Chapter 3 The Constitution. Section 1 Structure and Principles

Transcription

1 Chapter 3 The Constitution Section 1 Structure and Principles

2 The Constitution The Founders... 1) created the Constitution more than 200 years ago. 2) like Montesquieu, believed in separation of powers. 3) divided the federal government into legislative, executive and judicial branches.

3 The Constitution The Constitution 1) established a republic in which power is held by citizens through their representatives. 2) provides citizens with information about their rights and what they may reasonably expect from their government.

4 American System of Government The success of this system of government depends on an informed, participating citizenry. An understanding of the Constitution is key to understanding the structure and daily function of American government.

5 Structure of the Constitution Compared with other countries, the U.S. Constitution is simple and brief. It establishes the structure and powers of government, but does not spell out every aspect of how government will function. The Founders left it to future generations to work out problems as they arose. The Constitution contains about 7,000 words and is divided into three parts the Preamble, articles and the amendments.

6 Purposes of the Preamble Serves as an introduction States why the Constitution was written Indicates that the Founders wanted a government that would provide stability and order, protect citizen s liberties, and serve the people

7 Goals stated in the Preamble To form a more perfect Union establish Justice insure domestic Tranquility provide for the common defence promote the general Welfare secure the Blessings of Liberty

8 The Preamble Copy the Preamble into your notes. It will be extra credit on your test. You may recite it to me or write it on your test. You must recite every word. Every word must be spelled correctly if you choose to write it.

9 Seven Articles The Constitution is divided into seven divisions called articles. Each article covers a general topic. Most of articles are divided into sections. Article I Establishes the Legislative Branch Article II Establishes the Executive Branch Article III Establishes the Judicial Branch Article IV Relationship of States Article V Amendment Process Article VI Supremacy Clause Article VII Ratification Process

10 Article I Article I creates the legislative branch. Section 1 of Article I creates the United States Congress. Sections 2 & 3 describe the two houses the House of Representatives and the Senate. The remaining sections describe the procedure for making laws, list the type of laws that Congress can pass and specifies the powers Congress does not have.

11 Article II Article II creates the executive branch to carry out the laws passed by Congress. The executive power is vested in a President. The remaining sections describe the powers and duties of the president, qualifications for the office, procedures for electing a president and provide for a vice president.

12 Article III Article III, Section 1, establishes a Supreme Court to head the Judicial Branch. The section also gives the national government the power to create lower federal courts. Section 2 outlines the jurisdiction of the Supreme Court and other federal courts to rule on cases. Section 3 defines treason against the United States.

13 Article IV Article IV explains the relationship of the states to one another and to the national government. This article requires all states to give full faith and credit to all other states. It addresses the admission of new states and guarantees the protection of the national government to all states against invasion or domestic violence.

14 Article V Article V explains the two ways the Constitution can be amended or changed.

15 Article VI Article VI contains the supremacy clause which establishes that the Constitution, laws passed by Congress and treaties of the United States shall be the supreme Law of the Land.

16 Article VII Article VII addresses ratification and declares that the Constitution will take effect after it was ratified by nine states.

17 The Amendments The third part of the Constitution consists of amendments or changes. The Constitution has been amended 27 times throughout the nation s history. The amendment process provides a way that this document written more than two centuries ago can remain responsive to the needs of a changing nation.

18 Major Principles The Constitution rests on six major principles of government: 1) Popular Sovereignty 2) Federalism 3) Separation of Powers 4) Checks and Balances 5) Judicial Review 6) Limited Government

19 Popular Sovereignty The Constitution is based on the concept of popular sovereignty rule by the people. United States government is based on the consent of the governed; the authority for government flows from the people.

20 Federalism The terms federalism and federal system describe the basic structure of American government. The terms should not be confused with federal government which only refers to the national government in Washington D.C. Under federalism power is divided between national and state governments. Both levels have their own agencies and officials, and pass laws that directly affect citizens.

21 Separation of Powers The Constitution limits the central government by dividing power among the legislative, executive and judicial branches. Under separation of powers, each branch has its responsibilities which was designed to prevent any branch from gaining too much power.

22 Checks and Balances According to the principle of checks and balances each branch of government exercises some control over the others. Checks and balances created a system of shared powers.

