Structure of the Structure of the ConstitutionConstitution

1. Preamble2. Articles3. Amendments

Preamble

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Written by Gouverneur Morris What does it mean?

The Articles of the Constitution

Article I - establishes the legislative branch.

Article II - establishes the executive branch headed by the president.

Article III - establishes the judicial branch.

Articles of the Constitution Article IV – State to State Relations

– Each state gives others full faith and credit to public acts, judicial proceedings (marriage, divorce, etc.)

– Citizens of other states enjoy same privileges and immunities (passing through another state)

– Extradition is mandatory; upon request of governor fugitives must be brought back to the state making the request

– Congress can admit new states but not from within a state or by joining states

Article V- the formal amendment process – (we will discuss later)

The Articles of the Constitution

Article VI – Debts and Supremacy Clause– Debts under the revolution absorbed by

government– Constitution is supreme law of the land, followed

by federal laws/treaties, state laws, and finally local law

– Executive and Legislative officers must take oath of office

Article VII- Ratification– Nine states of the original 13 were required to

ratify the Constitution

Basic Principles of the Basic Principles of the ConstitutionConstitution

1. Popular Sovereignty2. Limited Government3. Separation of Powers4. Checks and Balances 5. Federalism6. Judicial Review (will discuss later)

Popular Sovereignty

Authority for the government flows from the people.

The people have the political power. Governance by the “consent of the

governed” Preamble: “We the people…do ordain and

establish this Constitution.”

Limited Government

The Government must obey the law, the gov’t is NOT above the law.

Government has only the authority that the people have given it

Separation of Powers Each branch has its own responsibilities

– Legislative Branch: Makes the laws– Executive Branch: Enforces the laws– Judicial Branch: Interprets the laws

No single branch is allotted too much power Different constituencies for different branches

– Constituency: a group of citizens entitled to elect an official.

Different terms of office for different branches

Checks and Balances

Each of the branches of government exercises some control over the others.

Each acts as a “watchdog” over the others.

Federalism

Power is divided between state and national governments.

Separation of Powers andChecks and Balances

Jefferson Quote Analysis

Read each of the following quotes by Thomas Jefferson. Try to translate his meaning and determine which principle of the Constitution he is referring to…there will be one that you don’t use.

No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.—T.J.

Jefferson Quote Analysis

The will of the people is the only legitimate foundation of any government, and to protect its free expression should be our first object.

The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch.

Jefferson Quote Analysis

That government is best which governs least. The concentrating [of powers] in the same hands is

precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one.

The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.

Jefferson Quote Analysis With respect to our state and federal governments, I do

not thing their relations correctly understood by foreigners. They generally suppose the former subordinate to the latter. But this is not the case. They are co-ordinate departments of one simple and integral whole. To the state governments are reserved all legislation administration, in affairs which concern their own citizens only; and to the federal government is given whatever concerns foreigners and citizens of other states; these functions alone being made federal. The one is the domestic, the other the foreign branch of the same government - neither having control over the other, but within its own department.

Jefferson Quote Analysis

To the State governments are reserved all legislation and administration in affairs which concern their own citizens only, and to the federal government is given whatever concerns foreigners or the citizens of other States; these functions alone being made federal. The one is the domestic, the other the foreign branch of the same government; neither having control over the other, but within its own department. There are one or two exceptions only to this partition of power.

Federalism:Federalism:The American VersionThe American Version

Federalism

Power is divided between national and state governments

Shared sovereignty Compromise between strong national

government (unitary) and confederation of the states (Articles of Confed)

Historically, the national government continues to gain power.

Power Under the Articles

Power Under the Constitution

Federalism Diagram

FEDERAL

POWERS

RESERVED

(STATE)

POWERS

CONCURRENT

POWERS

Declare WarMaintain NavyPrinting Money

Collecting TaxesBorrowing Money

Establish SchoolsPay TeachersIssue Driver’s license

National Powers Express (Enumerated)

– Actually Stated in the Constitution (Many in Article I, Section 8)

– Examples:• The Power to Regulate Interstate and

Foreign Commerce (Commerce Clause)• Provide for the common defense /general

welfare• Coin money & regulate value.• Declare war

National Powers Implied

– Powers that are inferred from express powers.

– Example: National Bank– Necessary and Proper Clause.

• AKA: The Elastic Clause• Article I, Section 8, Clause 18

Inherent– certain powers which all independent

nations have; i.e. foreign policy matters

Reserved Powers for the States NOT STATED IN THE CONSTITUTION

– Residual Powers from the 10th Amendment Elections/Voting Marriage

Concurrent PowersShared by National and State Governments

Collecting Taxes Making and enforcing laws

Denied Powers Article I, section 9 lays out powers denied to the

national government.– no preference to ports of one state over another– Cannot deny habeas corpus– no bills of attainder– no titles of nobility

Article I, section 10 lays out the powers denied to the states.– No entering into treaties– No coining money– No ex post facto laws– No titles of nobility– No bills of attainder

The National Supremacy Clause The Constitution and national government

are supreme. If state and national laws conflict, the

national government wins. Art VI, paragraph 2 - Supremacy clause “This Constitution, and the Laws of the

United States which shall be made in Pursuance thereof [that is, in keeping with the principles of the Constitution] …shall be the supreme law of the land.”

