chapter 3: the constitution. section 1: basic principles
TRANSCRIPT
Chapter 3: The Constitution
Section 1: Basic Principles
Outline of the ConstitutionOutline of the ConstitutionPreambleSeven articles
1. Legislative Branch2. Executive Branch3. Judicial Branch4. States’ relationship to the national
government and to each other5. Amendments6. Supreme law of the land7. Ratification
Amendments (27)
The three branches of government
The Constitution:
1. Legislative Branch
2. Executive Branch
3. Judicial Branch
4. States’ relationship to national government and each other
5. Amendments
6. Supreme law of the land
7. Ratification
Outline of the ConstitutionOutline of the Constitution
The Constitution:
1. Leaves
2. Every
3. Judge
4. Single
5. And
6. Seeking
7. Romance
Six Principles of the Constitution
Six Principles of the Constitution
1. Popular Sovereignty2. Limited Government3. Separation of Powers4. Checks and Balances5. Judicial Review6. Federalism
Principle #1: Popular Sovereignty
Principle #1: Popular Sovereignty
“Popular sovereignty”: The idea that power resides with the people
Government can only govern with the consent of the governed
The people have given the gov’t its power, as seen in the Preamble:
Government is run by elected leaders chosen by the people to represent them
“We the People of the United States… do ordain and establish this Constitution for the United States of America.”
Principle #2: Limited Government
Principle #2: Limited Government
“Limited government”: The idea that the government is only allowed to do the specific things that the people have given it the power to do
Also called “constitutionalism”: The idea that government must be run according to the constitution
Also called “rule of law”: The idea that government officials must act within the law; they are never above it
Principle #3: Separation of Powers
Principle #3: Separation of Powers
The three basic functions of government are divided among three distinct branches:
Branch Article of Constitution
Function Highest Government Body
Legislative I
Make laws
Congress
Executive II
Enforce laws
President
Judicial IIIInterpret laws
Supreme Court
Principle #4: Checks and Balances
Principle #4: Checks and Balances
“Check”: A restriction that one branch of government has over the power of another
“Balances”: All three branches are equally important and none is more powerful than another
System designed to prevent a few people in one branch from having too much power
Checks and Balances Summary
Checks and Balances Summary
Legislative Branch(Congress)
Checks on Judicial:•Creates lower courts•Impeach judges•Propose amendments to overrule judicial rulings•Approve appointments of federal judges
Checks on Executive:•Override veto•Confirm presidential appointments•Control money•Declare war•Ratify treaties•Impeach president
Executive Branch(President)
Checks on Legislative:
•Propose laws•Veto laws•Call special sessions of Congress•Negotiate treaties
Checks on Judicial:•Appoints federal judges•Grant pardons to federal offenders
Judicial Branch(Federal Courts)
Checks on Executive:•Declare executive actions unconstitutional
Checks on Legislative:•Declare acts of Congress unconstitutional
Principle #5: Judicial ReviewPrinciple #5: Judicial ReviewThe courts’ power to declare a government
action unconstitutionalEstablished by 1803 Supreme Court case
Marbury v. Madison.Supreme Court has struck down:
About 150 acts of CongressSeveral presidential actionsHundreds of state and local laws
Discussion Question: Judicial Review
Discussion Question: Judicial Review
Facts:Not all speech is protected under
the First Amendment. For example, you can’t yell “Fire!” in a crowded theater.
“Incitement” is an example of non-protected speech. It’s when you work up a crowd to go commit illegal acts.
One test to decide if something is incitement is “proximity”: The person must be physically near the crowd. ?
Discussion QuestionDiscussion QuestionQuestion:
A film director makes a movie about Mohammed that is so offensive to Muslims that demonstrators attack American Embassies in Muslim countries and some Americans are killed.
Should the definition of incitement be changed to eliminate the requirement of proximity? ?
