The Constitution The Engine of Our Republic “Supreme Law of the Land”
Constitution – Vocabulary [22 terms] U.S. Constitution 27 amendments 1. U.S. Constitution – 4,300 words in 7 main parts or sections called articles. Including the 27 amendments, there are 6,700 words. seven articles The seven articles are: a. L egislative b. Executive c. J udicial d. R elations A mong S tates and the Federal Government e. Amending Process f. National Supremacy g. Ratification of the Constitution [9 of 13 colonies] Formal[constitutional] Amendments 2. Formal [constitutional] Amendments – 27 amendments ratified by the States [Over 10,000 have been proposed; 33 were sent to the States and 27 were approved.] Informal [non-constitutional] Amendments 3. Informal [non-constitutional] Amendments – non-constitutional changes implemented by: Party practices a. Party practices – conventions Congressional laws“all laws necessary and proper”elastic clause “the power to regulate currency” b. Congressional laws – Constitution says congress can make “all laws necessary and proper” [elastic clause]. This allows them to stretch their power such as “the power to regulate currency” allowed them to create a national bank in 1819.
Constitution - Vocabulary Presidential actions c. Presidential actions – presidents have expanded the power of the presidency by doing things like sending troops into combat over 200 times. Customscabinet positionspolitical parties d. Customs – appoint cabinet positions and forming political parties. Court decisions e. Court decisions – The Supreme Court just took the power of judicial review by declaring State and federal laws unconstitutional [null and void]. No one has challenged them on this. Weaknesses of the Articles of Confederation 5. Weaknesses of the Articles of Confederation 1781-1787. Could not collect taxes a. Could not collect taxes no executive branch b. There was no executive branch [feared the re-establishment of a monarchy, however, there was no executive to enforce acts of congress due to bad experience with George III.]. No national court system c. No national court system U nanimous approval of all 13 S tates for an amendment d. U nanimous approval of all 13 S tates for an amendment [one State had veto power over any amendments] States had too much autonomy e. States had too much autonomy
New Jersey [small State] Plan 6. New Jersey [small State] Plan – each State received one vote. Virginia [ large State] Plan 7. Virginia [ large State] Plan – one house’s representatives would be based on population and they would chose members of the other house. Great [Connecticut Plan] Compromise 8. Great [Connecticut Plan] Compromise – one house based on population [each State would get at least one representative] and the other house would have 2 members from each State. Bill of Rights 9. Bill of Rights – civil liberties [speech, religion, press, etc.] is the 1 st 10 Amendments. Separation of Powers 10. Separation of Powers – power is distributed among the 3 branches. Constitution - Vocabulary
Checks and Balances 11. Checks and Balances – each of the three branches of government is subject to checks by either or both of the others.
There are Three Delegated [granted] Powers of the National Government Expressed Powers 12. Expressed Powers of the National G overnment – written in constitution. Implied Powers elastic clause“shall make all laws necessary and proper” (which means “convenient and useful”) 13. Implied Powers of the National government – not written but implied in the constitution by the elastic clause [“shall make all laws necessary and proper” (which means “convenient and useful”)] Inherent Powers 14. Inherent Powers of the National Government – because of nationhood [like acquiring territory or deporting aliens] Constitution - Vocabulary Delegated Powers Expressed P owers [enumerated] Implied Powers [suggested] Inherent Powers [historically possess] Written in the Constitution  Elastic Clause: Necessary & Proper [hundreds] Just because it’s a nation Example: *Congress can coin money & declare war Example: *Congress regulates immigration and acquires territory Example: *Congress builds interstate hwy sys
Constitution - Vocabulary Marbury v. Madisonact of Congress was declared unconstitutional 15. Marbury v. Madison  – 1 st case in which an act of Congress was declared unconstitutional [null and void] by the Supreme court. 1,000 laws of the States have been declared unconstitutional and 150 acts of congress have been declared unconstitutional. Plead the 5 th 16. Plead the 5 th – don’t have to testify against yourself or your spouse. Due Process 17. Due Process – fair and equal treatment under the law. Laws have to be fair and legal. Double Jeopardy 18. Double Jeopardy – tried twice for the same crime. Eminent Domain 19. Eminent Domain – the government can take your property for public use, but they do have to pay you a fair price. Exclusionary Rule 20. Exclusionary Rule – evidence gained by unlawful search or seizure. Probable Cause 21. Probable Cause – good reason or “probable cause” that the suspect is guilty. Ex Post Facto“after the fact” wearing polyester leisure suits and bell bottoms 22. Ex Post Facto – “after the fact” declaring something a crime even though it was legal when it was committed. [Like “can’t be punished today for wearing polyester leisure suits and bell bottoms in the 1970s.
