Constitution. Basic Principles The Constitution of the United States was written in 1787. It took...

Constitution

Basic Principles

• The Constitution of the United States was written in 1787.

• It took effect in 1789.

• It contains about 7,000 words – not that long – takes about one-half hour to read.

Basic Principles

• The Constitution is a working document – which means it can be amended or changed today.

• It gives us a framework for how our government is organized.

• It also tells us who runs our government and how they are chosen.

Basic Principles

• The Constitution is made up of three parts:

–The Preamble

–Articles (there are 7)

–Amendments (there are 27)

Basic Principles

• The Preamble discusses why the Constitution was written.

• The reasons were (this should be review!!!):– To establish a more perfect union, establish

justice, insure domestic tranquility, provide a common defense, promote general welfare, secure the blessings of liberty.

Basic Principles

• The Articles divides the Constitution up into seven parts.

• Articles I through III discuss how the legislative (Congress), executive (President), and judicial branch (Courts) are set up, and the “instructions” for each branch.

Basic Principles

• Article IV discusses the states of America.

• How people from one state should be treated in another.

• How the government can create more states if needed, and that they will be protected from invasion.

Basic Principles

• Article V talks about amendments – or changes – to the Constitution.

• YES! The Constitution can be changed.

• YES! It has happened before – 27 times to be exact.

Basic Principles

• Article VI lays the hammer down…

• This article makes it clear that the Constitution is the “law of the land”.

• Every American citizen must abide by the Constitution.

Basic Principles

• Article VII talk about how the Constitution can be ratified – or approved – and accepted into law.

• 9 of the 13 original states had to vote to agree to the ideas and rules of the Constitution.

Basic Principles

• The Constitution was established and built on the ideas of six main principles.

• Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, and Federalism.

Basic Principles

• Popular Sovereignty:

• The power that the government has comes from the people of the United States.

• We give our consent – or permission – to the government to rule over us.

Basic Principles

• Limited Government:

• Government must also obey the laws of the land.

• No one is above the law, not even government officials like a President.

Basic Principles

• Separation of Powers:

• Constitution distributes power among three branches.

• Legislative makes laws, executive makes sure laws are being enforced, and judicial makes sure laws are fair.

Basic Principles

• Checks and Balances:

• Each branch has restraints on their power, and the restraints come from the other branches.

• Examples are – Congress can make laws, but President can veto – or reject – a law.

Basic Principles

• In turn, Congress can override a veto with a 2/3 majority vote from House of Reps. And Senate.

• President in commander-in-chief of military, but only Congress can declare war.

• President names Supreme Court judges, but Congress must vote to approve them.

Basic Principles

• Congress can impeach – or vote to remove a President from office.

• Judicial branch can declare laws “unconstitutional” or say they are unfair.

• These checks and balances force the government to compromise.

Basic Principles

• Judicial Review: Courts can determine acts of government unlawful or illegal.

• Federalism: National government hold certain power, and state governments hold certain power.

• Dividing power this way prevents abuse.

YOUR TURN TO WRITE

• Into what three branches does the Constitution separate powers of government?

• Give a brief summary of the checks and balances in place for each of the three branches.

• Is judicial review important? Explain.

Formal Amendments

• The United States Constitution has been around for 200 years – longer than any other country’s constitution.

• In 1789 when it went into effect, there were 4 million Americans, and 13 states.

• People traveled by horseback and sailing ships.

Formal Amendments

• Now there are over 300 million Americans and 50 states.

• The U.S. is the most powerful country in the world, and our standard of living is envied by the rest of the planet.

• Like the country – the Constitution has changed.

Formal Amendments

• There are two ways in which the Constitution can change.

• 1. Formal Amendments.

• 2. Other informal means.

Formal Amendments

• Article V of the Constitution discusses amendments and lists two ways amendments can be proposed, and two ways in which amendments can be ratified.

• The first method is that an amendment is proposed by 2/3 vote in Congress (HR and Senate), and ratified by 3/4 of the states.

