Warmup

• What interest group did you pick for Friday’s assignment?

• What was the Laswell model for that group?• (WHO gets WHAT and HOW.)

Constitution

Constitutional Convention Philadelphia, Feb. 1787 for the “sole and express

purpose of revising the Articles of Confederation”

Constitution

• -55 delegates attended from the various states except Rhode Island

• -revised the Articles and reconstituted our government with the creation of the Constitution

• -ratification required 9 of 13 states (previously was unanimous)

• -constitution ratified in 1789 and Bill of Rights approved in 1791

ConstitutionBill of Rights

• written by Madison to appease the anti-federalist contingency

• originally 12 Bill of Rights; however, only 10 approved

• 27th amendment -- pay raises for Congressmen do not go into effect until reelection - originally one of the twelve Bill of Rights proposed by Madison

• **27 amendments**

ConstitutionBill of Rights

• Amendment I- Limits on Congress

• Amendment II, III, IV- Limits on Executive

• Amendment V, VI, VII, VIII- Limits on Courts

• Amendment IX, X- Limits on National Gov’t

• Amendment 14-No state shall deprive any person of • 1. “Due Process of the Law”-- Civil Liberties• 2. “Equal Protection of the Laws”-- Civil Rights

Constitution

• -Key Philosophical Underpinnings:

• -federalism (sharing of power between state and federal government with both entities retaining power and sovereignty)

• separation of powers

• checks and balances (separate institutions sharing power & dividing power)

• individual rights

• HOBBES, LOCKE, ROUSSEAU

Background

• Thomas Hobbes – Humans need an absolute monarch to control them.

• John Locke – Life, liberty, and property should be protected. If not, people have the right to revolt.

• Jean-Jacques Rousseau – Social contract between ruler and ruled.

• Charles de Montesquieu – Separation of powers into three branches.

Constitution

• Article I- Created legislative Supremacy (evolved over time to Imperial Presidency since 1937)

• Bicameral Legislature

• Series of expressed (FORMAL) powers-- 17 expressed powers (formal powers) specifically written in the US Constitution

Constitution

• Article 1 – Expressed powers of Congress

• -power to lay and collect taxes, duties, imposts, excises

• -borrow money, coin money regulate INTERSTATE commerce (much power derived from this expressed power to tip scales of federalism in favor of national government)

• -naturalization and set standards for bankruptcy

• -standards for weights and measurements and set penalties for counterfeiting (Secret Service)

• -to establish post-office and post-roads

Constitution

• Article 1 – Expressed powers of Congress

• -copyrights and patents

• -felonies and high crimes committed on the high seas

• -”to establish tribunals inferior to the Supreme Court”-- check on the judicial branch

• -DECLARE WAR - not a presidential power (PREZ only deploys troops)

--Powers denied to Congress—

• -suspend writ of habeas corpus (unless in case of invasion or rebellion or when public safety may require it),

• pass a bill of attainder or ex post facto law

Constitution

INFORMAL POWERS-

• -powers Congress derives from its implied powers or from the necessary and proper clause… • ex.- congressional oversight, federal highways,

use of money to sway states to adhere to their rules, mandates

Constitution• Article II-- Executive Branch - FORMAL POWERS-

• Commander in Chief,

• Grant pardons and reprieves,

• make treaties with the advice and consent of the Senate (2/3s approval),

• shall appoint ambassadors, public ministers, justices of the Supreme Court with the approval of the Senate (majority approval),

• the President has the right to fill up all vacancies while the Senate is in recess until the end of the next session,

• State of the Union address to Congress

Constitution

• Article II-- Executive Branch

INFORMAL POWERS- Use of Media to coerce Congress,

Leader of the Party,

Use of the Bully Pulpit,

foreign policy

ability to meet with foreign leaders,

crisis manager

Constitution

• Article III-- Judicial Branch

• -creates the Supreme Court but leaves lower federal courts to be determined by Congress

• -judges to serve during good behavior and a compensation which will not be diminished

• -original jurisdiction when involving ambassadors, public ministers, and states

• -original and appellate jurisdiction

Constitution

• Article IV--Full faith and Credit clause

• - “shall be given in each state to the public acts, records, & judicial proceedings of every other state”

• -Privileges and Immunities Clause- extradition and service/labor clause

Constitution

• Article V --Amendment Process- to provide for a peaceful reconstitution of our government

• -2/3s of both Houses of Congress and 3/4s of State Legislatures

• -2/3s of State legislatures request a Constitutional Convention

• -3/4s of State Conventions

• -Amendments not allowed- any changes to the slave trade prior to 1808 and no state without its consent be deprived of its equal suffrage in the Senate

• **Informal methods of amending the Constitution** Not in Constitution developed over years-- Supreme Court decisions, Congressional laws

Constitution

• Article VI

• -debts and contracts from Articles transferred unto the Constitution

• --supremacy of the laws of land and treaties made

• -no religious qualification test to enter public office

• Article VII

• -ratification of the Constitution

Warmup

•Name one power enumerated to•The legislative branch•The executive branch•The judicial branch

Weekly Court CasesOyez.com

• Summarize the Court Case (at least a ¼ page)

• What Constitutional question is being debated?

• What is the majority opinion?

• What was the dissenting opinion?

• What constitutional amendments/arguments did they use in their decision?

• This week – DUE FRIDAY• Marbury v. Madison• McCulloch v. Maryland

Constitution

• Checks and Balances

• Executive over Legislature

• 1. Can veto acts of Congress• 2. Can call Congress into a special session • 3. Carries out laws of Congress via the

bureaucracy • 4. Vice president casts a tie-breaking vote in the

Senate

Constitution

• Executive over Judicial• 1. Nominates Supreme Court justices• 2. Nominates federal judges• 3. Can pardon those convicted in federal court• 4. Can refuse to enforce Court decisions

Constitution

• Legislature over Executive• 1. Can override presidential veto• 2. Can impeach and remove president• 3. Reject presidential appointments and refuse

to approve treaties• 4. Can conduct investigations into President’s

actions• 5. Can refuse to pass laws or approve of funding

that president requests

Constitution

• Legislative over Judicial

• 1. Can change size of federal court and # of Supreme Court justices

• 2. Can propose constitutional amendments

• 3. Can reject Supreme Court nominees• 4. Can impeach and remove federal judges

Constitution

• Judicial over Legislative• 1. Judicial Review• 2. Chief Justice presides over impeachment

Constitution

• Judicial over Executive

• 1. Can declare executive actions (i.e. orders) unconstitutional

• 2. Power to issue warrants

• 3. Chief Justice presides over proceedings of impeachment of President