S T R U C T U R E , P O W E R S , A P P L I C AT I O N S

THE CONSTITUTION OF THE UNITED STATES

PRINCIPLES OF THE CONSTITUTION

• What are the principles of the Constitution taken from English political heritage and Enlightenment philosophers?

THE CONSTITUTION

• The Constitution is divided into Articles – or sections that describe different aspects of the United States Government • Today we will be introducing the first three

Articles • Article I – Legislative branch• Article II – Executive branch• Article III – Judicial branch

ARTICLE I

• Article I of the U.S. Constitution establishes the Legislative branch• Bicameral legislature (United States Congress)• House of Representatives – 435 members• Senate – 100 members

• Purpose: Make the laws of the country

ARTICLE I

• Essential powers of the legislative branch: • Introduce bills • Collect taxes• Regulate commerce and trade • Coin money• Declare war • Confirm presidentialnominations (Senate)• Impeach President and federal judges• Overturn Presidential vetos

ARTICLE II

• Article II establishes the Executive branch• Office of the President and the Executive branch• Nominate Cabinet officials• Executive department officials

• Purpose: Execute the laws of the nation

ARTICLE II

• To help carry out day-to-day operations and enforcement of federal laws the Executive branch includes federal departments

• The most important are called “Cabinet departments” • Department of State• Department of Defense• Department of Interior• Department of Education

• Purpose of departments: more specific responsibilities for carrying out federal laws and aspects of federal government

ARTICLE II

• Essential powers of the President• Sign, introduce, and veto bills • Commander-in-chief of the armed forces• Appoint Cabinet officials• Negotiate treaties with foreign nations• Appoint federal judges (Supreme Court and lower courts)• Execute laws of the nation• To help accomplish this the President can issue “Executive

Orders” or “Executive Acts” – directives to federal agencies, issued by the President, that have the backing of the law; does not require Congressional consent

ARTICLE III

• Article III of the Constitution establishes the Judicial branch• Supreme Court of the United States is only court

established by the Constitution • Article III give the power to create lower federal

courts to Congress

• Purpose: An idea called judicial review • Definition: A court's authority to examine an executive or

legislative act and to invalidate that act if it is contrary to constitutional principles.

• In simpler terms: Review executive acts and laws passed by Congress to determine if they violate the Constitution

ARTICLE III

• Supreme Court• Consists of 9 justices• Led by a Chief Justice

CHECKS AND BALANCES

• The Constitution established checks and balances between the three branches• Each branch has powers that can “check” the powers of

the others; in order to “balance” the powers of the individual branches

CHECKS AND BALANCES

Executive Branch

Legislative Branch

Judicial Branch

“POWER GRAB” GAME

• You will divide into three teams• Each team will represent a different branch of the government• Legislative• Executive • Judicial

• In each round each branch will be given an opportunity for an unconstitutional “power grab”

• The other two groups will have 2 minutes to find proof that the “power grab” is unconstitutional using the Constitution • When you have found the Constitutional clause or amendment that

prohibits the “power grab” yell ‘check’ and immediately give your answer• If wrong the other group will have the remainder of the time to find the

correct answer

• When the “power grab” is checked correctly, that group receives 10 points; If no one gets the correct answer, the branch grabbing power receives 5 points

“POWER GRAB” GAME

• Ex:

• Courts: A male teacher sues over racial discrimination by taking the case directly to the Supreme Court; the Supreme Court immediately hears his case

• The other two groups (executive and legislative), will use the Constitution to find where this action is prohibited• Since it deals with the Supreme Courts powers, start by looking in

Article III• Article III, Section 2, Clause 2 says all cases not involving a

foreign ambassador or a state must be heard by lower courts first

“POWER GRAB” GAME

• Ex 2:

• President: The President decides that Congress will meet in regular session on December 15 each year

• The other two groups (Legislative and Judicial) will search the Constitution for how this decree violates the Constitution• This one is actually found in an amendment – Amendment

20, Section 2 sets the start date for Congressional sessions as January 1, unless the date is changed by Congress – not the President

“POWER GRAB” GAME

• Round 1: • President: The President declares war on China• Answer: Article I, Section 8, Clause 11 states only Congress can

declare war

• Congress: Congress decides to impeach President Obama with the President Pro-Temp of the Senate presiding over the hearings• Answer: Article I, Section 3, Clause 6 states that the Chief Justice

of the Supreme Court presides over trials of the Pres.

