THE CONSTITUTION

Structure and Principles

STRUCTURE

• The US Constitution is simple and brief.

• It contains about 7,000 words and three sections:

1. The Preamble

2. The articles, and

3. The amendments.

THE PREAMBLE

• “to form a more perfect Union, ensure domestic tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty….”

• The Preamble explains in plain language the reasons for having a Constitution.

ARTICLES

• The Constitution consists of seven Articles.

• Each Article, usually broken down into sections, covers a general topic.

• The first three Articles explain the purpose and functions of the three branches of the Federal government,

ARTICLES OF THE CONSTITUTIONARTICLES OF THE CONSTITUTION

•Article I: Legislative Branch•Article II: Executive Branch•Article III: Judicial Branch:•Article IV: Interrelationships •Article V: Amendments•Article VI: Supremacy•Article VII: Ratification

THREE BRANCHES OF GOVERNMENT

ARTICLES AND SECTIONS

• Article III, section 2 outlines the jurisdiction of the Federal courts (the things the Federal courts may rule on).

• Article IV explains the relationship between the states and the Feds. This article says that laws passed by one state, such as marriage and divorce, must be respected by other states.

ARTICLES IV AND V

• Articles IV’s guarantee of respect for other states’ laws is called the ‘full faith and credit’ clause.

• Article V spells out the ways that the Constitution can be amended , or changed.

ARTICLE VI

• Article VI states that the Constitution, laws passed by Congress, and Treaties ‘shall be the supreme Law of the land.’

• This is called the ‘supremacy clause.’

• The Supremes

THE AMENDMENTS

• The third part of the Constitution consists of the amendments.

• The Constitution has been amended 27 times.

examples:

PRINCIPLES OF THE CONSTITUTION

• Popular sovereignty: rule by the people

1. US gov’t is based upon the consent of the people.

2. The authority of the gov’t flows FROM the people.

MAJOR PRINCIPLES

• Federalism: power in the US is divided between the US (federal) gov’t and the states.

• Both levels have their own responsibilities and can pass laws that effect everyone.

• The Constitution was designed to replace a weak Articles of Confederation with a strong national gov’t and states rights.

MAJOR PRINCIPLES

• Separation of Powers: the power of the Federal gov’t is limited by dividing the power between the three branches of gov’t.

MAJOR POWERS

• Checks & balances: Each branch of gov’t exercises some power over the other two.

• For instance, when Congress passes a law, the president may veto it.

• Also, when the president nominates a Cabinet member, the Senate has to approve the choice.

•

MAJOR PRINCIPLES

• Supreme Court building

• Judicial Review: The Supreme Court has the right to rule on the constitutionality of all state and federal laws.

• This power was asserted in Marbury vs. Madison, 1803.

PRINCIPLES

• Limited government: The Constitution specifically lists the things it can and CANNOT do.

• The first ten amendments set specific limits in the areas of freedom of expression, personal security and fair trials.

THREE BRANCHES OF GOVERNMENT

• Article I: The Legislative Branch:

• Two Houses: 1) The House of Representatives (the people’s house);

2) The Senate (originally chosen by the states)

LAWMAKING—THE MOST IMPORTANT FUNCTION

• The Congress was designed to be the primary branch of gov’t.

• The Congress has expressed powers, things it is allowed to do under the Constitution. (also called enumerated powers, because they are numbered 1-18)

ENUMERATED POWERS

• Five enumerated powers deal with economic legislation;

• Seven enumerated powers deal with defense;

• Number eight deals with DC, post offices, naturalizing citizens, patents & copyrights.

• The final power is called the elastic clause.

THE ELASTIC CLAUSE

• Rubber bands and elastic

• This clause gives the Congress the right to do everything ‘necessary and proper’ to carry out the laws.

• It is called the ‘elastic clause’ because it allows the Const. to grow with the country.

THE EXECUTIVE BRANCH

• The office of president was established because the executive was virtually non-existent under the Articles of Confederation.

• The Founders wanted and office that was strong but not too strong.

• The Oval Office

POWERS OF THE EXECUTIVE

• Commander-in-chief of the armed forces.

• Appoints, with Senate consent, heads of Executive Departments.

• May pardon people for federal crimes.

• Makes treaties with the Senate’s advice and consent.

• Appoints ambassadors, federal judges, and others with Senate consent.

PRESIDENTIAL POWERS

• Delivers an annual State of the Union message.

• Calls Congress into special session.

• Meets with heads of state, foreign ambassadors, etc.

• Commissions all military officers.

• Ensures that all laws Congress passes are ‘faithfully executed.’

INFORMAL POWERS OF THE PRESIDENT

• Protects the US from invasion.

• Can fire Cabinet officials.

• Head of his political party.

• Can make executive agreements with foreign heads of state.

• As the only nationally-elected leader, can rally the nation behind his programs.

THE PRESIDENCY THEN AND NOW

• When John Adams moved into the White House in 1800 his papers filled seven boxes and a had a few staff members.

• Today the president is the head of a bureaucracy of thousands and a White House staff of hundreds of people.

PRESIDENTIAL PERKS

• The White House, Camp David,

• Air Force One and Marine One.

THE JUDICIAL BRANCH

• Article III appears to make the Judicial Branch the weakest of the three.

• Only the Chief Justice is mentioned in the Constitution.

• The Congress was empowered to create ‘inferior courts.’

• All federal judges serve lifetime appointments.

THE JUDICIAL BRANCH

• The Court system is divided between Federal and the courts of the 50 states.

• Each level only has jurisdiction over specific cases.

• Federal courts have jurisdiction over laws involving the US gov’t foreign nations, the sea, and disputes between states.

THE JUDICIAL BRANCH

• John Jay was the first Chief justice.

• The Federal Judiciary was established by the Judiciary Act of 1789.

• The modern court system wasn’t established until 1891.

• Chief Justice John Marshall of VA

THE FEDERAL COURTS

• In Marbury vs. Madison (1803) the Court under John Marshall asserted the right to judicial review.

• The Supreme Court, is was declared, could rule any law unconstitutional.

• The Supreme Court didn’t get its own building until 1935.

THE SUPREME COURT

• The Supreme Court • The Supreme Court

SHARED POWER AND CONFLICT

• The president acts as a legislator when he proposes bills for Congress to enact.

• Congress can, and does, ignore the president’s wishes.

• Of course, bills cannot become law without the president's signature.

• A president can veto a law he doesn’t like.

THE PRESIDENT VS. CONGRESS

• It is a continuing tug-of-war between the executive and legislative branches as to who should have the most power.

• In peacetime Congress often reasserts itself, while during wartime presidents tend to increase their power.

THE CONGRESS VS. THE COURTS

• The Courts can (and do) declare unconstitutional bills passed by the Congress.

• The Congress has some control over federal judges since they must be confirmed by the Senate.

• The Congress can (but rarely does) state things the courts cannot do.

THE SUPREME COURT VS. THE PRESIDENT

• The Supreme Court can rule against a president’s action as it did during both the Nixon and the Clinton Administrations.

• President’s have some influence over the federal courts since president’s nominate (subject to Senate approval) federal judges.