23 Judicial Review Judicial review is the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution. All federal courts have this power, but the Supreme Court is the final authority on the meaning and interpretation of the Constitution. Because the Constitution is the supreme law of the land, acts contrary to it must be void.

24 Marbury v. Madison The Founders did not explicitly give such power to the judicial branch. In 1803, the Supreme Court established judicial review with the case Marbury v. Madison. This case established the precedent for federal courts to be able to rule on the actions of government. A Supreme Court decision on the meaning of the Constitution can be changed only if the Court itself changes its views or if an amendment to the Constitution is passed.

25 Limited Government The principle of limited government means that the Constitution limits the actions of government by specifically listing powers that it has and does not have. The Bill of Rights (first 10 amendments) set specific limits in the areas of freedom of expression, personal security, and fair trials.

26 Chapter 3 The Constitution Section 2 Three Branches of Government

27 Article I Article I created a bicameral legislature with the House of Representatives and the Senate. The House of Representatives was to be the voice of the people, chosen by popular vote. The Senate represented the broad interest of the state and senators were originally chosen by their state legislatures. Qualifications for senators were more rigorous, but in many ways the House and Senate had equal powers.

28 Article II Article II created the executive branch of the government and the need for a president was hotly debated by the Founders. A four-year term, appointment powers, control of the armed forces, and foreign policy decisions were all the result of compromises. A president with specified, limited powers was further guarded by an impeachment clause.

29 Article III Article III established the judicial branch. The Constitution only established one court the Supreme Court. It gave Congress the authority to set up additional courts as needed. The Constitution limited federal courts to cases arising under the Constitution, the laws of the United States, or to controversies that went outside the jurisdiction of state courts.

30 The Legislative Branch The Founders attached great importance to lawmaking and expected Congress to become the most important branch of the national government. Based upon their experiences with Parliament, they feared the abuse of power. Unlike the powers that they gave the President and the Supreme Court, they gave Congress expressed powers. Expressed powers are directly stated in the Constitution.

31 Enumerated Powers also called expressed powers they are called enumerated because they are numbered 1 18 are found in Article I, Section 8 of the Constitution.

32 Enumerated Powers Economic Legislation The power to levy taxes To borrow money To regulate commerce To coin money To punish counterfeiting

33 Enumerated Powers Defense Legislation The power to punish piracies To declare war To raise and support armed forces To provide a navy To regulate the armed forces To call forth the militia To organize the militia

34 Other Enumerated Powers Naturalizing citizens Establishing post offices Securing patents and copyrights Establishing courts Governing the District of Columbia

35 The Elastic Clause The final enumerated power is called the elastic clause because it allows Congress to stretch its powers to meet situations the Founders could never have anticipated. It is found in Article I, Section 8, Clause 18. It is also called the Necessary and Proper Clause because it gives Congress the right to make all laws necessary and proper to carry out the powers expressed in the other clauses of Article I.

36 McCullough v. Maryland From the very beginning the phrase necessary and proper posed problems. The issue was whether a strict or broad interpretation of the Constitution should be applied. This dispute was first addressed in 1819 in the Supreme Court case, McCullough v. Maryland. The Supreme Court Justices ruled in favor of a broad interpretation which supported the idea that the elastic clause gave the Congress the right to make any laws necessary to carry out its other powers.

37 Congress Then and Now First location: Federal Hall in New York (it moved to Philadelphia in 1790) First Speaker of the House: Fredrick A. Muhlenberg Bills introduced: Senate 24 House 143 Attendance Part time Current location: Washington D.C. Current Speaker of the House: John Boehner Bills introduced today: 10,000 Attendance Congress meets in continuous session now and members live and work nearly year-round in Washington D.C.

38 The Executive Branch Like Congress the responsibilities and powers of the president have grown considerably since George Washington took office in The Founders believed that the executive branch could protect liberty, private property and business. They also believed that the executive branch could also hold the legislative branch in check.

39 Vague Constitutional Powers The Constitution grants the President broad but vaguely described powers. The exact meaning of the president s power in specific situations is open to interpretation. For example, the president can fire officials in the executive branch, make agreements with foreign nations, or take emergency actions to save the nation, even though none of these actions are specifically listed in the Constitution.