• Courts: The Supreme Court rules that because of our large national debt, Congress may no longer borrow money• Answer: Article I, Section 8, Clause 2 gives Congress the power to

borrow money

“POWER GRAB” GAME

• Round 2• President: A serious economic crisis hits the United States

at the end of the Presidents second term; the President runs for a third term• Answer: The 22nd Amendment prohibits anyone from being elected

as President more than twice

• Congress: Congress passes a law that all suspected terrorists be tried without legal counsel to represent them• Answer: The 6th Amendment says all that are accused of a crime

may have the “Assistance of Counsel for his defence”

• Courts: The Court rules that income tax is illegal and you don’t have to pay• Answer: The 16th Amendment give Congress the power to collect

taxes on incomes

“POWER GRAB” GAME

• Round 3: • President: The President appoints Dan Evans to Senator

Adams’ seat when he resigns mid-term• Answer: Article I, Section 3, Clause 2 says the Governor of the State

the Senator vacancy occurs appoints a replacement (17th Amendment also a correct answer – the Governor must call a special election)

• Congress: Congress passes a law taking 10% of the value of lumber being exported from Vermont• Answer: Article I, Section 9, Clause 5 forbids Congress from taxing

goods exported from any state

• Courts: The Courts find Suspect A guilty of treason on the basis of one witness • Answer: Article III, Section 3, Clause 1 says no person shall be

convicted of Treason unless on the Testimony of two Witnesses

“POWER GRAB” GAME

• 4th Round (points doubled)• President: Your land is in the way of a federal highway, so

the President takes your land without compensation• Answer: The 5th Amendment states “no private property shall be

taken for public use, without just compensation”

• Congress: Congress passes a law that says people from Oregon may not drive cars in Washington due to pollution• Answer: Article IV, Section 1, Clause 1 says that citizens travelling

from state to state are entitled to the rights and freedoms that automatically go to the citizens of those states

• Courts: A foreign ambassador to Spain is charged with a crime and tried in a New York court• Answer: Article III, Section 2, Clause 2 states that the Supreme

Court has original jurisdiction in trials involving foreign ambassadors

AN ENDURING DOCUMENT

• “Each generation is as independent as the one preceding….It has then, like them, a right to choose for itself the form of government it believes most promotive of its own happiness” – Thomas Jefferson

• It was up to future generations to address issues that may arise – but the process was intentionally made difficult • Article V of the Constitution establishes the process

for amending the Constitution• Amendment: A formal revision to the Constitution,

responding to the needs of a changing nation

AMENDING THE CONSTITUTION

• Two methods of amending the Constitution

Amendments can be proposed by

or

Congress

With a two-thirds vote in each house

National Convention

Called by Congress at the request of two-thirds of the state legislatures

AMENDING THE CONSTITUTION

• Two methods of amending the Constitution

Amendments can be ratified by

State Legislatures¾ of the states

legislatures must approve

Legislatures may call for a vote of citizens before it votes on the amendment

ConventionsCitizens elect delegates to

convention to vote on amendment

¾ of state conventions must approve the amendment

or

AMENDING THE CONSTITUTION

• Over 10,000 attempts to amend the Constitution have been suggested or proposed in Congress• Of those 10,000 only 33 (.3%) have been passed

by Congress and sent to the states for ratification • Of those 33 only 27 amendments have been

ratified and added to the Constitution

BILL OF RIGHTS

• Remember that Anti-Federalists demanded a Bill of Rights be added to the Constitution to ensure ratification• Following ratification a total of 210 suggestions

for amendments were proposed• James Madison drafted 12 amendments that were

passed and sent to the states• 10 of these were ratified and added as The Bill of

Rights

BILL OF RIGHTS

• The amendments present in the Bill of Rights fell under three different categories

Bill of Rights

Individual Freedoms

Protection from Government

Power

Rights reserved for the states

REVIEW

• 1) Name one check: • Of the Legislative branch over Executive branch• Of the Legislative branch over the Judicial branch • Of the Judicial branch over Legislative/Executive branch

• 2) What percentage of both houses are needed to propose an amendment? • 3) What percentage of states are needed to ratify

an amendment?

BILL OF RIGHTS

• What do the Bill of Rights protect? • The Bill of Rights protects citizens’ civil liberties • Civil Liberties – freedoms upon which the government

may not infringe

• Who decides what the Bill of Rights mean? • The Supreme Court makes the ultimate decision on the

meaning of the Bill of Rights• The Supreme Court balances the rights of the individual

with the needs of society

BILL OF RIGHTS

• 1st Amendment• “Congress shall make no law respecting an establishment

of religion, or prohibiting the free exercise thereof”• Establishment Clause – The Government cannot establish

an official religion; Congress cannot pass laws that favor one religion over another

• Free Exercise Clause – Government may pass no laws restricting the practice of religion

BILL OF RIGHTS

• Supreme Court on religious clauses: • Employment Division v. Smith – group of counselors in

Oregon were fired for ingesting peyote for a Native American religious sacrament - Supreme Court ruled in favor of the Employment Division