Principle #6: FederalismPrinciple #6: FederalismGovernment power is divided between
national and state levels of governmentCompromise between states’ desires to
govern themselves and the need for a central government strong enough to be effective
Federalism Venn DiagramFederalism Venn Diagram
National Government
State Government
-Taxes-Build roads
-Borrow money
-Establish courts
-Provide for public
welfare& security
Supplement: Articles of the Constitution
Article I: Legislative BranchSection 1: Congress
Article I: Legislative BranchSection 1: Congress
Congress has the power to make lawsCongress is “bicameral” (has two houses);
made up of the Senate and the House of Representatives
Article I: Legislative BranchSect. 2: House of Representatives
Article I: Legislative BranchSect. 2: House of Representatives
Clause 1: Members elected every 2 years Clause 2: Qualifications
25 years oldA citizen of the US for at least 7 yearsLive in the state in which s/he is elected
Clause 3: Apportionment (Assigning number of Reps per state)Distributed by populationCounted all free persons & 3/5 of “other persons” (slaves)—The
Three-Fifths Compromise (nullified by 13th Amendment) Talks about how to decide the number of representatives per
state, but today the total is set at 435. Clause 4: If a representative dies or leaves office, the governor
of that state must call a special election to replace him or her. Clause 5: House chooses its own Speaker and other officers
and may impeach them
Article I: Legislative BranchSection 3: Senate
Article I: Legislative BranchSection 3: Senate
Clause 1:Two Senators from each StateTerm of 6 years
Clause 2: Elections are held every two years, with 1/3 of
senators up for election each timeTalks about how vacancies are filled if a
senator dies or leaves office, but today the governor of a state chooses a replacement.
Clause 3: Qualifications30 years oldCitizen of the US for nine yearsLives in the state where elected
Article I: Legislative BranchSection 3: Senate, cont’d
Article I: Legislative BranchSection 3: Senate, cont’d
Clause 4: Vice President of the US is President of the Senate but only votes in case of a tie
Clause 5: Senate chooses its own officers, including a President pro tempore (“President pro tem”), who acts as president when the VP is absent (which is most of the time)
Clause 6: ImpeachmentsSenate is the jury in federal impeachmentsIf the president is being impeached, the Chief
Justice of the Supreme Court presidesImpeachment requires a 2/3 vote of senators
presentClause 7:
Maximum penalty under impeachment is removal from office
Impeached official is still open to charges of other crimes
Article I: Legislative BranchSection 4: Elections,
Meetings
Article I: Legislative BranchSection 4: Elections,
MeetingsClause 1: Each state can decide when,
where, and how Senators & Representatives are electedCongress later required states to set up
congressional districts, with each district getting one Representative
Congress also later required that congressional elections are held on the same day in every state, in even-numbered years
Clause 2: Congress must meet once a year
Article I: Legislative BranchSection 5: Conducting
Business
Article I: Legislative BranchSection 5: Conducting
BusinessClause 1:
Each house decides whether its members are qualified
Must have a “quorum,” a majority, to do businessEach sets its own rules to deal with absent members
Clause 2: Each house can create/enforce its own rules
Clause 3: Each house must keep a record of its proceedings and votes, unless there is some reason something must be kept secret
Clause 4: Neither house can adjourn more than 3 days without
other’s consentBoth houses must meet in their official location
Article I: Legislative BranchSection 6: Employment
Article I: Legislative BranchSection 6: Employment
Clause 1: Senators & Representatives are paid by the
TreasuryThey can’t be arrested for civil cases while in
session or on their way to or from a session; they can still be arrested for crimes
They can’t be sued for anything they say in session
Clause 2: A member of Congress can’t hold any other
federal jobs during their termA former member can’t hold a federal office
created while s/he was in Congress
Article I: Legislative BranchSection 7: Making Laws
Article I: Legislative BranchSection 7: Making Laws
Clause 1: Any law raising money must originate in the House (the House “holds the gov’ts purse-strings”)
Article I: Legislative BranchSection 7: Making Laws
Article I: Legislative BranchSection 7: Making Laws
Clause 2: How a Bill Becomes a Law1. The bill passes both houses2. It goes to the president3. There is a 10-day deadline for action. In that
time, one of the following will happen:The president signs it and it becomes law.The president vetoes it and returns it to the house in
which it originated.The president fails to act, and if Congress is still in
session after ten days it becomes law.If Congress adjourns in less than ten days, the
president may choose not to sign the bill and it dies. This is a “pocket veto.”