Formal Amendments

• 26 of the 27 Amendments have been passed through this process.

• The second method is that an amendment is proposed by Congress and ratified by conventions in 3/4 of the states.

• The 21st Amendment was passed this way.

Formal Amendments

• The third method is that an amendment is proposed by a national convention called by Congress at the request of 2/3 of the states, and ratified by 3/4 of the states.

• The fourth method is that an amendment is proposed by a national convention and ratified by 3/4 of the states.

Formal Amendments

• Amendments show true examples of how Popular Sovereignty and Federalism are part of the Constitution.

• Popular Sovereignty is shown because amendments are the will of the people.

• Federalism is shown because amendments are proposed at a national level and ratified at a state level.

Formal Amendments

• There have been over 15,000 proposed amendments since 1789.

• Only 33 of these have made it through Congress and have been passed to the states.

• Only 27 of the 33 have been ratified by the states.

Formal Amendments

• In 2006, the Flag Desecration Amendment was defeated in the Senate.

• It would have banned the burning of the U.S. flag.

• Tried to overturn a Supreme Court ruling in 1989 protected flag burning as freedom of expression.

Formal Amendments

• The first 10 amendments are called the Bill of Rights – they protect our freedom of expression and give us fair and equal treatment under the law.

• Most other amendments come from a particular event or situation.

Formal Amendments

• The 11th Amendment prohibits states from being sued by citizens of other states.

• Passed after a South Carolina man tried to sue Georgia over a land dispute.

• The 13th Amendment banned slavery and passed in 1865, after the Civil War.

Formal Amendments

• The 18th Amendment prohibited alcohol as an “experiment” to improve the quality of life in America.

• The experiment failed – it led to an outbreak of organized crime.

• 14 years later, the 21st Amendment passed repealing the 18th Amendment.

Formal Amendments

• The 22nd Amendment limited the number of terms a president can serve to two (8 years).

• Republicans pushed for this amendment after Franklin D. Roosevelt held the presidency for 16 years (4 terms.)

Formal Amendments

• The 26th Amendment lowered the voting age to 18.

• This passed in 1971 during the Vietnam conflict.

• Young war protesters claimed “old enough to fight, old enough to vote!”

YOUR TURN TO WRITE

• Which method of establishing an amendment has been used the most?

• How do amendments show examples of Popular Sovereignty and Federalism in the Constitution.

• Of the amendments you know of, which is the most important, and why?

Changing Constitution Other Ways

• Even though there have only been 17 amendments since the Bill of Rights, doesn’t mean that other changes haven’t taken place.

• The way that the Constitution is interpreted has caused other changes.


• There are five ways that the Constitution can be changed.– 1. Laws passed by Congress.– 2. Actions taken by the President.– 3. Key decisions by the Supreme Court.– 4. Activities of political parties.– 5. Customs and usage.


• Laws passed by Congress:

• Constitution creates a framework or a skeleton.

• Congress fills in the rest, or the flesh for the skeleton.


• For instance, the Constitution talks about what happens when the Presidency becomes vacant.

• But, Constitution does not mention what happens when Presidency and Vice Presidency becomes vacant.


• Also, the Constitution gives Congress power to regulate foreign and interstate commerce.

• However, Constitution doesn’t indicate what foreign and interstate commerce is.

• Congress has to “fill in the blanks” of the Constitution – thus changes the document.


• Actions taken by the President:

• The Constitution mentions that the President has “executive power” to make decision.

• Past Presidents have used their executive power to change the Constitution.


• For example, only Congress can declare war, but Presidents have used military without Congressional approval.

• Congress ratifies treaties, but Presidents can make “executive agreements” with heads of countries.


• Key decisions of the Supreme Court:

• The Supreme Court has made countless rulings and decisions that “interpret” the Constitution and thus created policy.

• Constitution doesn’t mention judicial review, yet it is a common practice of the Supreme Court.


• Activities of political parties:

• Today, political parties define government actions, however they are never mentioned in the Constitution.