• Reynolds v. United States – A Mormon in Utah was arrested for practicing bigamy - Supreme Court ruled against Reynolds

• Main idea: even religious beliefs and practices must follow the law

BILL OF RIGHTS

• 1st Amendment• “Congress shall make no law …. abridging the freedom of

speech”• Congress cannot makes laws censoring citizens’ speech;

even speech that is critical of the Government• Schenck v. United States – During WWI a citizen was arrested for

passing out flyers instructing people to boycott the draft if selected – Supreme Court ruled the arrest was Constitutional

• Tinker v. Des Moines – Students wore black armbands in protest of the Vietnam War and were suspended from school – Supreme Court ruled in favor of the students

• Main idea – Speech is protected as long as the consequences of speech does not intend to breaking the law

BILL OF RIGHTS

• “Congress shall make no law…..prohibiting the free exercise of the press”• Congress cannot restrict the press• New York Times v. Sullivan – New York Times ran an ad

supporting Civil Rights leaders in Montgomery with some inaccuracies, the Police Dept sued the New York Times for libel

• Supreme Court ruled in favor of the New York Times• Main idea – All press is protected, unless the author is

knowingly telling lies with the intent to harm or defame

BILL OF RIGHTS

• 1st Amendment• “Congress shall make no law..prohibiting…the right of the

people peaceably to assemble”• Congress cannot restrict citizens from peacefully

assemble as long as they are not breaking the law

• “Congress shall make no law..prohibiting..the right of the people to petition the Government for a redress of grievances”

• Congress cannot restrict the rights of the people to “redress grievances” (complain) to Government or ask the Government for assistance

BILL OF RIGHTS

• 2nd Amendment• Protects the right to keep and bear arms• Supreme Court has ruled that states can limit weapons not having a

“reasonable relationship to the preservation or efficiency of a well regulated militia”

• 3rd Amendment• Quartering Amendment• Citizens will not be forced to quarter or shelter soldiers

• 4th Amendment• Protects the people from unreasonable search and seizures• Warrants with probable cause required

• T.L.O. v. New Jersey – High School student was caught smoking in bathroom, Principal searched her bag when he saw rolling papers and found marijuana, student sued on grounds of illegal search – Supreme Court ruled for the school – students have decreased expectations of privacy

BILL OF RIGHTS

• 5th Amendment• Protects the rights of those accused of committing a

crime• You can not be held without being charged with a crime• Protection from Double Jeopardy: You can not be tried for

the same crime twice• You do not have to testify against yourself (“Plead the fifth”)

• 6th Amendment • Protects the rights of those standing trial• Speedy trial – you cannot be held for a year without having

trial• The right to an impartial jury• Right of the accused to question the witnesses against him• Right to a lawyer

BILL OF RIGHTS

• 7th Amendment• Extends rights of those standing trial to civil cases• Civil cases are different from criminal cases – in civil cases

one citizen sues another for damages, in criminal cases the Government tries to convict someone of a crime

• 8th Amendment• Guarantees that punishments will not be cruel and

extraordinarily high fines will not be imposed

• 9th Amendment• All rights not stated in the Constitution, but not banned

by the Constitution belong to the states• States can essentially do what they want as long as it is not

banned by the Constitution

BILL OF RIGHTS

• 10th Amendment • Any powers not given to the federal government by the

Constitution belong to the states

FEDERALISM

• The Constitution forms a federal system, where powers are shared between the national government and state governments, in which the national government is supreme

• The powers not given to the national government are reserved for the state governments by the 10th amendment

FEDERALISM

• Powers of national government• Expressed (enumerated) powers: powers directly stated in

the Constitution• Levy and collect taxes• Make war• Regulate trade among the states

• Implied powers: Powers that are given to the national government but not specifically listed; powers that are necessary to carry out the expressed powers• Implied powers granted by the “Necessary and Proper Clause”

(Art 1, Sect 8) • “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”

FEDERALISM

• Powers of national government: • Inherent powers: Powers that the national government

may exercise simply because it is the national government• Diplomatic relations• Regulation of immigration

FEDERALISM

• Concurrent Powers• Powers which are shared by the national and state

governments• Power to tax• Education• Make laws and courts

• Conflicts between states and the national government are found in concurrent powers

FEDERALISM

• Powers denied to both state and national governments• Bills of Attainders: Laws which make something illegal

without a trial• Ex Post Facto laws: A law that applies after the fact;

makes conduct that was legal when it was performed illegal and punishing for committing the act

FEDERALISM

• McCulloch v. Maryland• The state of Maryland tried to tax the Bank of the United

States• Supreme Court ruled that because of the necessary and

proper clause the United States had the power to establish a national bank and could not be taxed by the states

• The decision gave Congress the right to use its implied powers to run the country more efficiently