We won the war, now what? Ideas for the United States government was inspired by other countries laws and ideas. The English Magna Carta made the king subject to laws! The English Bill of Rights declared English Parliament supreme.(legislative body) The Enlightenment allowed people to use reason and logic to examine ideas and traditions. Philosopher John Locke believed a contract must exist between government and the people. Philosopher Baron Montesquieu believed a successful government could only exist if powers were separated!
We now have the right to life, liberty and the pursuit of happiness! Let’s all celebrate!
The Articles of Confederation (Our 1 st attempt at a Constitution) The Second Continental Congress believed there needed to be a “Supreme Law of the Land” so on November 15, 1777 Congress passed The Articles of Confederation. The Articles of Confederation would have limited powers in order to protect the liberties of the people. Each state had one vote (13 total) in Congress. Congress could: 1. settle conflicts among the states. 2. Make coins. 3. Borrow money. 4. Make treaties with other nations and Native Americans. 5. Ask states for money for soldiers, but states could refuse request. No President! No Court System!
Ratification The Congress sent the Articles of Confederation to each state legislature for ratification (official approval) Conflicts over western lands slowed the process. Congress passed the Northwest Ordinance of 1787.
When the population reached 60,000 free citizens, the area could apply for statehood. Ex.) OH, IN, IL, MI, WI Northwest Ordinance (1787) When 5,000 free males of voting age settled an area, it became self- governing. Slavery was outlawed.
Before we look at the Constitution let’s look at why the Articles of Confederation failed.
Economic Disasters! Britain closes some needed trading markets. Britain imposes high tariffs (taxes on imports/exports) Congress had no power over interstate commerce(trade between 2 or more state) so merchants struggled because each state had different laws, taxes and cost of items. An economic depression begins!
Frustrated Farmers! Shays’ Rebellion Farmer’s income decreased while taxes increased. Farmers who could not pay their debts had their farms taken away by the courts. Massachusetts farmer Daniel Shays and his supporters occupy a Massachusetts courthouse.
In 1786, Daniel Shays led a group of farmers in an attempt to shut down the Supreme Court of Massachusetts so no more property could be taken away! Men Fighting During Shays' Rebellion
The U.S., without an organized army, was powerless. Massachusetts sent a militia to stop the rebellion.
Shays’ Rebellion convinced many people that the U.S. needed a new, stronger, more effective government.
BOTTOM LINE BOTTOM LINE NO POWER OVER STATES ARTICLES COULD NOT PROTECT CITIZENS’ PROPERTY RIGHTS
Constitutional Convention In September 1786 the Virginia Legislature called for a National Conference to discuss changes needed! (only 9 states attended) SOOOO James Madison and Alexander Hamilton called for A Constitutional Convention in Philadelphia in May of 1787. The guest list? Franklin, Washington, Madison and more (Jefferson couldn’t)
THE GREAT COMPROMISE-Refer to diagram on left of paper Several Issues divided the delegates at the Constitutional Convention. Like how much to change the Articles of Confederation, differing ideas on representation, how to make a strong government, economic concerns like tariffs and slavery. 2 plans were considered by the Congress with parts of both being used.
Articles of Confederation The US Constitution 1. Unicameral Congress (1 house) 2. Equal (one) vote in Congress per state 3.No Executive Branch 4. No Judicial Branch 5.9 out of 13 states had to approve laws in Congress 6.States could coin their own money 7.States could regulate trade with states and foreign nations 8.States had great autonomy to govern themselves 9.Only states had the power to impose taxes 1. Bicameral Congress (2 houses) 2. In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population 3. Executive Branch established, lead by US President, carries out laws 4.Judicial Branch established, headed by Supreme Court, interprets laws 5.Majority rules! (50% +1 in each house to pass laws) 6.Congress has exclusive right to coin money 7.Only Congress could regulate trade with states and foreign nations 8.States recognize the US Constitution as the final word on all matters 9.Congress can impose taxes as well
AKA-Large State Plan 1.Gave more power to national government 2.Bicameral legislature(2 houses) 3.Number in both Houses based on Population
1. Gave =power in national government to all states. 2. Unicameral legislature. 3. Each state would have an equal number of representatives
Additional Compromises at the Convention Compromises on slavery Southern states wanted to count all slaves for representation purposes but none for taxation. Northern states objected. Three-Fifths Compromise: all whites plus three-fifths of the slave population would be counted for both representation and taxation. Native Americans were not counted. Slavery Compromise: Slavery for 20 more years to maintain unity. The fugitive slave clause, stated that a slave who fled to another state had to be returned to his or her original state.
