1. The Principles of the United States Constitution
Mr. Korell

2. Background to 1787 Convention
Articles of Confederation creates a toothless, ineffective national gov’t
High debt, no power to tax or raise army
Hamilton & Madison press for convention to repair “embarrassments which characterize the present state of our national affairs”
Washington agrees to preside only after Shays’s Rebellion
Henry Knox’s letter scares states out of their complacency

3. Philadelphia Convention ‘87
Created between May 25 – Sept. 17, 1787
Intense debate between men w/radically different viewpoints – lawyers, farmers, scientists, plantation owners
Issues: How to grant national Sovereignty AND respect State’s Rights; SLAVERY
Delegates signed secrecy oath
Jefferson, Adams did not attend (out of country)
Had no plan but knew what they didn’t want
Roger Sherman’s Great Compromise combined Virginia + New Jersey Plans
States ratify but demanded a bill of rights

4. Originals displayed at National Archives

5. Organization of Constitution
Preamble
List goals of the gov’t
“We the People…”
Seven Articles
Divides gov’t power
Created three branches: Executive (President), Legislative (Congress), Judicial (courts)
Each Article divided in Sections + Clauses
Can be changed with Amendment

6. Organization of the Branches
Executive
President, Vice-President
Legislative
Congress (535)
House of Representatives (435)- POPULATION
Senate (100)- 2 PER STATE
Judicial
Supreme Court (9 justices)

7. Elements Protected by the Constitution
Popular Sovereignty: the ability for a country to control its own affairs
Representative Democracy: people elect leaders to make decisions for them
Limited Government
Federalism – division of power between State & National Governments
Concurrent (Shared) Powers

8. Elements Protected by the Constitution
Separation of Powers
No branch holds “too much” power
Legislative Branch makes the laws
Executive Branch carries out the laws
Judicial Branch interprets the laws

9. Discussion on Branches of Gov’t
QUESTION:
How did the lack of a strong central government in the Articles affect the creation of the Constitution in 1788?

10. Executive Branch (President)
Enforces laws made by Congress
Serves TWO 4-year- terms + can hold office for up to 10 years
44 presidents
Only “nationally” elected official

11. Qualifications + Duties
35 years old
Natural-born citizen living in the US for 14 years
Duties have changed over 200 years- Constitution vague on this subject!

12. Duties of the President
Administrative head of nation
Makes important policy decisions
Commander-in-Chief
Leader of the military in times of war
Chief Legislator- vetoes/approves bills
Chief of State
Meets w/Congress during “State of the Union” or during wartime
Chief of Party- becomes head of party

13. Roots of the Office
Colonists distrusted the King- Articles of Confederation neglected need for an executive.
With the failure of the Articles, Framers saw need for an executive office that would be strong enough to govern, but not so strong that it could abuse power.
Framers agreed that executive power should be vested in a single person to be called the president.

14. Terms of Office
The 22nd Amendment now limits presidents to two four-year terms or a total of 10 years in office.
Changed after death of FDR- served almost 4 terms (12 years)

15. Removal (Impeachment)
The president can be removed by Congress
House conducts investigation and drafts Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.'
Senate tries case with Chief Justice of Supreme Court presiding.
If 2/3rds of the Senate votes for the Articles, the president is removed from office.

16. Only Two Presidents have Been Impeached…
Andrew Johnson
Bill Clinton
…Neither were removed from office…

17. Succession 7 presidents have died in office or left early.
Congress passed Presidential Succession Act of 1947 that stated order of succession if president died, fell ill, or left:
Vice-President;
Speaker of the House;
President Pro Tempore, Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department

18. Legislative
Power
Chief-of-State
Pardoning
Power
Treaty-making
Power
Chief Diplomat
Chief Executive
Veto Power
Commander
-in-Chief
Appointment
Power

19. Evolution of the Office
President’s role has changed greatly
Most of it not clearly defined
The Cabinet, War Declarations
Changes most during times of crisis
Depends upon large staffs to help
The Cabinet
15 specialized departments that advise the president (State, Defense, Treasury, etc.).
Appointed by president, confirmed by Senate
Office of Management and Budget (OMB)
National Security Council (NSC)

20. Closure How will Executive Branch adapt to current world events?
Will the role of the president be the same 100 years from now?

21. Judicial Branch Supreme Court and other Federal Courts
Preserves + protects rights guaranteed by the Bill of Rights
Considers cases involving national laws
Declares laws and acts unconstitutional
Uses Judicial Review & Precedent to render decisions

22. Supreme Court Facts
1 Chief Justice, 8 Associate Justices w/lifetime status
Selected by president/confirmed by Senate
Sessions begin on 1st Monday in October
Listens to arguments during 7 two-week sessions
Court not required to hear every case
Listens only to fraction of those received
On average, SC receives 7,500 “petitions for certiorari”; hears only

23. Justices of the Supreme Court

24. The American Legal System

25. How Cases Get to the Court
How do they get there?
Original Jurisdiction (1-5 cases)
Appellate Jurisdiction (the rest)

26. Deciding to Decide: Agenda Setting on the Court
The Process
Petitions and Amicus Curiae Briefs
Cert Pool
Discuss List
Conference and the Rule of 4
The Outcome:
reject 98-99% of request for review
A Problem:
Why do Supreme Court justices make the case selection decisions that they do?

27. Important Court Cases Marbury vs. Madison (1803)
Gave courts the right to decide whether laws are constitutional – process called “Judicial Review”
Brown vs. Board of Education (1954)
Made segregation in schools illegal
Paved way for greater civil rights for blacks
Miranda vs. Arizona (1966)
Officers had to inform people of their rights at the time of their arrest

28. The Impact of the Court’s Decisions
Judges: Will they comply or defy?
Elected Actors/Interest Groups: Will they attempt to override?
Implementers: Will they follow or ignore?
Citizens: Will they move toward the Court’s position?

29. Court Building’s Architecture
Photos of Supreme Court
The Authority of Law
Equal Justice Under Law
The Contemplation of Justice/Front View
The Supreme Court building with Authority of Law statue
Supreme Court’s location to the Capitol