Presentation Pro © 2001 by Prentice Hall, Inc. The Constitution.

Presentation ProPresentation Pro

© 2001 by Prentice Hall, Inc.© 2001 by Prentice Hall, Inc.

The ConstitutionThe ConstitutionThe ConstitutionThe Constitution

11 22 33Go To Go To Section:Section:

Chapter 3, Section 1Chapter 3, Section 1

S E C T I O N 1

The Six Basic PrinciplesThe Six Basic Principles

• What are the important elements of the Constitution?

• What are the six basic principles of the Constitution?

22 33


An Outline of the ConstitutionAn Outline of the Constitution

• The Constitution sets out the basic principles upon which government in the United States was built.

• The Constitution is a fairly brief document.

• The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments.

Chapter 3, Section 1Chapter 3, Section 122 33


Articles of the ConstitutionArticles of the Constitution


Section SubjectPreamble States the purpose of the Constitution

Article I Legislative branch

Article II Executive branch

Article III Judicial branch

Article IV Relations among the States and with the NationalGovernment

Article V Amending the Constitution

Article VI National debts, supremacy of national law, and oaths ofoffice

Article VII Ratifying the Constitution


Three of the Basic PrinciplesThree of the Basic Principles


• The principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.

• The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.

• Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.


More of the Basic PrinciplesMore of the Basic Principles

• Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.

• The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action.

• Federalism is a system of government in which the powers of government are divided between a central government and several local governments.



The Constitution creates a bicameral legislature for three reasons:

Two Houses of CongressTwo Houses of Congress

Historical: The British Parliament consisted of two houses since the 1300s, and many colonial assemblies were similar in form.

Practical: A bicameral legislature was necessary to compromise the Virginia and New Jersey plans of representation.

Theoretical: The Framers favored a bicameral Congress in order that one house might act as a check on the other.

Chapter 10, Section 1Chapter 10, Section 122 33 44


TermsTerms

A term is the length of time that officials serve after an election, as in a two- or six-year term.


The date for the start of each new term has been set by the Twentieth Amendment

(1933) as “noon of the 3d day of January” of every odd-numbered year.


S E C T I O N 2

The House of RepresentativesThe House of Representatives

• What are the size and terms of the House of Representatives?

• How are House seats reapportioned among the States after each census?

• How can we describe a typical congressional election and congressional district?

• What are the formal and informal qualifications for serving in the House?




Size and TermsSize and Terms

• The exact size of the House of Representatives, currently at 435 members, is determined by Congress.

• The Constitution provides that the total number of seats in the House shall be apportioned (distributed) among the States on the basis of their respective populations.

• Members of the House of Representatives serve two-year terms.

• Although there have been recent movements to limit terms, there are no limits set on the number of terms a representative may serve.


ReapportionmentReapportionment

Article I of the Constitution directs Congress to reapportion—redistribute—the seats in the House after each decennial census.


• As the United States grew in population, the number of representatives in the House also grew.

• The Reapportionment Act of 1929 set the “permanent” size of the House at 435 members, and provided for “automatic reapportionment.”


Current ApportionmentCurrent Apportionment



Congressional ElectionsCongressional Elections

•Congressional elections are held on the Tuesday following the first Monday in November of each even-numbered year.

•Off-year elections are those congressional elections held between presidential elections.



Qualifications for House MembersQualifications for House Members


• The Constitution says that a member of the House

(1) must be at least 25 years of age,

(2) must have been a citizen of the United States for at least seven years, and

(3) must have been an inhabitant of the State from which he or she is elected.

• The realities of politics also require some informal qualifications, such as party identification, name familiarity, gender, ethnic characteristics, and political experience.



Size, Election, and TermsSize, Election, and Terms

• The Constitution says that the Senate “shall be composed of two Senators from each State.” Today’s Senate consists of 100 Senators.

• Originally, the Constitution provided that senators were chosen by the State legislatures.

• In 1912 the Seventeenth Amendment was passed and called for the popular election of senators.

• Senators serve for six-year terms.

• The Senate is a continuous body, meaning that all of its seats are never up for election at the same time.



Qualifications for SenatorsQualifications for Senators

• The requirements for the U.S. Senate are higher than for the House of Representatives.

• The Constitution says that a Senator

(1) must be at least 30 years of age,

(2) must have been a citizen of the United States for at least nine years, and

(3) must be an inhabitant of the State from which he or she is elected.