Objectives: A Living Constitution 1. Six basic principles of the Constitution 2. How the Constitution is formally amended [and the 27 amendments] LIVING CONSTITUTIONflexible change The Constitution is referred to as the LIVING CONSTITUTION because it is highly flexible and can change to meet the times. Preamble Articles sectionsIt begins with a short Preamble (statement of why the Constitution was written). It is divided into 7 main parts called Articles, which are then divided into smaller sections. Jefferson said the Constitution “belongs to the living and not the dead” “belongs to the living and not the dead” it must be responsive which means 3. it must be responsive to changing times and customs to changing times and customs.” 1 2 National Archives Building
“THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET. IN ITS ELASTICITY LIES ITS CHIEF GREATNESS.” Woodrow Wilson
PURPOSES OF CONSTITUTION Allow for Change The framers wanted to make sure the Constitution could change with the times But they did not want change to the most basic structures and rules of government Thus, Article 5 allows for “Amending”
Preamble Article I T he Legislative Branch Section 1. Congress Section 2. House of Representatives Section 3. Senate Section 4. Elections and Meetings Section 5. Organization and Rules Section 6. Privileges and Restrictions Section 7. Passing Laws Section 8. Powers of Congress Section 9. Powers Denied to the Fed Gov. Section 10. Powers Denied to the States Article II. The Executive Branch Section 1. President and Vice-President Section 2. Powers of the President Section 3. Duties of the President Section 4. Impeachment Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Federal Courts Section 3. Treason Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Fed. Courts Section 3. Treason Article IV. Relations Among States Section 1. Official Acts Section 2. Mutual Duties of States Section 3. New States and Territories Section 4. Federal Protection for States Article V. The Amending Process Article VI. National Supremacy Article VII. Ratification of the Constitution
Framers of the Constitution: Respecting people’s rights while creating a strong government was a major task of the framers of the Constitution Six principles were designed to ensure that we could have a strong government and keep our liberties
POPULAR SOVEREIGNTY- the idea that political authority belongs to the people. I.The first principle is POPULAR SOVEREIGNTY- the idea that political authority belongs to the people. The Constitution acts as a contract with the people: 1. People grant government powers so they can get the work of the nation done 2. People spell out what the government may NOT do people 3. Popular [people] sovereignty [absolute rule] –absolute power is invested in the people. people 4.The “We, the people” in the Preamble, shows that the people are the only source of governmental power. popular sovereignty 5.The government may govern only with the consent of the people is what popular sovereignty means. 6. People can “fix” unfair laws.
The people elect public officials to make laws for them. It would be too difficult for everybody to directly vote on every governmental matter that needed to be addressed, so we elect politicians we agree with to vote for us in Congress. representative government= A This is called representative government= A system of government in which voters choose representatives to govern them.
people choose officials The people choose officials for the following national offices: 1. House of Representatives (Art. 1, Sec. 2) 2. Senate (Amendment 17) 3. Members of the Electoral College (who vote for the President) Suffrage =The right to vote Voting rights have increased over time. 1789 White, male, at least 21 years old, land owner (in most cases) 1800-1850’s White, male, at least 21 years old 1870 Male, at least 21 years old (black men gained the right to vote- 15 th Amendment) 1920 At least 21 years old (women gained the right to vote- 19 th Amendment) 1961 Citizens living in Washington, DC can vote in presidential elections (amazingly, those living in the District of Columbia could not vote for President of the United States because they were not a state and had no electoral votes… the 23 rd Amendment gave DC 3 electoral votes) 1971 All citizens who are at least 18 years old may vote (26 th Amendment)
Limited government reflected the Framers fear of too much power [tyranny] accumulating in any one branch. The people are the only source of authority. Government is not all powerful and can do only things the people want. The government must obey the law.
separation of powers Power being distributed among the three branches is separation of powers. The purpose was to prevent any group or individual from having all the power. The Framers distrusted a strong central government in which the same people make, enforce, & determine the laws. 3 independent branches The government was divided into 3 independent branches Congress I.Legislative [Congress] II.Executive III.Judicial
LEGISLATIVE BRANCH Main purpose: MAKE LAWS Examples of duties… Coin money declare war tax maintain the military ratify treaties
EXECUTIVE BRANCH Main purpose: ENFORCE/ CARRY OUT LAWS Examples of duties… serve as commander in chief of armed forces negotiate treaties appoint advisors (cabinet, ambassadors) appoint federal judges approve/veto bills And dance!!!!