Article I: Legislative BranchSection 7: Making Laws
Article I: Legislative BranchSection 7: Making Laws
Clause 2: How a Bill Becomes a Law (cont’d)4. If the bill is vetoes and returned to Congress,
they may still pass it by overriding the president’s veto with a 2/3 vote in both houses.
Article I: Legislative BranchSection 7: Making Laws
Article I: Legislative BranchSection 7: Making Laws
Clause 3: Resolutions are passed the same way as bills (i.e., they go to the president for signature, but a veto may be overridden with a 2/3 vote)
Article I: Legislative BranchSection 8: Powers of
Congress
Article I: Legislative BranchSection 8: Powers of
CongressNote: These 18 powers are also called the “enumerated” (listed) powers.Clause 1: To collect taxesClause 2: To borrow moneyClause 3: To regulate foreign and interstate commerceClause 4: Establish laws about becoming a citizen and about bankruptcyClause 5: To make money and standardize weights and measuresClause 6: To set punishments for counterfeiting
Article I: Legislative BranchSection 8: Powers of
Congress
Article I: Legislative BranchSection 8: Powers of
CongressClause 7: Establish Post Offices and post
roadsClause 8: Establish copyrights & patentsClause 9: Establish federal courts lower
than the Supreme CourtClause 10: Establish maritime lawClause 11: Declare warClause 12: Raise and maintain armiesClause 13: Provide and maintain a navyClause 14: Establish military law
Article I: Legislative BranchSection 8: Powers of
Congress
Article I: Legislative BranchSection 8: Powers of
CongressClause 15: Provide for calling forth the
Militia (today this is the National Guard)Clause 16: Provide for organizing, arming,
disciplining and training the MilitiaClause 17: To have legislative authority over
Washington, D.C. and territories purchased by the U.S.
Clause 18: To make all laws “necessary and proper” to carry out the powers in clauses 1-17 (the “Necessary and Proper Clause”)
Article I: Legislative BranchSect. 9: Powers Denied
Congress
Article I: Legislative BranchSect. 9: Powers Denied
CongressClause 1: Congress can’t outlaw the slave
trade before 1808 (outdated, obviously)Clause 2: Can’t suspend right of habeas
corpus except during rebellion or invasion. Right of habeas corpus means that prisoners must be taken to court and told why they are being held.
Clause 3: No bills of attainder: laws saying someone is
guilty of a crimeNo ex post facto laws: laws that punish an act
that was committed before it was illegal
Article I: Legislative BranchSect. 9: Powers Denied
Congress
Article I: Legislative BranchSect. 9: Powers Denied
CongressClause 4: No direct taxes unless in
proportion with the censusClause 5: No taxes on exportsClause 6: Can’t give preferential treatment
for trade to one state over anotherClause 7: Can’t withdraw money from
Treasury without “appropriating” it (passing a law to take it)
Clause 8: The U.S. can’t give titles of nobility, and no one holding office in the U.S. can accept a title from a foreign country
Article I: Legislative BranchSection 10: Powers Denied
States
Article I: Legislative BranchSection 10: Powers Denied
StatesClause 1: States cannot:
Enter into treatiesGrant letters of marque and reprisalMake moneyGive bills of creditPass bills of attainder, ex post facto laws, or
laws that interfere with contractsGrant titles of nobility
Article I: Legislative BranchSection 10: Powers Denied
States
Article I: Legislative BranchSection 10: Powers Denied
StatesClause 2: States can’t charge taxes on
imports or exports. They can charge inspection fees but any profits go to the U.S. Treasury
Clause 3: States can’tMaintain an army or navyMake treatiesDeclare war, unless they are invaded or about
to be invaded
Article II: Executive BranchSection 1: Office of
President
Article II: Executive BranchSection 1: Office of
PresidentClause 1:
The president holds executive powerPresident and Vice president have 4 year term
Clause 2: Establishes Electoral CollegeClause 3: Nullified by the 12th AmendmentClause 4: Congress sets the presidential election
dateClause 5: Requirements to be president