• Parties hold conventions to nominate Presidential candidates – never mentioned in Constitution.


• The President chooses about 15 people to serve in his Cabinet – or advisors.

• His selections are usually based on political parties.

• The Cabinet is never mentioned in the Constitution.


• Customs and usage:

• The Presidential Cabinet can also be defined as a custom and tradition.

• George Washington stepped down from presidency after two terms.


• This became a tradition for future presidents.

• However, it wasn’t until the 22nd Amendment that made two terms a rule.

• Vice President becoming President also not completely mentioned in Constitution until the 25th Amendment.

YOUR TURN TO WRITE

• Besides the formal amendment process, how else can the Constitution change government policy?

• What do we mean when we say that the Supreme Court interprets the Constitution?

Federalism: A Power Divided

• The writers of the Constitution faced difficult questions.

• On one hand they knew that the American Revolution was fought against an overpowering central government.


• On the other hand, they knew that the Articles of Confederation which gave local states too much power was too weak.

• The writers knew that they had to balance the powers of government some way.

• This led them to the idea of Federalism.


• The Constitution divides power between the national government, and the state governments.

• Each level of government has its own laws and regulations.

• For example, the national government can regulate and tax interstate trade.


• However, the states determine their own laws when it comes to the death penalty.

• In 48 states gas stations are self-service, but in New Jersey and Oregon motorists cannot pump their own gas.

• Oregon and Washington have legal physician assisted suicide laws.


• Many times the national government looks at the state governments as “experimental places”.

• If a state passes a certain law, and it works – it may become a national law later.

• If there is a natural disaster, the national government helps the states.


• The Constitution gives three distinct types of power to the National Government.

• Those powers are expressed, implied and inherent.

• Expressed power means powers that are listed in the Constitution word for word.


• Examples of expressed powers of the National Government are: tax, create money, declare war.

• Implied powers are not mentioned word for word, but are suggested.

• Article I, Section 8 called the “Elastic Clause” discusses this in the Constitution.


• “Congress has the power to make all Laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution…”

• The “Elastic Clause” gives Congress the power to adapt their power to different situations.


• The Inherent Powers are powers given to the National Government because it is the National Government.

• They are powers that are not listed in the Constitution, but all National Governments in the world have.


• Examples of inherent powers are the power to deport aliens, and regulate immigration.

• The Constitution also gives reserved powers to the States.

• Reserved power are those powers that the Constitution does not give to the National Government.


• The reserved powers of states are large in number.

• States can create public schools, ban the sale of pornography, forbid persons under 18 from getting married, require licenses for hairdressers, lawyers, and plumbers.


• In case there arose an argument over who – the National or the State Government – has the power for a certain situation the writers of the Constitution created the Supremacy Clause.

• Article VI, Section 2 says the Constitution takes precedence over all forms of state law.

YOUR TURN TO WRITE

• What are the three types of power given to the National Government by the Constitution?

• Why is the Elastic Clause important?

• Why is the Supremacy Clause important?

National and State Relations

• The writers of the Constitution meant what they said in the “United States of America.”

• They wanted to make sure that the states kept the “union” between them.

• Because of this, the Constitution guarantees certain rights to the states from the National Government.


• The National Government has promised to practice a Republican Government.

• A republican government is another term for a representative government.

• This has been enforced in the past – most notably directly after the Civil War.


• Senators and Representatives from the southern states were not allowed to do their jobs in Washington until the 13th, 14th and 15th Amendments were honored in their states.

• The states are also promised protection from the National Government.


• An attack on one state is considered an attack on all states.

• If states are having a hard time keeping order or a riot or other form of domestic violence is going on – National Government will help restore order.


• We have seen evidence of this during the 1960’s during the Civil Rights protests and riots throughout the country.

• We have also seen evidence of this in New Orleans in 2005 after Hurricane Katrina.


• The National Government must also respect the territory and boundaries of the states.