40 Specific Powers 1) Commander in chief of the armed forces 2) Appoints with the consent of the Senate heads of the executive departments 3) May pardon people convicted of federal crimes (except in cases of impeachment) or reduce a person s jail sentence or fine 4) Makes treaties with the advice and consent of the Senate 5) Appoints ambassadors, federal court judges, and other top officials with the consent of the Senate

41 Specific Powers 6) Delivers the annual State of the Union message to Congress 7) Calls Congress into special session when necessary 8) Meets with heads of state, ambassadors and other foreign officials 9) Commissions of all military officers of the United States 10) Ensures that all the laws Congress passes are faithfully executed

42 The Presidency Then and Now First President George Washington 1789 Term Retired after two terms Work load light Advisor and Staff a few Presidential Papers the papers of Adams the second president fit into seven boxes Current President Barack Hussein Obama Term The 22 nd Amendment sets the number of terms a President can serve at two. Work load heavy Advisor and Staff staff of hundreds, military force of millions and a huge federal bureaucracy Presidential Papers former presidents build presidential libraries to house all of their papers

43 The Judicial Branch If judged by the length of the Article that created it, the Judicial Branch would appear to be the weakest of the three branches. After creating the Supreme Court, the Constitution allows Congress to create all inferior courts. The Framers were not concerned about the power of the justices, allowing them to hold office for life.

44 Jurisdiction of Federal Courts The judiciary of the United States has two different systems of courts. 1) federal courts powers derived from the Constitution and federal laws 2) state courts powers derived from state constitutions and state laws This has been called a dual court system.

45 Jurisdiction Every court has the authority to hear only certain kinds of cases. This authority is known as jurisdiction. Two factors determine the jurisdiction of federal courts the subject matter of the case and the parties involved in the case.

46 Federal Jurisdiction Federal courts hear cases dealing with United States laws United States treaties with foreign nations Interpretation of the Constitution Cases involving admiralty or maritime law (law of the sea) Cases involving bankruptcy

47 Federal Courts Then and Now Held Sessions small chamber in the Capitol Riding the circuit Justices used to hear appeals in faraway district courts Chief Justice John Jay Holds Sessions Current building built in 1935 Hear appeals in Washington D.C. Chief Justice John Roberts

48 Shared Power and Conflict The Constitution created three separate branches of government. It spelled out some specific areas that the three branches would cooperate including: Passing legislation Conducting war Spending money

49 The President as Legislator The executive and legislative branches must work closely together in order for legislation to become effective policy. In practice, the executive branch provides plans for much of the legislation that Congress considers. The president proposes much of the legislative agenda and spells out the details of programs that are to be enacted into law. The executive branch must have the power to carry out legislative enactments. This often involves the creation of a bureaucracy to carry out the details of policy.

50 The President vs. Congress While cooperation between the executive and legislative branches is necessary, several sources of conflict have developed between these two branches. 1) The expansion of presidential power has changed the structure of the national government without formal changes in the Constitution. 2) Another conflict has arisen because Congress has the responsibility to monitor the way the executive branch enforces the laws. Sometimes the federal courts have had to step in to settle disputes. 3) The development of political parties has created a source of conflict when the two branches are controlled by different parties.

51 Congress vs. the Courts The Constitution gave Congress the power both to create the lower federal courts and to limit the jurisdiction of the Supreme Court. Congress has been reluctant to use this authority.

52 The Supreme Court vs. the President Some Supreme Court decisions require compliance by the president in order that the decisions may be carried out. Occasionally, a president who disagrees with the Court may refuse to enforce its decision.

53 Chapter 3 The Constitution Section 3 Amending the Constitution

54 The United States Then & Now In 1787 the nation consisted of fewer than 4 million people living in 13 agricultural states along the Atlantic coast of North America. Today, more than two centuries later that same Constitution provides the foundation for governing an industrial and highly technological nation of more than 285 million people in 50 states spread across the continent and beyond.

55 The Significance of the Constitution The priceless heritage of the Constitution has been its ability to adapt to new conditions while preserving the basic form of American government.

56 The Amendment Process The Founders created a Constitution that could be adapted to a future that they could not foresee. One way they provided for change was to describe how Congress and the states could amend the Constitution. As outlined in Article V, amendments may deal with any topic except that no state can lose equal representation in the Senate without the State s consent. Amendments may be proposed and ratified (approved) in two ways. Amendments are proposed at the national level, but they are ratified on a state-by-state basis.