Why is the National Government getting stronger?

Many problems are of a national nature States need the national government for $$ “Statements of power” to the national

government from the Constitution:– Commerce Power– Defense of the Nation– Necessary and Proper clause – elastic clause

The Supreme Court rulings.– McCulloch v. Maryland (1819)– Gibbons v. Ogden (1824)

McCulloch v. Maryland (1819)

First major decision under Chief Justice John Marshall re: relationship between the states and the national government.

Upheld the power of the national government and denied the right of a state to tax the bank.

The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings to expand federal powers.

Gibbons v. Ogden (1824) Centered on the conflict between the states and the

powers of Congress. Could New York grant a monopoly concession on

the navigation of the Hudson River? Hudson River forms part of the border between

New York and New Jersey U.S. Congress also licensed a ship to sail the

Hudson. Question: What was the scope of Congress'

authority under the Commerce Clause? The Court upheld broad congressional power over

interstate commerce.

A Guide for Analyzing Supreme Court Cases

1) What are the main facts behind the case?2) What part of the Constitution or what Federal law

was involved? Please give both title and description of the law involved.

3) If another law was involved what was the law?4) What is the issue or issues that must be decided in

this case?5) What did the Supreme Court decide?6) Why did the Supreme Court decide the way it did?7) What makes this decision important?

Amending the Amending the ConstitutionConstitution

1. Formal Amendments2. Informal Amendments

Two methods for Changing the Constitution

Formal: Changing the written words Informal: Changes or additions made

without changing the text of the Constitution.

Formal Amendments Formal Method – Article V creates a two-

stage process for amending the Constitution: proposal and ratification. – Proposal: Two Options

• An amendment can be proposed by two-thirds of both houses of Congress or

• by two-thirds of state legislatures requesting Congress to call a national convention to propose amendments.

Formal Amendments

–Ratification: Two Options• A favorable vote in three-fourths of

all state legislatures or • by such a vote in specially called

ratifying conventions called in three-fourths of the states.

Amending the ConstitutionDiagram

Informal Methods of Amendment

Many informal amendments Do not change the Constitution’s actual

words Changes come from five sources.

– Basic Legislation– Executive Action– Supreme Court Decisions– Custom– Political Party Practices

Basic Legislation - Laws Congress spells out the

constitution by passing laws.– Fill in details about how

government works. (Example: Judiciary Act of 1789)

– Passed laws to explain parts of the Constitution

– Example when Congress passes a law regarding the USPS, they explain the meaning of the power to "establish post offices."

Executive Action Presidents can

– Issue executive agreements, agreements with other leaders

– Used instead of making treaties

– Does not need Congressional approval.

Court Decisions The courts, especially the

U.S. Supreme Court– help explain a part of

the Constitution when they rule on a case.

– In Marbury v. Madison, the Supreme Court said the Constitution allowed judicial review.

Customs Customs are the usual

ways people do certain things

Heads of Executive Departments make up the President’s cabinet.

Until the 1940s, it was the custom that Presidents served no more than two terms.

The Constitution did not talk about either of these issues.

Party Practices

Political parties shape what the government does. – Elections– Congress in Action

Political PartiesPolitical Parties

History and Functions

Brief History of Political Parties Founders disliked Factions – Federalist #10 Federalists vs. Anti-Federalists Anti-Federalists become the “Jeffersonian-

Republicans” or the “Democratic-Republicans” after Jefferson resigns from Washington’s cabinet in order to organize the party.

By 1816, the Federalist Party is non-existent.

Brief History of Political Parties Era of Good Feeling – No opposition to the

Democratic Republicans After the election of Jackson (1828) the

“Democratic-Republicans” become the “Democrats”

The National Republicans (Later known as the Whigs) arose during Jackson administration - opposed slavery – lasted until the 1850s.

Former Whigs and Democrats who opposed slavery formed the Republican Party in 1854.

What do political parties do?

Select, endorse, and support candidates for public office

Produce political programs and scrutinize the other party

Disseminate information Help organize the activities of governing

officials

Components of the Political Party and How they Interact

Why a two-party system?

Rooted in history – America began as a two party system.

Obedience to the tradition Election rules – single-member districts

and winner-take-all elections. (Compare with proportional representation)

Interstate Relations Full faith and credit clause

– States must enforce the civil judgments of the courts of other states and accept their public records as valid.

Privileges and immunities– No State may discriminate against the

residents of other States. Extradition

– States must return caught fugitives from another state.