Chapter 11, Section 1Chapter 11, Section 122 33 44 55

Congressional PowerCongressional Power

(1) The expressed powers are granted to Congress explicitly in the Constitution.

(2) The implied powers are granted by reasonable deduction from the expressed powers.

(3) The inherent powers are granted through the Constitution’s creation of a National Government for the United States.

The Constitution grants Congress a number of specific powers in three different ways.


Strict Versus Liberal ConstructionStrict Versus Liberal Construction

Strict Constructionists

• Strict constructionists, led by Thomas Jefferson, argued that Congress should only be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers.


Liberal Constructionists

• Liberal constructionists, led by Alexander Hamilton, favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress.


The Power To TaxThe Power To Tax


The Constitution gives Congress the power:

“To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States.…”

—Article I, Section 8, Clause 1

55


The Commerce PowerThe Commerce Power


The Constitution places four limits on Congress’s use of thecommerce power:

(1) Congress cannot tax exports. (2) Congress cannot favor the portsof one State over those of any other

in the regulation of trade.

(3) Congress cannot require that“Vessels bound to, or from, one

State, be obliged to enter, clear orpay Duties in another.”

(4) Congress could not interfere withthe slave trade (through 1808).

The commerce power—the power of Congress to regulate interstate and foreign trade—is granted in

the Commerce Clause of the Constitution.


Article I, Section 8Article I, Section 8



S E C T I O N 4

The Implied PowersThe Implied Powers

• How does the Necessary and Proper Clause give Congress flexibility in lawmaking?

• What key developments have occurred in the battle over the implied powers of Congress?



The Necessary and Proper ClauseThe Necessary and Proper Clause


The Necessary and Proper Clause gives to Congress the power:

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

—Article I, Section 8, Clause 18


The Implied Powers of CongressThe Implied Powers of Congress



Impeachment PowerImpeachment Power

• The Constitution grants Congress the power of removing the President, Vice President, or other civil officers from their office through impeachment.

• The House has the sole power to impeach, or bring charges against the individual.

• There is then a trial in the Senate. A two-thirds vote of the senators present is needed for conviction.

• The penalty for conviction is removal from office.



Executive PowersExecutive Powers

Appointments

• All major appointments made by the President must be confirmed by the Senate by majority vote.

• Only 12 of 600 Cabinet appointments to date have been declined.

• “Senatorial courtesy” is the practice in which the Senate will turn down an appointment if it is opposed by a senator of the President’s party from the State involved.


Treaties

• The President makes treaties “by and with the Advice and Consent of the Senate,... provided two thirds of the Senators present concur.”

• Presently, the President often consults members of the Senate Foreign Relations Committee.


Article IIArticle II

Article II, the Constitution’s Executive Article, begins this way:


With these few words, the Framers established the presidency.

“The executive power shall be vested in a President of the United States of

America.”



Qualifications for PresidentQualifications for President

1. Be “a natural borncitizen.”A person must be born a citizen ofthe United States to be able tobecome President.

2. Be at least 35 years ofage.John F. Kennedy at age 43 was theyoungest person to be electedPresident.

3. Have lived in the UnitedStates for at least 14 years.

Informal qualifications, such asintelligence and character, are alsoimportant considerations.

Article II, Section 1, Clause 5, of the Constitution says that the President must:


The President’s RolesThe President’s Roles


Chief of StateThe President is chief of state. This means he is the ceremonial head of the

government of the United States, the symbol of all the people of the nation.

Chief ExecutiveThe Constitution vests the President with the executive power of the United

States, making him or her the nation’s chief executive.

Chief AdministratorThe President is the chief administrator, or director, of the United States

government.

Chief DiplomatAs the nation’s chief diplomat, the President is the main architect of American

foreign policy and chief spokesperson to the rest of the world.


More Roles of the PresidentMore Roles of the President


Commander in Chief

The Constitution makes the President the commander in chief, giving him or her complete control of the nation’s armed forces.

Chief Legislator

The President is the chief legislator, the main architect of the nation’s public policies.

Chief of Party

The President acts as the chief of party, the acknowledged leader of the political party that controls the executive branch.

Chief Citizen

The President is expected to be “the representative of all the people.”


The President’s TermThe President’s Term

• Until 1951, the Constitution placed no limit on the number of terms a President might serve.

