“The Document” – The Constitution is Alive!

Dr. East 10/8/2015

Our Constitution …• Establishes a Federalist system of government

– What is this?• Ans. = system of government where power is divided

between central gov. (Feds) and states’ governments • Local governments exist at the will of the state gov. … no

mention of them made in Constitution

• Designed with an elaborate system of Checks and Balances to protect against...???– Ans = Tyranny, by majority, by branches against

others

• Designed to enhance government by popular sovereignty – What was this again?– Ans. = Idea that government rests in the authority

of common people…by their voting (suffrage) actions

Remember! Checks against tyranny were the focus of many Federalist Papers arguing for Ratification

• Federalist 10 (Madison) – Const. designed to have factions counter balancing each other - “Ambition must be made to counteract ambition”– What was a faction again?– Ans. = interest groups, parties, lobbyists

• Federalist 51 (Madison) - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. – What did this mean? ____________________________

Structure of Document• Preamble

– Can anybody still say it?!

• 7 Articles (main sections)– Each with sub-sections and clauses

(paragraphs)

• 27 Amendments

• Bill of Rights, 1st 10 amendments

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.

Articles• Article I – all about Congress

(legislature) establishes bicameral system and lists powers– HOR and Senate

• Article II – explains powers of President and describes the Electoral College system for electing Pres. and VP

• Article III – establishes the Supreme Court and the federal courts system

• Article IV – describes relations between the states– Includes “full faith and credit clause” which

indicates that states should honor the laws and judgments of other states

• Article V – explains how the constitution can be amended

• Article VI – declares the Constitution to be the Supreme Law of the land– This is what is meant by the “supremacy clause”

which suggests that in cases of conflict fed. law and will wins out over state law and will

– How did this play out in Arkansas in the movie “A More Perfect Union”? _______________________

• Article VII – explains the process for ratifying the Constitution via approval from 9 of 13 state conventions

Powers Described in the Constitution

• Delegated, expressed or enumerated powers, powers listed as being that of Federal Government– Longest list in section on Congress (Art. 1, Sec. 8)– Ex. Congress can delcare war or make coin

• Implied powers – powers derived from those that were enumerated BUT really are open to interpretation • Ex. Necessary and Proper Clause = “power to make

all laws which shall be necessary and proper for carrying into execution the foregoing powers”

• also known as “elastic clause” because of its ability to be stretched by interpretation.

• Inherent powers – those implied from role in Gov. … open to interpretation by courts and office holders

• Reserved Powers (also know as police powers– “police” in the sense of having surveillance or jurisdiction over something), powers reserved to states only– 10th Amendment – powers not delegated to

feds, go to states/people

• Concurrent Powers – those powers shared by national and state governments

Powers cont.

Powers cont.

• Denied (Prohibited) Powers – powers explicitly denied to any or either government

• Examples powers denied to both: – bill of attainder = law declaring an act

illegal without a trial– ex post facto laws = law that makes an act

punishable as a crime even if that act was legal at the time it was committed

Why is the Constitution Alive?

• Could the framers have ever dreamed our world today?

• Should the Constitution be strictly interpreted (applied as fixed and unalterable) or loosely interpreted ...meaning expandable or amendable to apply today?

• Tension between big and small government folks exists all the time on this question.