Chapter 3. Section I Basic framework of our government Not a weighty document Sections Preamble Introduction; Short & Noteworthy 7 Articles A. I: Legislative.

THE CONSTITUTION

Chapter 3

THE SIX BASIC PRINCIPLES

Section I

THE CONSTITUTION Basic framework of our government

Not a weighty document Sections

Preamble Introduction; Short & Noteworthy

7 Articles A. I: Legislative Branch A. II: Executive Branch A. III: Judicial Branch A. IV: Relations among States A. V: Amending the Constitution A. VI: National Debt, Supremacy of Nat’l Law, Oaths of

Office A. VII: Ratifying the Constitution

27 Amendments

BASIC PRINCIPLES

POPULAR SOVEREIGNTY Political power rests with the people

Only source of governmental powerPreamble, “We the people…”

People have given their power to the government

States have similar principals Goes back to the “Social Contract”

Theory

LIMITED GOVERNMENT Government is NOT all powerful

Given control by the populace Flip side of “Popular Sovereignty” coin Government must obey the law

Governmental conduct must be constitutional

Rule of Law Government & officials subject to the law

SEPARATION OF POWERS Powers spread through the 3 branches

Legislative Branch Makes laws

Executive Branch Enforces laws

Judicial Branch Interprets laws

CHECKS & BALANCES Branches of the Government tied together

Constitutional Checks (restraints) Page 68

Clashes do occur Executive appointments Overriding vetoes Impeachment of U.S. Presidents

Only happened twice (A. Johnson & B. Clinton) Conflicts try to be avoided

System works best if Congress & President are the same party

Prevention of “unjust combination of the majority”

JUDICIAL REVIEW Power of the Courts to check

governmental actions Deem laws unconstitutional; null and

void Held by Federal & most State courts Not fully expressed in the Constitution

Called for in Federalist Papers #51 & 78 Landmark case

Marbury vs. Madison (1803)

…CONTINUED Government usually

found in the rightNot always, though

150 cases found Congress’ actions were Unconstitutional

Struck down Executive appointments

More than 1100 State laws have been struck down

FEDERALISM Division of power among Central &

Regional governments Federal government holds some power

Other powers belong to the States Stemmed from two historic issues

Powerful central government 3000 miles away

Weak central government under the A of C

FORMAL AMENDMENT

Section II

THE FORMAL AMENDMENT PROCESS

Framers knew that the Constitution would need to change over time

Article VFour formal amendment processes

First Method2/3 vote in each Congressional HouseRatified by 3/4 of State Legislatures

38 States today26 of 27 amendments adapted this way

Second MethodAmendment proposed by Congress3/4 of State Conventions needed to approve21st Amendment (1933)

Repealed 18th Amendment Reflects votes of the people

Third MethodNational Convention

Called by Congress & 2/3 of States (34)Ratified by 3/4 of State Legislatures

Fourth MethodProposed by National ConventionRatified by 3/4 of StatesConstitution was adopted this way

FEDERALISM & POPULAR SOVEREIGNTY

Federal character shown in amendment processProposed at National level, Ratified at the

State level Criticism of Ratification process

Should be State convention not Legislative action

States cannot give voters a say until State Legislatures have ratified Advisory vote maybe administered to the

people

PROPOSING AN AMENDMENT

No State can be denied the right to vote Resolutions for amendments are not

sent to the PresidentProposing an amendment, Not a law

States can later approve Amendments 15,000 resolutions since 1789

33 sent to States27 ratifications

Time limits placed on Amendment processModern time line; 7 years

AMENDMENTS 27 Amendments

Helped Constitution keep pace with Modern times

Bill of Rights1791Helped cease criticism of Constitution

among StatesFirst Ten Amendments

Freedom of Belief & Expression Fair & Equal treatment under the Law 10th; Reserved power of Federal system

11th: Immunity of States from certain lawsuits (1795)2 years to ratify

12th:Changes in electoral college procedures (1804)11 months

13th: Abolition of slavery (1865)6 months

14th:Citizenship, due process, equal protection (1868)2 years

15th: No denial of vote because of race, color, or previous enslavement (1870)11 months

16th: Power of Congress to tax income (1913) 3 years

17th: Popular election of U.S. Senators (1913) 10 months

18th: Prohibition of alcohol (1919) 1 year

19th: Woman suffrage (1920) 1 year

20th: Change of dates for start of presidential and Congressional terms (1933) 10 months

21st: Repeal of Prohibition (1933) 9 months

22nd: Limit of presidential terms (1951) 3 years

23rd: District of Columbia vote in presidential elections (1961) 9 months

24th: Ban of tax payment as voter qualification (1964) 1 year

25th: Presidential succession, vice presidential vacancy, & presidential disability (1967) 1 year

26th: Voting age of 18 (1971) 3 months

27th: Congressional pay (1992) 202 years

CONSTITUTIONAL CHANGE BY OTHER MEANS

Section III

BASIC LEGISLATION Congress is an agent of change

Adding “flesh” to the skeletal portions of the Constitution Article III, Sec. I- Est. of a Supreme Court Congress has established lower courts

