To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato  Pearson Education, 2009  Chapter 2 Part 2 The Constitution

Basic Ideas of the Constitution  Separation of powers between three branches.Separation of powers  Based on Montesquieu  Checks and balances provide oversight.  Government takes the form of a federal system in which there is a division of power between State and National governments.federal system  Enumerated Powers for National, Concurrent Powers are shared, and Reserved Powers are for the States.

Figure 2.2- Separation of Powers  Back

Figure 3.3- Federalism  Back Page 100

Article I: Legislative Branch  Bicameral (“two houses”) Congress: Senate and House.  Sets out terms, selection, and apportionment for members of Congress.  House can impeach, Senate has trial and votes on it.  Revenue bill must originate in the House.  President can veto laws, but Congress can override a veto with a 2/3’s vote in each house.

Article I: Legislative Branch  Article 1 Section 8 lists Enumerated powers: 1. Lay and collect taxes 2. Borrow money 3. Regulate commerce (Commerce clause) 4. Set naturalization laws 5. Coin Money 6. Punish counterfeiters

Article I: Legislative Branch  Enumerated powers continued: 7. Establish post offices 8. Issue patents 9. Set up lower federal courts 10. Punish piracies and crimes on the seas 11. Declare war 12. Raise and support an army, but no appropriation longer than 2 years

Article I: Legislative Branch  Enumerated powers continued: 13. Provide and maintain a navy 14. Set rules for army and navy 15. Provide for calling up militia (national guard) 16. Provide for organization of armed forces

Article I: Legislative Branch  Lists powers denied to Congress and the federal government:  No suspension of Habeas Corpus except when needed for public safety  No bills of attainder or ex post facto laws  No Direct taxes  No taxing of exports  No state receives preferential treatment  No titles of nobility

Article I: Legislative Branch  Lists powers denied to the states:  States may not enter into treaties  States may not impose taxes on exports or imports  States may not keep a standing army or navy  States may not declare war

Article I: Legislative Branch  Final clause is necessary and proper clause.  This is the basis for Congress’ implied powers.

Article II: Executive Branch  President with a Vice President for a four-year term.  Qualifications for and removal from office.  Must be a natural born citizen, 35 years old, and a resident for 14 years  Must take the Oath of Office  Lists powers of the office.  Commander in chief, treaties, appointments, pardons.  Sets out State of the Union Address.

Article II: Executive Branch  Lists powers of the office:  Commander in chief  Makes Treaties with 2/3’s vote in Senate  Appoints Ambassadors, Consuls, and Federal Judges with approval of Senate  Pardons people of federal crimes  Gives State of the Union Address.

Article III: Judicial Branch  Establishes only a Supreme Court.  Judges have no term limit and will be paid a salary  Life appointments (assuming good behavior)  Gives Congress the power to establish lower courts.

Article III: Judicial Branch  Declares what cases the Supreme Court has original jurisdiction over:  Includes any cases involving the laws of the United States, the Constitution or any treaties.  Cases involving ambassadors or diplomats  Naval and Maritime law  Cases involving the US Government  Cases between 2 states or citizens of 2 states

Articles IV-VII  Article IV includes full faith and credit clause.  Article IV includes provisions about new states.  Article V discusses amendment process.  Article VI contains the supremacy clause.  Article VII contains provisions for ratification.

Ratifying the Constitution  States hold ratifying conventions; tensions run high.  Federalists support the document.Federalists  Anti-Federalists oppose the document.  The Federalist Papers play a key role.  New Hampshire was ninth to ratify.  Later states demand a Bill of Rights.

Table 2.2- Federalists and Anti-Federalists  Back

Formal Amendment  Two stages: proposal and ratification.  Can be proposed by 2/3’s vote in Congress or state legislatures.  State legislatures have never proposed.  Can be ratified by ¾ state legislatures or state conventions.  State Conventions only used one time; for Twenty-First Amendment repealing Prohibition.

Figure 2.3- Amending the Constitution  Back

Informal Amendment  Judicial interpretation.  Social change  Cultural change.

Table 2.1- Articles and the Constitution  Back