Chapter 3 – The ConstitutionSection 1 – Structure and Principles

The Constitution

The Founders ...

1) created the Constitution more than 200 years ago.

2) like Montesquieu, 2) like Montesquieu, believed in separation of powers.

3) divided the federal government into legislative, executive and judicial branches.

The Constitution

The Constitution …

1) established a republic in which power is held by citizens through their representatives.their representatives.

2) provides citizens with information about their rights and what they may reasonably expect from their government.

American System of Government

• The success of this system of government depends on an informed, participating citizenry.citizenry.

• An understanding of the Constitution is key to understanding the structure and daily function of American government.

Structure of the Constitution

• Compared with other countries, the U.S. Constitution is simple and brief.

• It establishes the structure and powers of government, but does not spell out every government, but does not spell out every aspect of how government will function.

• The Founders left it to future generations to work out problems as they arose.

• The Constitution contains about 7,000 words and is divided into three parts – the Preamble, articles and the amendments.

Purposes of the Preamble

• Serves as an introduction

• States why the Constitution was written

• Indicates that the Founders wanted a • Indicates that the Founders wanted a government that would provide stability and order, protect citizen’s liberties, and serve the people

Goals stated in the Preamble

• To form a more perfect Union

• establish Justice

• insure domestic Tranquility

• provide for the common defence

• promote the general Welfare

• secure the Blessings of Liberty

The Preamble

Copy the Preamble into your notes. It will be extra credit on your test. You may recite it to me may recite it to me or write it on your test. You must recite every word. Every word must be spelled correctly if you choose to write it.

Seven Articles

The Constitution is divided into seven divisions called

articles. Each article covers a general topic. Most of

articles are divided into sections.

Article I –Establishes the Legislative Branch

Article II – Establishes the Executive Branch

Article III – Establishes the Judicial Branch

Article IV – Relationship of States

Article V – Amendment Process

Article VI – Supremacy Clause

Article VII – Ratification Process

Article I

Article I creates the legislative

branch. Section 1 of Article I

creates the United States

Congress. Sections 2 & 3

describe the two houses – thedescribe the two houses – the

House of Representatives and

the Senate. The remaining

sections describe the procedure

for making laws, list the type of

laws that Congress can pass and

specifies the powers Congress

does not have.

Article II

Article II creates the executive branch to carry out the laws passed by Congress. The executive power is vested in a power is vested in a President. The remaining sections describe the powers and duties of the president, qualifications for the office, procedures for electing a president and provide for a vice president.

Article III

Article III, Section 1, establishes a Supreme Court to head the Judicial Branch. The section also gives the national government the power to government the power to create lower federal courts. Section 2 outlines the jurisdiction of the Supreme Court and other federal courts to rule on cases. Section 3 defines treason against the United States.

Article IV

Article IV explains the relationship of the states to one another and to the national government. This article requires all states to give “full faith and to give “full faith and credit” to all other states. It addresses the admission of new states and guarantees the protection of the national government to all states against invasion or domestic violence.

Article V

Article V explains the two ways two ways the Constitution can be amended or changed.

Article VI

Article VI contains the supremacy clause which establishes that which establishes that the Constitution, laws passed by Congress and treaties of the United States “shall be the supreme Law of the Land.”

Article VII

Article VII addresses ratification and ratification and declares that the Constitution will take effect after it was ratified by nine states.

The Amendments

The third part of the Constitution consists of amendments or changes. The Constitution has been amended 27 times throughout the nation’s history. times throughout the nation’s history. The amendment process provides a way that this document written more than two centuries ago can remain responsive to the needs of a changing nation.

Major Principles

The Constitution rests on six major

principles of government:

1) Popular Sovereignty

2) Federalism

3) Separation of Powers

4) Checks and Balances

5) Judicial Review

6) Limited Government

Popular Sovereignty

The Constitution is based on the concept of popular sovereignty – rule by the people. United States government is based on the consent of government is based on the consent of the governed; the authority for government flows from the people.

Federalism

The terms federalism and federal system describe the basic structure of American government. The terms should not be confused with federal should not be confused with federal government which only refers to the national government in Washington D.C. Under federalism power is divided between national and state governments. Both levels have their own agencies and officials, and pass laws that directly affect citizens.

Separation of Powers

The Constitution limits the central government by dividing power among the legislative, executive and judicial executive and judicial branches. Under separation of powers, each branch has its responsibilities which was designed to prevent any branch from gaining too much power.

Checks and Balances

According to the principle of checks and balances each branch of government exercises some control over the others. Checks and balances created a system of shared powers.

Judicial Review

Judicial review is the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution. invalid if they violate the Constitution. All federal courts have this power, but the Supreme Court is the final authority on the meaning and interpretation of the Constitution. Because the Constitution is the supreme law of the land, acts contrary to it must be void.