Natural born citizenAt least 35 years oldLiving in the U.S. for at least 14 years
Clause 6: Modified by 25th AmendmentClause 7: The president gets paid.Clause 8: Creates the Oath of Office
Article II: Executive BranchSection 2: Presidential
Powers
Article II: Executive BranchSection 2: Presidential
PowersClause 1
Commander in Chief of the militaryPower to Grant Pardons
Clause 2Power to make treatiesPower to appoint ambassadors, Supreme
Court judges, and other officersClause 3: Power to fill vacancies when
Senate is out of session
Article II: Executive BranchSection 3: Presidential
Powers
Article II: Executive BranchSection 3: Presidential
PowersState of the Union AddressConvene Congress
Presidential Powers Mnemonic
Presidential Powers Mnemonic
The President has lots of VETS CAPS:Veto power
Executive power
Treaty power
State of the Union Address
Commander in Chief
Appointment power
Pardon power
Special sessions of Congress
Article II: Executive BranchSection 4: Impeachment
Article II: Executive BranchSection 4: Impeachment
President and Vice President can be impeached for “Treason, Bribery, or other high Crimes and Misdemeanors.”
Article III: Judicial BranchArticle III: Judicial BranchSection 1: Establishes Supreme Court and
gives it all judicial powerSection 2
Clause 1: Establishes jurisdiction of federal courtsClause 2: Lists types of cases where Supreme
Court has original jurisdiction and appellate jurisdiction
Clause 3: All trials of crimes held in federal courts will be jury trials
Section 3: TreasonDefinition of treasonRelatives of person convicted of treason can’t be
punished
Article IV: The StatesArticle IV: The StatesSection 1: Each state has to recognize the laws, public
acts, and records of other statesSection 2:
Clause 1: States can’t discriminate against residents of other states
Clause 2: If a person flees their state to escape justice, the state s/he must be extradited on demand
Clause 3: Fugitive slave clause. Nullified by 13th AmendmentSection 3:
Clause 1: Makes it possible to create new statesClause 2: All territories owned by the US are under the
control of Congress (refers to the Western Territories that weren’t states yet)
Section 4:All states will have a representative style of governmentThe federal government will provide the states with military
defense and support
Article V: AmendmentsArticle V: AmendmentsAn amendment may be proposed by either
2/3 of Congress, or 2/3 of state conventions called by Congress at the request of the states
An amendment may be ratified by either 3/4 of state legislatures, or 3/4 of state conventions
No amendments could be made before 1808 to outlaw the slave trade (expired)
No amendment may end the equal representation of states in the Senate
Article VI: Supremacy and Debts
Article VI: Supremacy and Debts
Clause 1: The new government agrees to take on all debts of the old government under the Articles of Confederation
Clause 2: The Constitution is the Supreme Law of the Land (the “Supremacy Clause”)
Clause 3:All members of Congress must take an oath to
uphold the ConstitutionMembers of Congress shall not be required to
pass any religious test or have a certain religious affiliation
Article VII: RatificationArticle VII: RatificationNine states had to ratify the Constitution for
it to be enacted.
Section 2: Formal Amendment
AmendmentsAmendmentsA change made to the ConstitutionMade by adding text to the end of the
documentCurrently, there are 27 Constitutional
amendments.The Constitution explains how
amendments may be madeAmendments are purposely difficult to
make, so that people cannot easily change the Constitution
Amendment ProcessAmendment Process
2/33/4
Amendment is “proposed” (introduced) by either:Congress proposes an amendment and it
passes by a 2/3 vote in both housesA national convention, called by Congress at
the request of at least 2/3 of state legislaturesAmendment is “ratified” (approved) by
either:3/4 of state legislaturesConventions are called in all 50 states, and
3/4 of them must ratify
Discussion QuestionDiscussion QuestionWhy did the Framers make it so
difficult to amend the Constitution?