Framers created a system of checks and balances Checks and Balances – This keeps any branch of government from becoming too powerful. A. each one is subject to checks by either or both of the others. Congress overrides a presidential veto Congress removes judges B. There are checks when the President vetoes an act of Congress, or Congress overrides a presidential veto. Or the Senate rejects a presidential appointee, or when Congress removes judges through impeachment. C. This check and balance system makes compromise necessary.
Legislative Branch Checks Over… Executive Judicial can override presidential veto confirms presidential appointments ratifies treaties can declare war appropriates money can impeach and remove president Create lower federal courts Can impeach or remove judges Can propose amendments (overruling judicial decisions) Approves appointments of federal judges
Executive Branch Checks Over… Legislative Judicial can propose laws makes appointments negotiates foreign treaties can veto laws can call special sessions of congress appoints federal judges can grant pardons to federal offenders
Judicial Branch Checks Over… Executive Legislative can declare executive actions to be unconstitutional can declare laws and acts of Congress to be unconstitutional
Judicial Review declare a government action illegal Judicial Review: The power of the Court to declare a government action illegal, or, null and void, because it violated the Constitution. all The power of judicial review is held by all federal courts and most State courts. The lowest State courts – justice of the peace courts – do not have judicial review because they are not courts of record. judges Former Chief Justice Hughes said, “We are under the Constitution but the Constitution is what the judges say it is.”
The framers recognized that state governments could deal with the needs of their people better than a national government shared powers between the federal government and the state government For this reason, they sought to create a nation that had Federalism is shared powers between the federal government and the state government NationalGovernment State overnments G overnments
The Constitution does not list the powers of the state government, but instead says all powers not delegated to the federal government are reserved to the states (Amendment 10) Texas Capitol The Constitution does state the powers that are denied to the states in Article 1, Section 10.
FEDERAL POWERS STATE POWERS SHARED POWERS Regulate interstate and foreign trade Create and maintain armed forces Coin Money Declare War Admit new states Establish foreign policy Make peace treaties Regulate trade within state borders Conduct Elections Create local governments Provide for public safety Establish laws about marriage & divorce Control Education Raise Taxes Build Roads Create and impose penalties for crimes Charter Banks Provide for the public welfare
The Constitution also ensures… 1. States are treated equally. 2. States must respect the laws of other states. 3. All States are guaranteed representation in Congress. The Constitution also makes the Constitution clear that the Constitution is supreme law of the land the “supreme law of the land” and federal courts will decide disputes between states and the federal government.
Executive Branch Facts Consists of a 15 Executive Member Cabinet President Barack Obama/Vice-President Joe Biden Vice-President job: Presiding Member of the Senate. The Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General.
Executive Branch Facts Things to remember: 1.A President can veto a bill that Congress presents. 2. A Pocket Veto is when the President fails to sign a bill within the 10 days allowed by the Constitution. Congress must be in adjournment(recess) in order for a pocket veto to take effect. If Congress is in session and the president fails to sign the bill, it becomes law without his signature. 3. Powers: Commander in Chief/Make Treaties/Veto Laws/ Propose Laws
Legislative Branch Facts Legislative Branch called Congress (2 Houses) 100 Senators (2 per state)-Senators (6 yr. term) 435 House of Representatives- Congressmen/Congresswomen (2 yr. term) Representatives based on state population. Population based on Census every 10 years. California has 53 Representatives in the House. Senators/Representatives are elected Direct Election. Jobs: All treaties must be ratified by Congress/Pass laws/ All bills pertaining to $ begin in the House of Reps. California Senators= Boxer and Feinstein
Speaker of the House Nancy Pelosi. Third in line for President…
Roseville Representatives Roseville is in the 4 th California Congressional District. Tom McClintock is the Congressman representing the 4 th District
Judicial Branch Facts Job: To interpret laws 9 Supreme Court Justices (life time appointment) The Chief Justice is John Roberts A Supreme Court Justice may be removed for impeachment.