Congress has added ways of dealing with many powers Interstate trade and International commerce

Economic world is different from the 1790’s

EXECUTIVE ACTIONS & THE COURTS

Presidential power has led to growth in the Constitution Commander-in-Chief of the Army

Declared war without Congressional consent Executive Agreements

Pact between the President and the Head of another State

Different from Treaties which must be approved by the Senate

Less cumbersome than treaties

Court Decisions Courts interpret and apply Constitution in cases

PARTY PRACTICES Parties major source for change

Not mentioned in Constitution Framers opposed the development of parties

Constitution does not speak of Presidential nominations 1830’s on parties have set a Candidate

Electoral College has become a “rubber stamp” of State popular vote.

Congressional Houses are basis of party structure

Presidential appointments are of the same party Government of the parties

CUSTOMS Customs and not the Constitution have

created institutions Cabinet

Heads of 15 Executive Dept. Vice President

Steps into office upon the President’s death or removal Not an Amendment until the 25th

Senatorial Courtesy Consultation of Senators by President for political

appointments Term Limits

Custom set by GW that Presidents served two terms FDR ran for and won a 3rd and 4th Term in Office 22nd Amendment added in 1951

FEDERALISM: THE DIVISION OF POWER

Chapter IV, Section I

WHY FEDERALISM? Division of governmental power

between a central (national) government & regional governments

Each location has its own set of powersCannot change unless it is across the whole

systemEach level operates its own agencies

American system set in our ConstitutionDivision of Powers

National & State governments

…CONTINUED Dual system of government

Two levels with separate fields of authorityEach operates over the same people at the

same time Strength

Local action in local mattersNational action in areas of wider concern

Strength through unityNational defense and foreign affairsEx. Natural Disaster: Local, State, &

National Government agencies may become involved

POWERS OF THE NATIONAL GOVERNMENT

Expressed PowersExpressed to the National Government in

our ConstitutionEnumerated powersCongressional Powers (Article I, Sec. VIII)

Collect taxes, coin money, regulate foreign/interstate commerce, declare war, etc.

Executive Powers (Article II, Sec. II) Commander-in-Chief of the army, grant

reprieves and pardons, make treaties, etc. Judicial Powers (Article III)Expressed powers found in Amendments

16th Amendment allows levy of income tax

…CONTINUED Implied Powers

The Necessary and Proper Clause Article I, Section VIII, Clause 18 Congress has implied powers, though not fully

expressed Elastic Clause-Stretches over so many situations

Examples Building of hydroelectric power dams Building interstate highway system Prohibited racial discrimination

…CONTINUED Inherent Powers

Powers given to the government because it is the government of a sovereign state

Framers meant for government to have power

Examples Regulate immigration Deport aliens Acquire territory Recognize and deal with other States

Powers exist because the U.S. does

POWERS DENIED TO THE NAT’L GOVERNMENT

ExpressedTaking private property for public use

without paymentProhibiting freedom of religion, speech, etc.

Silent DenialsNational public school systemEnact uniform marriage or divorce lawsSilence of Con. denies the government

power Federal Denials

Government cannot tax the StatesCould tax States out of existence

THE STATESPOWERS RESERVED

Reserved PowersCon. does not grant Nat’l government

powers, does not deny States States can,

Set drinking ageEst. public schoolsSet speed limits

Most government actions are done by the StatesStates protect and promote local health and

safety

THE STATESPOWERS DENIED

States cannot enter into a treaty, alliance, or confederation

States cannot print money Deprivation of citizen rights

Above are Expressed Denials States cannot tax National agencies

Inherent Denials

State constitutions deny states powers

THE EXCLUSIVE & THE CONCURRENT POWERS

Exclusive PowersPowers delegated

to our Nat’l Government

Exercised by the Government alone

Cannot be applied by the States Ex. Coining Money

…CONTINUED Concurrent Powers

Possessed by both the State & National Governments

Not exclusively granted to the National Government but not denied to the States Ex. Levying Taxes

FEDERAL SYSTEM & LOCAL GOVERNMENT

3 Levels of GovernmentNational, State, & Local

2 Basic Federal levelsNational & State

87,000 local government unitsSubunits of State governmentsLocated within all 50 statesProvide services, regulate activities, collect

taxes, etc. States are a Unitary government

Allow for the existence of local governments

SUPREME LAW OF THE LAND

Two levels of government breed conflict Framers understood that conflicts would

occur Supremacy Clause

Article VI. Sec. IIConstitution & Laws are supreme authorityConstitution can stand alone Joins together National Government and the

States into 1 unit

SUPREME COURT & FEDERALISM

Umpires of the Federal System Apply Supremacy Clause when conflicts

arise McCulloch vs. Maryland (1819)

Maryland hoped to cripple the Second Nat’l Bank by taxing it

McCulloch, cashier of the bank, refused to pay taxes

Maryland courts convicted him U.S. Supreme Court overturned Maryland’s

decision Courts helped the U.S. survive the early

years