?
Federalism & AmendmentsFederalism & AmendmentsThe national level of government proposes
amendmentsThe state level ratifies them
Popular Sovereignty & Amendments
Popular Sovereignty & Amendments
Ratification is done by either:Delegates elected by the people to a state
conventionRepresentatives elected by the people to the
state legislatureEither way, the people decide whether or
not to ratify the amendment
How Amendments are Proposed
How Amendments are Proposed
Congress (or a national convention) proposes the amendment
The amendment is sent to the states for ratificationIt is NOT sent to the president, like a law
How Amendments are Ratified
How Amendments are Ratified
The state legislatures or conventions vote on ratification
Congress usually sets a time limit for ratification, like 7-10 years
Within that time, the states vote.If they reject the amendment, they can later
change their mind, as long as they are still within the time limit
If they accept the amendment, they are not allowed to change their mind later
The 27 AmendmentsThe 27 Amendments1-10: Bill of Rights11-12: Pre-Civil War13-15: Civil War Amendments16-27: 20th Century
Supplement: Mnemonics for the Amendments
The Bill of Rights, 1-3The Bill of Rights, 1-3Amendment Right Mnemonic
1Freedom of speech, religion, speech, press, & assembly
PAPERS:- Press- Assembly- Petition- Religion- Speech
2Right to bear arms Two Bare Arms:
3No soldiers may be quartered in a house without owners consent
Three Quarters in my Pocket
Bill of Rights, 4-6Bill of Rights, 4-6Amendment Right Mnemonic
4No unreasonable searches or seizures
“What are you searching
4?”
5No double jeopardy, no testifying against yourself, right to due process, private property can’t be taken without compensation
“I plead the Fifth!”(Protection in court)
6Right to speedy trial by impartial jury, right to know what you’re accused of, right to confront your accuser, right to witnesses in your favor, right to an attorney
The words Public, Speedy, and Trials all have 6 letters.
Bill of Rights 7-8Bill of Rights 7-8Amendment Right Mnemonic
7Right to trial by jury in civil matters over $20
“Lucky 7” may bring you a better settlement with a jury trial
8No excessive bail or fines, no cruel and unusual punishment
It would be cruel and unusual punishment if the judge “ate” you.
Bill of Rights 9-10Bill of Rights 9-10Amendment Right Mnemonic
9The rights listed in the Constitution are not the only rights people have.
The 9eople have other rights!
10Powers not given to the US or prohibited to the states by the Constitution go to the states or the people (Reserved Powers Clause)
States and people get the last word (last amendment of the Bill of Rights)
Pre-Civil War AmendmentsPre-Civil War AmendmentsAmendment Right Mnemonic
11Cannot sue another state without permission from that state’s court
1 person needs court permission to
sue 1 state.
12Separate ballots must be cast for the President and Vice President
These are the #1 &
#2 jobs in the country
Civil War AmendmentsCivil War AmendmentsAmendment Right Mnemonic
13Slavery is illegal. The original 13
colonies had slaves.
14Foreign-born citizens (read: “former slaves”) have the same rights as natural born citizens
Amendment “Foreignteen”
15Right to vote can’t be taken away because of race, color, or previous condition of servitude
When you’re 15, you can get your “racing” (driving) permit.
20th Century Amendments16-19
20th Century Amendments16-19
Amendment Right Mnemonic
16Federal government has the power to tax
Can get a job at 16 and pay income taxes
17 Election of senators by the people
7 – 1 = 6 years in a Senator’s term
18 Banned manufacture, sale, or transportation of alcohol
You can’t drink at 18.