• They must also recognize the legal existence of the states and allow Senators and Representatives to serve in Congress.


• Only Congress can admit a new state into the Union.

• A new state cannot be created by using territory that already belongs to a state without that state’s permission.

• States can request to become part of the United States – called the Enabling Act.


• They must submit a state constitution for Congress to review.

• Congress decides if it is good enough – Utah in 1896 had to outlaw polygamy.

• If acceptable, Congress votes and states can be created after President signs the bill.


• The National Government also gives the states money as aid.

• There are categorical grants which are grants for specific reasons.

• Examples include money to build a school, or money to build roads.


• There are also block grants which is money given for a general reason – not specific.

• Examples include money for healthcare, or education, and states decide what to do with the money.

• There are also project grants which is money given for projects.


• Examples include money given for studies, or research, or science.

YOUR TURN TO WRITE

• Imagine you are teaching a 3rd grade class and you have to explain to your students how the National Government interacts with the State Governments. Write down what would say to them.

• Explain the process that must occur for a new state to be added to the Union.

Missouri Constitution

• Brief history of Missouri: mound builder Indians inhabited the region before Europeans came.

• French got here first – sold it to U.S. as part of Louisiana Purchase in 1803.

• Missouri Territory created by U.S. Congress in 1812 – population 20,000.


• Missouri petitioned for state hood in 1818 – started a debate as to whether it should be a slave state or non-slave state.

• Missouri Compromise in 1820 – Missouri added as a slave state, Maine added as a non-slave state.

• 24th State of the union – Jefferson City named capital in 1826.


• During Civil War – Missouri voted to stay part of the union even though most people agreed with Confederacy.

• Grew in the 20th century – soy beans and corn major crops. Manufacturing in WWI and WWII.

• Now, 5.7 million population, ranks 18th in U.S. behind Tennessee and ahead of Maryland. Largest city is Kansas City.


• Missouri has had four state constitutions – first was made in 1820 when it became a state.

• In 1865 after Civil War second constitution made, third in 1875 after Supreme Court ruled that 1865 constitution violated the U.S. Constitution.

• Fourth created in 1945 – this is the current state constitution today.


• Just like U.S. – constitution created three branches of government – legislative, executive and judicial.

• Missouri’s Constitution has a Bill of Rights like the U.S. Constitution.

• Also has a preamble that gives all of the power to the people.


• “We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state.”

• There are 13 Articles after the preamble – Article 1 contains the Bill of Rights – different than the U.S. Constitution….and there are 32 of them compared to 10 to the U.S.


• Missouri’s legislative branch makes laws – and it is called the General Assembly.

• It is bicameral (two houses) just like U.S. – called the Senate and the House of Representatives.

• There are 34 senators and 163 representatives – each come from districts. Your senator is Ryan McKenna and your representatives are either Tim Meadows (Imperial) or Paul Weiland (Barnhardt).


• Qualifications to be a state senator – 30 years old, 3 year resident – serve 4 years, and salary is $31,151.

• For representative is 24 years old, 3 year resident, serve 2 years, and salary is $31, 151.

• General Assembly meets yearly in Jefferson City.


• The executive branch of Missouri is headed by the Governor – Jay Nixon. (Head of U.S. Executive Branch is President.)

• Governors must be 30 years old, a U.S. citizen for 15 years (10 years in Missouri), serve 4 years, and make $120,087.

• Lieutenant Governor is like Vice President – serves 4 years, makes $77, 184.


• The Missouri Judicial Branch is headed by the Missouri Supreme Court.

• 7 justices, all picked by the Governor and approved by the General Assembly.

• Justices serve 12 year terms, and act as the highest court in Missouri – only U.S. Supreme Court is higher.


• As with the rest of the U.S., to vote in Missouri you must be 18 years old, and a resident of your district for at least 30 days.

• Latest time to register is 21 days before the election.

• Cannot be incompetent, in jail, or incapacitated to vote. You have the right to vote – cannot be arrested on election day – unless serious.

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