The Framers of the C onstitution understood that conditions would change throughout time. George Washington said, “I do not think we are more inspired, have more wisdom, or possess more virtue than those who will come after us.” amending For this reason, the framers devised a system for amending the Constitution 2 Ways: Formal and Informal. George Washington (Lansdowne portrait). Oil on canvas. 1796. National Portrait Gallery, Smithsonian Institution. There are 27 Amendments
2/3 of e ee each house of the US Congress can propose amendments 2/3 of states can call for a n nn national convention for the purpose of proposing amendments Formal
3/4 of the state legislatures must approve 3/4 of special state conventions must approve Formal
1.Amendment 1. Freedom of Religion, Speech, Press, Assembly, and Petition 2Amendment 2. Right to Keep Arms 3Amendment 3. Quartering of Troops 4Amendment 4. Search and Seizure; Warrants 5Amendment 5. Rights of Accused Persons 6Amendment 6. Right to a Speedy Trial 7Amendment 7. Jury Trial in Civil Cases 8Amendment 8. Bail, Fines, Punishments 9Amendment 9. Rights Not Listed are Retained by the People 10Amendment 10. Powers Not Listed are Reserved to the States
5 GREAT BASIC FREEDOMS keystone of individual freedom Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS. [“Civil Liberties” or freedom of expressions are the keystone of individual freedom. Freedom of Religion a. Freedom of Religion or not to have a religion. P eople may worship or not worship as they please. The government cannot favor one religion over another Freedom of speech slanderspoken libelwritten statements b. Freedom of speech – this freedom is restricted if it harms others. We have laws against slander [spoken] or libel [written statements] intended to damage one’s reputation. offends the moral senseobscenity Speech that offends the moral sense [obscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished. 30 31
Freedom of the Press c. Freedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazinesthey are published or broadcast. Right to assemble d. Right to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful. Right to petition government officials e. Right to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.
Right To Keep And Bear Arms Amendment 2. Right To Keep And Bear Arms The purpose was to prevent Congress from denying States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.
No Quartering of Troops In Homes Amendment 3. No Quartering of Troops In Homes This is absolute during peacetime; limited during wartime. Amendments 4-8 protect the individual in dealing with the police and courts.
Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment] Amendment 4. Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment] “Fishing Expeditions” A. No “Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause]. warrant specific place persons or things to be seized B. In most cases, a search or arrest warrant will be necessary. The warrant must describe the specific place to be searched and the persons or things to be seized. may chase a suspect into his house & not secure a warrant C. A police officer may chase a suspect into his house & not secure a warrant (this would be probable cause). unlawful search or seizure cannot be used at the trialexcluded D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be used at the trial. [Exclusionary Rule– has to be excluded]
“rights of the accused” Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”] can be triedfor a serious crime accused of that crime by a grand jury A. A person can be tried for a serious crime only if he has been accused of that crime by a grand jury. tried twice for the same offense B. No one may be tried twice for the same offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense] testify against himself Plead the “5 th” C. No one may be forced to testify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5 th” ] due process of law D. No one can be deprived of life, liberty, or property without due process of law [fair and equal treatment under the law]. EMINENT DOMAIN taking property for public use E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT DOMAIN [taking property for public use], it must pay a fair price. New Cowboys stadium meant property losses. So, if the jury foreman says? There will be no 2 nd trial.
Right To A Speedy Trial Amendment 6. Right To A Speedy Trial IMPARTIAL JURY A. IMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity. told what crime you are accused of B. Right to be told what crime you are accused of. question all witnesses C. Right to hear and question all witnesses against you. right to compel D. The right to compel [require their testimony] witnesses to appear at a trial to tell your side of the story. E. Right to a lawyer. Marcia Clark
disputes in excess of $20 Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20. No Excessive Bail or Fines “Cruel and Unusual Punishment” bread and water Amendment 8. No Excessive Bail or Fines, or “Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and water as both cruel and unusual] Tar and Feathering The“Rack”
Unenumerated Rights those fundamental rights not enumerated Amendment 9. Unenumerated Rights – The Constitution does not describe all of our rights. This amendment guarantees those fundamental rights not enumerated. Courts can’t define all your rights but that doesn’t mean you don’t have them. Limits The Power Of The Federal Government Amendment 10. Limits The Power Of The Federal Government. Powers not granted to the U.S., nor prohibited to it by the States are given to the States or the people. But what are they?