Our Constitution

Reviewing the Constitution Where was the Constitution written?

Philadelphia When was it written?

1787 When was it ratified?

1788 What were the two groups which battled over its

ratification? Federalists and Anti-Federalists

What were the leading arguments for each group? Feds – Articles were too weak Anti-Feds – Central govt is too strong; no Bill of Rights

Basic Principles of the Constitution

The Basic Principles1. Popular Sovereignty

The idea that people are the source of all power held by the government

2. Limited Government Govt possesses only the power the people give it Govt must obey the Constitution—a principle

known as Constitutionalism Govt is subject to the rule of law—not above it

The Basic Principles3. Separation of Powers

Three basic parts—branches—that share govt power

The Basic Principles4. Checks and Balances

A system to ensure that no branch becomes too powerful

Each branch has ways to limit the power of the other two. Example:

The President can veto, or reject, any act of Congress.

Congress may then override a veto with a two-thirds vote in each house

Checks and Balances

The Basic Principles5. Judicial Review

Power of the courts to decide what the Constitution means

The courts also have the power to declare a government action to be against the Constitution, or unconstitutional

The Basic Principles6. Federalism

Division of power between the central government and the states

Outline of the Constitution The Constitution originally consisted of a Preamble

(introduction) and seven sections called Articles Preamble [“We the people…”] Article I [Legislative Branch] Article II [Executive Branch] Article III [Judicial Branch] Article IV [Relations among the States] Article V [Amending the Constitution] Article VI [National debts, supremacy of national law,

and oaths of office] Article VII [Ratifying the Constitution] Signers Amendments [1789, Bill of Rights-first ten Amendments]

Preamble“We the People of the United States, in Order

to form a more perfect Union, establish Justice, insure domestic Tranquility, provide

for the common defense, promote the general Welfare, and secure the Blessings of

Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the

United States of America.” http://www.youtube.com/watch?v=pIKhRERqPS4

Preamble Outlines six goals:

1. Form a more perfect union

2. Establish justice

3. Insure domestic tranquility

4. Provide for the common defense

5. Promote the general welfare

6. Secure the blessings of liberty

Articles in the Constitution

Articles Articles I, II, and III (1-3) outline the

structure and function of the government Articles VI, V, VI, VII (4-7) address more

specific issues

Article I – Legislative

Article I – House of Reps (435 members) Outlines the structure of the Legislative Branch

Section 1: Established a bicameral legislature—two house system—Senate and House of Representatives

Section 2: House of Representatives Elections: every 2 years Qualifications: 25 yrs old, American citizen for 7 years, and a

resident of that State Apportionment: # of Reps based on population Salary: $174,000, $223,500 (Speaker) Has sole Power to Impeachment – to impeach means to accuse

or to bring accusations

Article I – Senate (100 total members) Section 3: Senate

Elections: every 6 years Qualifications: 30 yrs old, citizen for 9 yrs, must live

in State Apportionment: 2 senators per State Salary: $174,000, (party leaders) $193,400 Vice President presides over Senate, can cast only a

deciding vote—to break tie President pro tempore presides when VP is absent Has sole power to try Impeachments

Article I – Powers of Congress To levy—or collect—taxes Borrow money; Coin money; establish penalties for

counterfeiting Regulate commerce/trade with foreign nations and

among States Laws for Naturalization – immigrants becoming

citizens Establish post offices; copyrights and patents Declare war; raise Army/Navy

General Powers of Congress General Welfare Clause: gives power to

Congress to “provide for the common defense and general welfare (common good) of the US

Necessary and Proper Clause: aka “Elastic Clause,” allows Congress to make all laws that are necessary and proper to carry out duties stated for Congress

What dangers could you see arising out of these two clauses? Do they give the Federal govt too much power?