19 Gave women the right to vote
1 pregnant woman suffers for 9 months.
“In come
Senators
with alcohol
& women.”
“In come
Senators
with alcohol
& women.”
20th Century Amendments19-21
20th Century Amendments19-21
Amendment Right Mnemonic
20President takes office on Jan. 20; how often Congress meets; how to replace a Representative
President takes office on January 20.
21Repealed the 18th Amendment (banning alcohol)
You CAN drink at 21
20th Century Amendments22-24
20th Century Amendments22-24
Amendment Right Mnemonic
22President may only serve two terms in office.
President is limited “to two” (2-2) terms.
23Allowed residents of Washington, D.C. to vote
“2-3-DC”
24Prohibits poll taxes On Dec. 24,
Santa is busy at the No Poll (North Pole)
20th Century Amendments25-27
20th Century Amendments25-27
Amendment Right Mnemonic
25Order of succession to fill the presidency
“Amendment 25 if the president’s not alive.”
26Lowered voting age to 18
2 + 6 = 8(teen)
27If Congress votes to give itself a pay raise, it won’t take effect until the next Congressional election.
We could “raise” the number of letters in the alphabet to 27.
Section 3: Change by Other Means
Other Ways to Change the Meaning of the ConstitutionOther Ways to Change the
Meaning of the Constitution1. Basic legislation2. Executive action3. Court decisions4. Party practices5. Custom and usage
Change through LegislationChange through LegislationLaws can help explain
the meaning of the Constitution
Examples of Change through Legislation
Examples of Change through Legislation
Judiciary Act of 1789Constitution says Congress was to set up
federal courts (other than Supreme Ct.) but didn’t say how
Judiciary Act passed during first session of Congress to create the first courts
Since then, federal courts have been established by acts of Congress
Power to Regulate CommerceConstitution gives Congress power to
regulate commerce, but is vague about howCongress has passed laws regulating trade,
which establishes how it uses this power
Change through Executive Action
Change through Executive Action
“Executive Action”: Actions taken by the president
Presidents’ actions over the years have expanded on the powers already given to them by the Constitution
Vice President Joe Biden and President Barack Obama in the Oval OfficeJuly 31, 2012
Official White House photo
Examples of Change through Executive Actions
Examples of Change through Executive Actions
Thomas Jefferson made the Louisiana Purchase, doubling the size of the U.S.
Presidents can make “executive agreements” with foreign leadersExecutive agreements don’t have to be
approved by Congress; treaties doRecent presidents have used executive
agreements rather than treatiesPresident is commander in chief of the
militaryOnly Congress can declare warPresidents have sent troops into combat
without a declaration of war
Change through Court Decisions
Change through Court Decisions
Through the power of judicial review, Supreme Court can declare laws unconstitutional
The way courts interpret the Constitution become “precedents”: court decisions from the past that help determine how courts will decide similar issues in the future
Courtroom of the U.S. Supreme Court
Change through Political Parties
Change through Political Parties
Parties didn’t exist when Constitution was written
Actions of the parties have shaped how the Constitution is implemented
Examples of Change through Political Parties
Examples of Change through Political Parties
Nomination of presidential candidatesConstitution doesn’t explain how candidates
will be nominatedPolitical parties have developed their own
systemsEffect on electoral college
Constitution says electoral college is a group of representatives from each state that elects the President
Today, electoral college includes delegates based on people’s votes by party
Congress is organized by partyPresident considers party in appointments
Discussion QuestionDiscussion QuestionDo you think political parties
should have influence over how we interpret the Constitution?
?
Examples of Change through Custom
Examples of Change through Custom
Heads of the different executive department make up the group of advisors to the President called the “Cabinet”
When a President dies in office, the Vice President takes over the officeThis custom was made official in the 25th
Amendment in 1967; until then it was just custom
President only serves two termsUntil Franklin Roosevelt, this was a customRoosevelt was elected for four termsAfter Roosevelt, the 22nd Amendment limited
terms to 2.