Marbury v. Madison

The Founders did not explicitly give such power to the judicial branch. In 1803, the Supreme Court established judicial review with the case Marbury v. Madison. This case with the case Marbury v. Madison. This case established the precedent for federal courts to be able to rule on the actions of government. A Supreme Court decision on the meaning of the Constitution can be changed only if the Court itself changes its views or if an amendment to the Constitution is passed.

Limited Government

The principle of limited government

means that the Constitution limits the

actions of government by specifically

listing powers that it has and does not

have. The Bill of Rights (first 10 amendments) set specific limits in the areas of freedom of expression, personal security, and fair trials.

Chapter 3 – The ConstitutionSection 2 – Three Branches of Government

Article I

Article I created a bicameral legislature with the House of Representatives and the Senate. The House of Representatives was to be the voice of the people, chosen by to be the voice of the people, chosen by popular vote. The Senate represented the broad interest of the state and senators were originally chosen by their state legislatures. Qualifications for senators were more rigorous, but in many ways the House and Senate had equal powers.

Article II

Article II created the executive branch of the government and the need for a president was hotly debated by the Founders. A four-year term, Founders. A four-year term, appointment powers, control of the armed forces, and foreign policy decisions were all the result of compromises. A president with specified, limited powers was further guarded by an impeachment clause.

Article III

Article III established the judicial branch. The Constitution only established one court – the Supreme Court. It gave Congress the authority Court. It gave Congress the authority to set up additional courts as needed. The Constitution limited federal courts to cases arising under the Constitution, the laws of the United States, or to controversies that went outside the jurisdiction of state courts.

The Legislative Branch

The Founders attached great importance to lawmaking and expected Congress to become the most important branch of the national government. Based upon their national government. Based upon their experiences with Parliament, they feared the abuse of power. Unlike the powers that they gave the President and the Supreme Court, they gave Congress expressed powers. Expressed powers are directly stated in the Constitution.

Enumerated Powers

• also called expressed powers

• they are called enumerated because they are numbered 1–18

• are found in Article I, Section 8 of the • are found in Article I, Section 8 of the Constitution.

Enumerated Powers – Economic Legislation

• The power to levy taxes

• To borrow money

• To regulate commerce

• To coin money

• To punish counterfeiting

Enumerated Powers – Defense Legislation

• The power to punish piracies

• To declare war

• To raise and support armed forces

• To provide a navy

• To regulate the armed forces

• To call forth the militia

• To organize the militia

Other Enumerated Powers

• Naturalizing citizens

• Establishing post offices

• Securing patents and copyrights

• Establishing courts

• Governing the District of Columbia

The Elastic Clause

• The final enumerated power is called the elastic clause because it allows Congress to “stretch” its powers to meet situations the Founders could never have anticipated.Founders could never have anticipated.

• It is found in Article I, Section 8, Clause 18.

• It is also called the Necessary and Proper Clause because it gives Congress the right to make all laws “necessary and proper” to carry out the powers expressed in the other clauses of Article I.

McCullough v. Maryland

From the very beginning the phrase “necessary and proper” posed problems. The issue was whether a strict or broad interpretation of the Constitution should be interpretation of the Constitution should be applied. This dispute was first addressed in 1819 in the Supreme Court case, McCullough v. Maryland. The Supreme Court Justices ruled in favor of a broad interpretation which supported the idea that the elastic clause gave the Congress the right to make any laws necessary to carry out its other powers.

Congress Then and Now

• First location: Federal Hall in New York (it moved to Philadelphia in 1790)

• First Speaker of the

• Current location: Washington D.C.

• Current Speaker of the House: John Boehner

• Bills introduced today: • First Speaker of the House: Fredrick A. Muhlenberg

• Bills introduced: Senate – 24

House – 143

• Attendance – Part time

• Bills introduced today: 10,000

• Attendance – Congress meets in continuous session now and members live and work nearly year-round in Washington D.C.

The Executive Branch

Like Congress the responsibilities and powers of

the president have grown considerably since

George Washington took office in 1789. The

Founders believed that the executive branchFounders believed that the executive branch

could protect liberty, private property and

business. They also believed that the executive

branch could also hold the legislative branch in

check.

Vague Constitutional Powers

The Constitution grants the President broad but

vaguely described powers. The exact meaning

of the president’s power in specific situations is

open to interpretation. For example, theopen to interpretation. For example, the

president can fire officials in the executive

branch, make agreements with foreign nations,

or take emergency actions to save the nation,

even though none of these actions are

specifically listed in the Constitution.

