Chapter 3: The Constitution

Transcription

1 Chapter 3: The Constitution United States Government Week on October 2, 2017

2 The Constitution: Structure Pictured: James Madison Structure Preamble: introduction that states why the Constitution was written Articles: I through VII, covering general topics such as the structure of the Executive Branch, and interstate relations Amendments: literally, changes and additions to the Constitution

3 The Constitution: Principles Pictured: Alexander Hamilton Principles Popular sovereignty: rule by the people Limited government: listing of specific powers the government has and doesn t have Separation of Powers: each branch has its own, separate responsibilities Checks and Balances: each branch of government has control over the others Judicial Review: the power of courts to declare laws unconstitutional Federalism: power divided between national and state governments

4 The Constitution, Article I: The Legislative Branch Article I establishes the Legislative Branch Congress, the Senate and House of Representatives Founding Fathers know this branch would dominate Branch has expressed powers, directly stated Also called enumerated powers; Section 8, numbered 1-18 includes power to levy taxes, establish post roads elastic clause gives rights to establish necessary and proper laws other elastic clause is the interstate commerce clause

5 The Constitution, Article II: The Executive Branch Pictured: Warren Harding and Cabinet Article II establishes the Executive Branch Articles did not have an executive, could not force anyone to follow Congress laws Role of branch has grown substantially in practice President, Vice-President, president s advisors, including Cabinet Branch has broad, but vague powers, including: Commander-in-chief of the armed forces Appoints judges, ambassadors Ensures that laws are faithfully executed

6 The Constitution, Article II: The Executive Branch (today) The role of the President has grown substantially through practice Federal bureaucracy has emerged: all executive branch employees Offices added through legislation Importance of precedent Presidential war power

7 The Constitution, Article III: The Judicial Branch Article III creates the judicial branch Includes the Supreme Court and lower federal courts Allows Congress (in Article I) to create inferior courts Article III lists brief powers of the court Judges may serve for life Defines jurisdiction of the court, as well as treason Power of judicial review established through practice Are Supreme Court decisions final?

8 The Judicial Branch: Marbury v. Madison The power of the Supreme Court to interpret the Constitution was not well established 1801: Adams packed the judiciary William Marbury did not receive his commission Sued under Judiciary Act of 1789 to issue a writ of mandamus, ordering his commission to be delivered If writ issued: Jefferson might ignore it, leaving Court powerless If writ not issued: Court would appear to support Jefferson by not checking the executive John Marshall (pictured) did neither Acknowledged Marbury had a right to his commission, BUT... Declared Judiciary Act unconstitutional

9 The Constitution, Articles IV through VII Article IV: interstate relations Requires states to give "full faith and credit, recognizing laws, court decisions, and records of all other states Grants citizens privileges and immunities enjoyed in other states Fugitive slave clause (abolished 1865) Article V outlines Amendment process Article VI establishes national supremacy Revolutionary war debt would be honoured by the new government The Constitution is the supreme law of the United States Article VII addressed ratification

10 Amending the Constitution A formal change to the Constitution is known as an Amendment There are two ways for Amendments to be proposed and ratified (approved) Proposed by: a two-thirds vote of both house of Congress Constitutional Convention called by Congress on the request of 2/3rds (34) of the State Legislatures (never used) Ratified by: Three-fourths of the state legislatures Three-fourths of special state constitutional conventions (used once, for the 21st Amendment)

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12 Other Ways of Amending the Constitution Constitution may be effectively changed informally, through law, through practice, or through court decisions 1. Congress may pass laws to enlarge or clarify powers Congress expanded Judicial Branch in 1789, created Circuit Courts of Appeals in Presidents have made changes through practice, such as presidential succession 3. Rulings by the Supreme Court have interpreted the Constitution

13 The Constitution: Amendments The first ten are known as the Bill of Rights, ratified in 1791 Guarantees individual liberties and limits powers of government Rights include freedom of speech, religion, the right to bear arms, privacy, trial by jury, prohibition of excessive bail Other Amendments Civil War Amendments, (13, 14, 15): ban slavery, guarantee equal protection of laws, prohibit government from denying right to vote on basis of race Progressive-Era Amendments, (16, 17, 18, 19): income tax, direct election of Senators, Prohibition, women s suffrage Twenty-First Amendment repealed Prohibition (1933) Twenty-Fourth Amendment abolished poll taxes (1964) Twenty-Sixth Amendment lowered the voting age to 18 (1971)