Article I – Powers denied to StatesThey cannot: Enter into any treaties or alliances Coin $ Tax foreign imports or exports Keep a standing army—they can however

keep and support a militia (2nd Amendment) which today means support for the National Guard

Article II – Executive

Article II – Executive BranchPresident and VP are chosen in same term; 22nd Amendment

establishes the term length Term: two 4-year terms; 10 years total Qualifications: must be a natural-bornnatural-born US citizen, at least 35

yrs old, and lived in US for at least 14 yrs Salary: $400,000/year + $50,000 expense account

Electoral College-the people who actually choose the President or Vice President Sum of State Senators and Representative

PA: 2 senators + 18 Representatives = 20 electoral votes 538 total electoral votes = 100 (S) + 435 (HR) + 3 (DC)

Need a simple majority — 270 electoral votes (50% + 1 vote)

Electoral votes by State (and DC), for the elections of 2012, 2016 and 2020, with changes from the 2010 Census

National elections: the Tuesday after the first Monday in November

Article II – Executive Branch

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Article II – Executive Branch

Q. If a President dies, gets killed, or deemed unfit for the Office, how is the vacancy filled?

A.

Commander-in-Chief of Armed Forces Make treaties (becomes effective with a 2/3

approval in Congress) An example of…

Can create and keep a Cabinet: close advisor on important issues—currently 15 total

Appoints all federal judges (must be approved by Congress) An example of…

Article II – Powers and Duties

Delivers a State of the Union address A speech where he urges Congress to take action

on key issues Can call Congress to a special session;

adjourn Congress if the two houses can’t agree

Receive foreign representatives, leaders, or diplomats

Article II – Powers and Duties

Article III – Judicial

Creation of only the US Supreme Court but it allows Congress to create lesser courts if needed Term: Life, or until they choose to step down Election: appointed by President, confirmed by Congress

Can hear cases for the first time (original jurisdiction) or on appeal (appellate jurisdiction)

Federal crimes and serious criminal cases are heard in a federal court

Only crime defined by Constitution: Treason During a time of war—fighting against the US, joining an

enemy, or giving an enemy comfort or aid

Article III – Judicial Branch

Constitutional Amendments

Culture in America in 1787 No cars, few cities, no phones/tv/internet Agrarian life—farmers Problems that faced that America are in no way the

ones that face America today The people who wrote the Constitution wrote it with

the needs and concerns of their time in mind Framers knew they could not make a government for

all time There needed to be room for adaptation to meet the needs

of future generations

A Living Document The Constitution IS and IS NOT the same one which

was originally written Written in 1787 through 2011

223 years…and counting Constitutional change via formal and informal

amendments To amend = to change

This allows the Constitution to grow and change with time – often referred to as a living document

Formal Amendments Changes that become part of the written

language of the Constitution. There are currently 27 formal amendments.

The first ten Amendments are called the Bill of Rights (proposed in 1789; ratified 1791) Sets out Constitutional guarantees for all

citizens

Formal Amendments

Q. How does the formal amendment process illustrate federalism?

A. It involves both the Federal Govt and the States

Formal Amendments Note the emphasis on Federalism

The proposal takes place at the national level but ratification takes place on a State-by-State matter

Note the Popular Sovereignty Because of popular sovereignty, the ultimate

decision to formally pass any amendment is given to the people

More than 10,000 amendment proposals have been sent to Congress since 1789, only 33 have reached the States; 27 have been ratified

Informal Amendments They are changes to the Constitution’s meaning

or interpretation No actual change occurs to the document itself

and there is no actual way that an informal amendment takes place

Instead, it is the ways we look at the Constitution that changes

There changes come from 5 sources…

1. Passage of basic legislation by Congress

Passing laws that explain certain parts of the Constitution

Passing laws that fill in details about the specific ways the government operates

Constitution = “skeleton” Article II—Creation of the Presidential executive

departments, agencies, and offices FBI, CIA, NSA, EPA, Press Secretary… Help President fulfill duties as executive

2. Actions taken by the President President may choose to make an executive

agreement or pact with another country instead of a treaty (which requires congressional approval)

As commander-in-chief the President has entered war without formal declaration by Congress Iraq (2003), Libya (2011)

3. Key decisions of the Supreme Court The way they explain parts of the Constitution

when ruling on cases—INTERPRETATION! “The Supreme Court is a Constitutional

Convention in continuous session.” –Woodrow Wilson

4. Political Parties No mention of parties in Constitution Parties have decreased the importance of the

electoral college—the group that formally selects the nation’s President

5. Custom Establishment of Cabinet

15 executive depts. that advise the President, developed out of custom, not because the Constitution created it