

Also known as the elastic clause Major and significant power of Congress

Grants Congress the ability to interpret its lawmaking ability in a broad manner. Creation of a National Bank in the 1800s Passing of the Brady Bill

Powers Denied to CongressDenial of the writ of habeas corpus

Giving appeal protection to the accused Passage of bill of attainder laws

Proscribe penalties without due processPassage of ex post facto laws

Which take effect after the act takes place.Congress cannot pass export taxes or grant

titles of nobility to its citizens.

Executive Powers Specific powers and qualifications granted to

the executive department guarantee and define the role of the president as a central player in government.

Qualifications for Office Must be a natural born citizenAt least 35 years oldResident of the United States for at least 14

years.

Executive PowerThe source of power of the president comes

from the language in Article II section I “The executive power shall be vested in a

president of the United States of America.”Term of office is four years and a

constitutional amendment limits presidents to two terms in office.

Executive Power The only specific powers and duties listed in

Article II sections II and III are;Power to act as commander in chief of the

armed forcesAbility to obtain information from members of

the executive branch.Power to grant pardonsPower to make treaties with the consent of the

Senate

Executive Powers • the power to appoint ambassadors, justices, and

other officials with the advice and consent of the Senate

The power to sign legislation or veto legislation

The duty to give Congress the State of the Union Address

The power to call special sessions of the Congress

The inherent power of the president.

Executive PowerThe role of the executive in a broad manner,

the power of the president in modern times, has increased more than the other branches.Franklin D. Roosevelt

New Deal George Bush

New world order

The power of the president has been on the rise.

Symbol for the country and party

Vice Presidents Responsibility Also listed in Article II The only stated responsibility of the vice

president is to preside over the Senate and be the deciding vote in case there is a tie.President Clinton and Vice President Al Gore

Budget proposal

Twenty-Fifth AmendmentVice president takes over the presidency if the

president becomes sick, disabled, or killed.

Electoral CollegeArticle II also outlines the role of the

electoral college.Electoral college consists of presidential

electors from each state. The number of electors is based on the state’s

population. The number of electors in each state is equal to the

number of Senators and representatives that state has Congress. Number can change based on the census

Electors cast their vote in December

Electoral CollegeThe winner of the majority vote in one state,

receives all the electoral votes for that state.First candidate to 270 electoral votes wins.In no candidate receives a majority of the

vote, the election is decided in the House of Representatives.

Judicial PowersDeveloped in Article III Specific powers and responsibilities granted

to the judicial department guarantee and define the role of the courts.

There are no specific qualifications for office.“Judges shall hold their offices during good

behavior”The Supreme Court is the only court

established by the Constitution.

Judicial PowersLower federal courts are established by

Congress.There is no set number of justices.

It has been 9 sitting justices in modern times As little as 5 FDR court packing scheme

Terms are for a life time or they choose to retire.

Justices are appointed by the president and confirmed by the Senate.

Judicial PowersTypically Supreme Court Justices come from

federal judgeships.Senate Judiciary Committee closely questions

the candidates.Clarence Thomas appointed under George Bush

Was accused of sexual harassment by Oklahoma law professor Anita Hill

They are questioned on their attitudes concerning issues that may face the court. Ex. Abortion. Nominees should avoid being too specific.

Judicial Power The major power given to the judicial branch

is defined as “the judicial power which shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made….”

The real power of the Supreme Court is Judicial Review established by Marbury v. Madison. (see handout)

Judicial PowerThe Constitution describes through original

jurisdiction that the Court can hear directly.The vast majority of cases heard in the

Supreme Court are brought on appeal from state and federal courts.This is appellate jurisdiction

Congressional law as well as presidential actions have also been taken up by the Supreme Court.

Judicial Power The Supreme Court has no direct

responsibility or accountability to the voters.Justices decide on cases based on their own

interpretation of the Constitution.Supreme Court on policymaking has

increased in modern times. Many Court experts point to Brown v. Board

of Education as turning point in the history of the Court.

Balance of Power As a result of the separate powers of the

institutions of government, a delicate balance of power exists among the three branches.