• Traditionally, Presidents limited the number of terms served to two. This tradition was broken by Franklin D. Roosevelt in 1940 when he ran for and won a third term in office. He then went on to be elected to a fourth term in 1944.

• The 22nd Amendment placed limits on presidential terms. A President now may not be elected more than twice or only once if they became President due to succession.

5522 33 44 Chapter 13, Section 1Chapter 13, Section 1



The Constitution and SuccessionThe Constitution and Succession

• Presidential succession is the plan by which a presidential vacancy is filled.

• The 25th Amendment, ratified in 1967, made it clear that the Vice President will become President if the President is removed from office.

• The Presidential Succession Act of 1947 set the order of succession following the Vice President.


Presidential DisabilityPresidential Disability


• Sections 3 and 4 of the 25th Amendment provide procedures to follow when the President is disabled.

• The Vice President is to become acting President if(1) the President informs Congress, in writing, “that he is unable to discharge the powers and duties of his office,” or

(2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is thus incapacitated.


The Vice PresidencyThe Vice Presidency

• The Constitution only gives the Vice President two duties besides becoming President if the President is removed from office:

1) to preside over the Senate, and

2) to help decide the question of presidential disability.

• If the office of Vice President becomes vacant, the President nominates a new Vice President subject to the approval of Congress.

• Today, the Vice President often performs diplomatic and political chores for the President.



Original ProvisionsOriginal Provisions


• According to the Constitution, the President and Vice President are chosen by a special body of presidential electors.

• Originally, these electors each cast two electoral votes, each for a different candidate. The candidate with the most votes would become President, and the candidate with the second highest total would become Vice President.


The 12th AmendmentThe 12th Amendment


• The 12th Amendment was added to the Constitution in 1804 following the election of 1800.

• The major change in the electoral college made by the amendment was that each elector would distinctly cast one electoral vote for President and one for Vice President.


Creation of a National JudiciaryCreation of a National Judiciary


• The Framers created the national judiciary in Article III of the Constitution.

• There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States.

• The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.


Types of Federal CourtsTypes of Federal Courts

The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed.



Judicial ReviewJudicial Review


• Judicial review refers to the power of a court to determine the constitutionality of a government action.

• The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803).

• The Court’s decision laid the foundation for its involvement in the development of the American system of government.


Supreme Court JurisdictionSupreme Court Jurisdiction


• The Supreme Court has both original and appellate jurisdiction.

• The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers.

• Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year.


Appealing a Case to the Supreme CourtAppealing a Case to the Supreme Court



Amending the Constitution Amending the Constitution

• The Constitution provides for its own amendment—that is, for changes in its written words.

• Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.




Formal Amendment ProcessFormal Amendment Process

• The four different ways by which amendments may be added to the Constitution are shown here:


Amendments to the ConstitutionAmendments to the Constitution

Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms.



The Bill of RightsThe Bill of RightsThe First 10 Amendments to the ConstitutionThe First 10 Amendments to the Constitution


1st Amendment1st Amendment

• The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition.

• This means that we all have the right to:

• practice any religion we want to

• to speak freely

• to assemble (meet)

• to address the government (petition)

• to publish newspapers, TV, radio, Internet (press)


2nd Amendment2nd Amendment

•The 2nd Amendment protects the right to bear arms, which means the right to own a gun.


3rd Amendment3rd Amendment

• The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”

• This means that we cannot be forced to house or quarter soldiers.


4th Amendment4th Amendment

•The 4th Amendment protects the people from unreasonable searches and seizures.

•This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).



•The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused)

•You may not be tried twice for the same crime (double jeopardy)

•You don’t have to testify against yourself in court. (Self-incrimination)



• The 6th Amendment guarantees a speedy trial (you can’t be kept in jail for over a year without a trial)

• an impartial jury (doesn’t already think you are guilty)

• that the accused can confront witnesses against them

• the accused must be allowed to have a lawyer



• The 7th Amendment guarantees the right to a speedy civil trial.

• A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.



•The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.



•All rights not stated in the Constitution and not forbidden by the Constitution belong to the people.

•This means that the states can do what they want if the Constitution does not forbid it.



•The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.

Presentation Pro © 2001 by Prentice Hall, Inc. The Constitution.

Documents

Transcript of Presentation Pro © 2001 by Prentice Hall, Inc. The Constitution.