Specific Powers

1) Commander in chief of the armedforces

2) Appoints with the consent of the Senate heads of the executive departments

3) May pardon people convicted of federal 3) May pardon people convicted of federal crimes (except in cases of impeachment) or reduce a person’s jail sentence or fine

4) Makes treaties with the advice and consent of the Senate

5) Appoints ambassadors, federal court judges, and other top officials with the consent of the Senate

Specific Powers

6) Delivers the annual State of the Union

message to Congress

7) Calls Congress into special session when

necessarynecessary

8) Meets with heads of state, ambassadors

and other foreign officials

9) Commissions of all military officers of the

United States

10) Ensures that all the laws Congress passes

are “faithfully executed”

The Presidency – Then and Now

• First President – George Washington

1789

• Term – Retired after two terms

• Work load – light

• Current President – Barack Hussein Obama

• Term – The 22nd

Amendment sets the number of terms a President can serve at two. • Work load – light

• Advisor and Staff – a few

• Presidential Papers – the papers of Adams the second president fit into seven boxes

can serve at two.

• Work load – heavy

• Advisor and Staff – staff of hundreds, military force of millions and a huge federal bureaucracy

• Presidential Papers – former presidents build presidential libraries to house all of their papers

The Judicial Branch

If judged by the length of the Article that created it, the Judicial Branch would appear to be the weakest of the three branches. After creating the three branches. After creating the Supreme Court, the Constitution allows Congress to create all “inferior” courts. The Framers were not concerned about the power of the justices, allowing them to hold office for life.

Jurisdiction of Federal Courts

The judiciary of the United States

has two different systems of courts.

1) federal courts – powers derived

from the Constitution and federalfrom the Constitution and federal

laws

2) state courts – powers derived from

state constitutions and state laws

This has been called a dual court

system.

Jurisdiction

Every court has the authority to hear only certain kinds of cases. This authority is known as jurisdiction. Two factors determine the jurisdiction of factors determine the jurisdiction of federal courts – the subject matter of the case and the parties involved in the case.

Federal Jurisdiction

Federal courts hear cases dealing with

• United States laws

• United States treaties with foreign nationsnations

• Interpretation of the Constitution

• Cases involving admiralty or maritime law (law of the sea)

• Cases involving bankruptcy

Federal Courts – Then and Now

• Held Sessions –small chamber in the Capitol

• Riding the circuit –

• Holds Sessions –Current building built in 1935

• Hear appeals in • Riding the circuit –Justices used to hear appeals in faraway district courts

• Chief Justice – John Jay

• Hear appeals in Washington D.C.

• Chief Justice – John Roberts

Shared Power and Conflict

The Constitution created three separate branches of government. It spelled out some specific areas that the three branches would cooperate the three branches would cooperate including:

• Passing legislation

• Conducting war

• Spending money

The President as Legislator

The executive and legislative branches must work closely together in order for legislation to become effective policy. In practice, the executive branch provides plans for much of the legislation that Congress considers. The president proposes much of the legislative the legislation that Congress considers. The president proposes much of the legislative agenda and spells out the details of programs that are to be enacted into law. The executive branch must have the power to carry out legislative enactments. This often involves the creation of a bureaucracyto carry out the details of policy.

The President vs. Congress

While cooperation between the executive andlegislative branches is necessary, several sources of conflict have developed betweenthese two branches.

1) The expansion of presidential power has changed 1) The expansion of presidential power has changed the structure of the national government without formal changes in the Constitution.

2) Another conflict has arisen because Congress has the responsibility to monitor the way the executive branch enforces the laws. Sometimes the federal courts have had to step in to settle disputes.

3) The development of political parties has created a source of conflict when the two branches are controlled by different parties.

Congress vs. the Courts

The Constitution gave Congress the

power both to create the lower federal

courts and to limit the jurisdiction of

the Supreme Court. Congress has

been reluctant to use this authority.

The Supreme Court vs. the President

Some Supreme Court decisions require

compliance by the president in order

that the decisions may be carried out.

Occasionally, a president who

disagrees with the Court may refuse

to enforce its decision.

Chapter 3 – The ConstitutionSection 3 – Amending the Constitution

The United States – Then & Now

• In 1787 the nation consisted of fewer than 4 million people

• Today, more than two centuries later

that same Constitution provides the foundation

million people living in 13 agricultural states along the Atlantic coast of North America.

provides the foundation for governing an industrial and highly technological nation of more than 285 million people in 50 states spread across the continent and beyond.

The Significance of the Constitution

The priceless heritage of the Constitution has been its ability to adapt to new ability to adapt to new conditions while preserving the basic form of American government.

The Amendment Process

The Founders created a Constitution that could be adapted to a future that they could not foresee. One way they provided for change was to describe how Congress and the states could amend the Constitution. As outlined in Article V, amendments may deal with any topic except that no state can may deal with any topic except that no state can lose equal representation in the Senate without the State’s consent. Amendments may be proposed and ratified (approved) in two ways. Amendments are proposed at the national level, but they are ratified on a state-by-state basis.