57 Proposing Amendments One method of proposing an amendment is by a two-thirds vote of each house of Congress. This is the only method used to date. The other method for proposing amendments is by a national convention called by Congress at the request of two-thirds (34) of the states. This method has never been used. This method is controversial because such a convention is not required to limit itself to a specific amendment and could propose amendments on any subject.

58 Ratifying Amendments One way in which states ratify amendments is for three- fourths of the state legislatures to ratify it. The other method for ratification is for each state to call a special ratifying convention. The amendment becomes part of the Constitution when three-fourths of these conventions approve it. This method has been used only once. Conventions ratified the Twenty-first Amendment which repealed the Eighteen Amendment (1919) that banned the sale of alcoholic beverages.

59 Congress Sets the Rules Congress let each state legislature determine how the ratifying conventions would be organized and how the delegates would be elected. Congress also gets to decide how much time the states will have to ratify an amendment. In modern times, Congress has set the limit at seven years.

60 Informal Changes The Constitution has kept pace with the times through informal change, which does not involve changes in the Constitution itself. Informal changes occur as government leaders and citizens fill in the details of government on a day-to-day, year-to-year basis to suit the needs of the times.

61 Informal Changes Changes through law Changes through practices Informal presidential changes Court decisions Changes through custom and usage

62 Changes Through Law Congress has passed laws that have enlarged or clarified many of the Constitution s positions. The Founders expected Congress to do this, and gave it authority to spell out many details of the national government. An example of this is that Congress has greatly expanded the executive branch by creating the cabinet departments, agencies, boards and commissions.

63 Changes Through Practice Congress has also shaped the Constitution by the way it has used its other powers. Under the Constitution, the House may impeach (accuse) federal officials of a crime. It is then up to the Senate to determine guilt or innocence. Although the meanings of treason and bribery are clear, it is up to Congress to define high crimes and misdemeanors. Two presidents have been impeached Andrew Johnson and Bill Clinton, although neither was convicted by the Senate.

64 Informal Presidential Changes Presidential actions have also added to the Constitution. Many of these additions affect the workings of the modern presidency. 1) Presidential Succession 2) Foreign Affairs 3) Domestic Affairs

65 Presidential Succession In 1841 William Henry Harrison became the first president to die in office. As provided in the Constitution, Vice President John Tyler assumed the powers of the president. Was he really the president, or was he acting as president until the next election. In 1967, the Twenty-fifth Amendment clarified presidential succession.

66 Foreign Affairs Modern presidents usually conduct foreign affairs by executive agreement, instead of using the treaty process specified in the Constitution. While a treaty is an agreement between nations, an executive agreement is made directly between the president and the head of state of another country. It does not require Senate approval.

67 Domestic Affairs The Founders thought that the executive branch would be concerned mostly with carrying out the laws initiated by Congress. However, modern presidents have become aggressive in requesting legislation from Congress. This has led to the increase in power for the president. The president plays a far greater role in American government and politics than most of the Founders imagined.

68 Court Decisions As federal courts settle cases involving constitutional questions, they interpret the meaning of the Constitution s sometimes vague words and phrases. The most important device that the Court uses to interpret the Constitution is through judicial review. Judicial review was established by Marbury vs. Madison, but there is still disagreement over how this power should be used.

69 Judicial Review Judicial Restraint holds that the Court should avoid taking the initiative on social and political questions. The Court should uphold acts of Congress unless the acts clearly violate a specific provision of the Constitution. Advocates of this policy want the Court to leave the policy making to others. Judicial Activism holds that the Court should play a role in shaping national policies. The Court should apply the Constitution to social and political questions. The Supreme Court under Chief Justice Earl Warren ( ) accepted many controversial cases, particularly civil rights and the rights of the accused.

70 Changing Court Rulings Social and political conditions of the times often affect the Court s interpretations of the Constitution. The Supreme Court has sometimes ruled that the Constitution means one thing and then years later reverses itself.

71 Changes Through Custom and Usage The Constitution has been informally enlarged through customs that have developed over time. Political parties are a good example. Although the Constitution does not mention political parties, they began soon after the government was organized. They have become an important part of American government by helping to organize government and conduct elections.