Checks and balances became a central feature in our government.The Spirit of Natural Laws

Montesquieu Federalists No. 47

James Madison

Balance of Power The powers properly belonging to one of the

departments ought not to be directly and completely administered by either of the other departments.

Neither of them ought to possess, directly or indirectly, an overruling influence over the others in the administration of their respective powers.

Examples of Balance of Power in Use Bill Clinton effectively used the veto 30 times

while the Republican Congress overrode only 2 of them.

The Senate confirmation hearings of Supreme Court nominee Robert Bork resulted in Bork’s being denied that position.

Supreme Court decisions halted attempt by Congress to pass a Flag Desecration Act.

The Senate rejected the 1999 Comprehensive Nuclear Test Ban Treaty.

Examples of Balance of Power in Use As of 2004 there have been more than 2500

presidential vetoes of congressional bills.Congress overrode around 100 of them.The Supreme Court has found more than 100

acts of Congress unconstitutional.The Senate has refused to confirm 27 nominees

to the Supreme Court Senate has refused cabinet positions to 9

individuals.

Judicial Power Critics of checks and balances point to the

potential of a constitutional crisis developing if one branch attempts to challenge the authority of another.War Powers Act

Somalia Bosnia

Most significant feature of checks and balances is that it consistently proves that our government is limited.

FederalismThe organization of the Constitution defines

the relationship between the states and the federal government.

The Constitution also maps out the relationship between the federal government and the states in two articles and one amendment.Article IV the term “full faith and Credit” is

used to describe the mutual respect and legality of laws, public records, and judicial decisions made by states.

FederalismSection two recognizes that “the citizens of

each state shall be entitled to all the privileges and immunities” of citizens in all the states.Guarantees that the rights of a citizen of one

state will be recognized in another state. Significant part of the 14th Amendment Extradition

Article IV Section 4, the United States guarantees every state a “Republican” form of government.Limited Representative Government

FederalismThe United States will guarantee protection

to every state from outside attack or internal strife.

The most significant statement that defines the relationship of the federal government to the states is found in Article IV.The Supremacy Clause

State laws cannot conflict with federal laws McCulloch v. Maryland (Cannot tax the National

Bank)

FederalismThe concept of federalism, the overall

relationship between the federal government and state governments, is defined in the Tenth Amendment of the Constitution.States have reserved powers

Powers not delegated to the government by the Constitution are given to the respective states. A federal system of government is formed.

Throughout the Constitution, both federal and state governments are told they do not have unlimited power.

Federalism There are exceptions to some of these

limitations.In times of national emergency, the Supreme

Court has ruled that the government can place major restrictions on the civil liberties of its citizens.

The principle of limited government is the end extension of the Enlightenment thinkers.Government is created by the consent of the

governed.Government cannot take away natural rights.

Provisions for Change Amendments can be classified in five ways;

Creating additional power for the federal government such as the legalization of a progressive income tax. (16th Amendment)

Limiting power to the state governments such as prohibiting states from making laws that deny equal protection for its citizens.(14th Amendment)

Adding the right of popular sovereignty for various groups such as former slaves (13th), women (19th), and 18 year olds (26th).

Provisions for ChangeTaking away and adding to the power of the

voter to elect public officials (17th Amendment) direct election of senators

Limiting presidential terms (22nd Amendment)Changing the structure of government (25th

Amendment Presidential succession and disability

Provisions for Change There are two methods used to amend the

Constitution.2/3 vote in both houses of Congress and

ratification in ¾ of the state legislatures. (Used the most)

Congress must call for a national constitutional convention after a request is made by 2/3 of the state legislatures; then either ¾ of the state legislatures must ratify the amendment or ¾ of ratifying conventions held in the state must approve it. (Been used 1 time-Prohibition)

The Unwritten Constitution The Constitution’s flexibility and adaptability

enable the creation of new instruments of government.Elasticity ClauseCongress has used its power to expand the size

of government. Civil Rights Legislation War Powers Act Interstate Commerce

President has used power for executive privilege.

The Unwritten Constitution Neither the Constitution nor any law provides

for the establishment of political parties, nominating conventions, primaries and most of the political system we are use to.

Custom and tradition are an integral part of government.Presidential Cabinet FDR Presidential TermJFK Presidential Succession