Proposing Amendments

One method of proposing an amendment is by a two-thirds vote of each house of

The other method for proposing amendments is by a national convention called by Congress at the request of two-thirds (34) of the states. of each house of

Congress. This is the only method used to date.

two-thirds (34) of the states. This method has never been used. This method is controversial because such a convention is not required to limit itself to a specific amendment and could propose amendments on any subject.

Ratifying Amendments

One way in which states ratify amendments is for three-fourths of the

The other method for ratification is for each state to call a special ratifying convention. The amendment becomes part of the Constitution when three-fourths fourths of the

state legislatures to ratify it.

Constitution when three-fourths of these conventions approve it. This method has been used only once. Conventions ratified the Twenty-first Amendment which repealed the Eighteen Amendment (1919) that banned the sale of alcoholic beverages.

Congress Sets the Rules

• Congress let each state legislature determine how the ratifying conventions would be organized and how the delegates would be elected.how the delegates would be elected.

• Congress also gets to decide how much time the states will have to ratify an amendment. In modern times, Congress has set the limit at seven years.

Informal Changes

The Constitution has kept pace with the times through informal change, which does not involve changes in the Constitution itself. Informal changes Constitution itself. Informal changes occur as government leaders and citizens fill in the details of government on a day-to-day, year-to-year basis to suit the needs of the times.

Informal Changes

• Changes through law

• Changes through practices

• Informal presidential changes

• Court decisions

• Changes through custom and usage

Changes Through Law

Congress has passed laws that have enlarged or clarified many of the Constitution’s positions. The Founders expected Congress to do this, and expected Congress to do this, and gave it authority to spell out many details of the national government. An example of this is that Congress has greatly expanded the executive branch by creating the cabinet departments, agencies, boards and commissions.

Changes Through Practice

Congress has also shaped the Constitution by the way it has used its other powers. Under the Constitution, the House may impeach (accuse) federal officials of a crime. It is then up to the Senate to determine guilt or then up to the Senate to determine guilt or innocence. Although the meanings of treason and bribery are clear, it is up to Congress to define “high crimes and misdemeanors.” Two presidents have been impeached Andrew Johnson and Bill Clinton, although neither was convicted by the Senate.

Informal Presidential Changes

Presidential actions have also added to the Constitution. Many of these additions affect the workings of the modern presidency. modern presidency.

1) Presidential Succession

2) Foreign Affairs

3) Domestic Affairs

Presidential Succession

In 1841 William Henry Harrison became the first president to die in office. As provided in the Constitution, Vice President John Constitution, Vice President John Tyler assumed the powers of the president. Was he really the president, or was he acting as president until the next election. In 1967, the Twenty-fifth Amendment clarified presidential succession.

Foreign Affairs

Modern presidents usually conduct foreign affairs by executive agreement, instead of using the treaty process specified in the Constitution. While a specified in the Constitution. While a treaty is an agreement between nations, an executive agreement is made directly between the president and the head of state of another country. It does not require Senate approval.

Domestic Affairs

The Founders thought that the executive branch would be concerned mostly with carrying out the laws initiated by Congress. However, initiated by Congress. However, modern presidents have become aggressive in requesting legislation from Congress. This has led to the increase in power for the president. The president plays a far greater role in American government and politics than most of the Founders imagined.

Court Decisions

As federal courts settle cases involving constitutional questions, they interpret the meaning of the Constitution’s sometimes vague words and phrases. sometimes vague words and phrases. The most important device that the Court uses to interpret the Constitution is through judicial review. Judicial review was established by Marbury vs. Madison, but there is still disagreement over how this power should be used.

Judicial Review

Judicial Restraint –holds that the Court should avoid taking the initiative on social and political questions. The Court should uphold

Judicial Activism –holds that the Court should play a role in shaping national policies. The Court should apply the Court should uphold

acts of Congress unless the acts clearly violate a specific provision of the Constitution. Advocates of this policy want the Court to leave the policy making to others.

should apply the Constitution to social and political questions. The Supreme Court under Chief Justice Earl Warren (1953-1969) accepted many controversial cases, particularly civil rights and the rights of the accused.

Changing Court Rulings

Social and political conditions of the times often affect the Court’s interpretations of the Constitution. The Supreme Court has sometimes The Supreme Court has sometimes ruled that the Constitution means one thing and then years later reverses itself.

Changes Through Custom and Usage

The Constitution has been informally enlarged through customs that have developed over time. Political parties are a good example. Although the are a good example. Although the Constitution does not mention political parties, they began soon after the government was organized. They have become an important part of American government by helping to organize government and conduct elections.