UNIT II: “SO NEAR TO PERFECTION” The United States Constitution: Flaws Included…

Guiding Questions of Unit Two  How do fundamental principles define the American system of government?  How do state and national governments divide and share power?  Which points of view were reflected in the debate over ratification?  What role did compromise play in the development of the United States Constitution?

Fundamental Principles of the Constitution  “the consent of the governed”  “the consent of the governed” – Jefferson, like many English philosophers before him, argued that no government was legitimate without the consent of the governed – or the people’s permission to rule.  limited government  limited government – the powers of the government were restricted by the people and the Constitution.  separation of powers  separation of powers – this refers to the three branches of government: executive, legislative, and judicial, which struggle against on another for power. Thus, no one branch can establish a tyranny.

Fundamental Principles of the Constitution  checks and balances  checks and balances – each branch of the government has unique powers over the others. For example, the presidential veto, the Congressional override, or judicial review from the Supreme Court.  “the rule of law”  “the rule of law” – all of the nation’s laws apply to everyone – rich or poor, man or woman, black or white, empowered or impoverished.  federalism  federalism – more than one government may govern the people and each government shares powers with the others. National, state, and local governments each have different responsibilities.

The Preamble to the Constitution  There are six (6) basic themes articulated in the preamble to the Constitution, which explain the purpose of the new government of the United States: 1. “to form a more perfect union…” 2. “to establish justice…” 3. “to ensure domestic tranquility…” 4. “to provide for a common defense…” 5. “to promote the general welfare…” 6. And, to “secure the blessings of liberty for ourselves and our posterity…”

What powers does the Federal Government have?  Expressed Powers  Expressed Powers – powers that are clearly stated in Article I of the Constitution: the power to coin money, to create treaties, the declare war, or to raise and support a military are expressed powers.  Implied Powers  Implied Powers – Congress is given the power to make any laws “necessary and proper” for the governance of the nation.  Inherent Powers  Inherent Powers – Powers we just assume the Constitution grants the government because they are essential to a state: like, defending borders.  Concurrent Powers  Concurrent Powers – Powers that are shared by both the national and the state governments, for example, the power to tax, the power to make and enforce laws, and the power to borrow money.

Powers Specifically Denied to the Federal Government  No ex post facto laws  No ex post facto laws. This essentially means that you can’t make laws which apply to a person or groups past behavior. If the law didn’t exist at the time, people could not have willfully broken the law.  No taxes on exports  No taxes on exports. If you would like to sell your wares or goods and services abroad, the government cannot tax you for doing do.  No suspending the writ of habeas corpus  No suspending the writ of habeas corpus. This just means that you cannot be held indefinitely in prison without charges being brought forth and a day in court.

Powers of the States 10 th Amendment  All powers which are not enumerated for the national government are reserved to the states or to the people. This is stated explicitly in the 10 th Amendment to the Constitution. regulate commerce within their borders, conduct elections, establish local governments, and regulate education  States have the power to regulate commerce within their borders, conduct elections, establish local governments, and regulate education, among many other things.

Powers Denied to the States  States cannot tax imports or exports.  States cannot tax imports or exports. The federal government can tax imports – tariffs, or excise taxes – but, if all of the states were able to do so it would get too expensive and confusing.  States cannot coin their own money  States cannot coin their own money. Again, too confusing. There would have to be exchanges set up, and it would hurt the economy overall.  States cannot enter into treaties with other nations or Native American communities on their own  States cannot enter into treaties with other nations or Native American communities on their own.

The Supremacy Clause “This Constitution and the laws of the United States…shall be the supreme Law of the Land.”  Article VI, Clause II reads, “This Constitution and the laws of the United States…shall be the supreme Law of the Land.” This statement has been reinforced time and time again by the Supreme Court and by historical experience. Consider:  McCullough V. Maryland  McCullough V. Maryland – The Supreme Court case in which Chief Justice John Marshall declared that the United States government did not have to pay taxes to Maryland.  The Civil War  The Civil War – which demonstrated, after 625,000 men died to prove the point, that states cannot secede from the Union – even if they disagree with the elected leaders.  The 14 th Amendment  The 14 th Amendment – After the Civil War, the 14 th Amendment was ratified to guarantee equal protection under the law for all citizens. National citizenship means that states cannot violate the rights or any person in the United States.

The Preamble and the Articles of the Constitution The United States Constitution

The Preamble to the Constitution Perhaps the most famous line in any written Constitution world wide is this: “ We the People, in order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defence, 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.”

Article One Article One. The Legislative Branch The first article of the Constitution establishes the legislative branch. As a result of the “Great Compromise” during the Constitutional Convention, the Congress is a bicameral legislature, with one house of the Congress determined by proportional representation – the House of Representatives – and the other with equal representation: The Senate.

Article Two Article Two. The Executive Branch Article Two defines the executive branch’s role in government, with special emphasis on the role of the President of the United States. Fearful that the President may be likely to usurp power and establish a tyranny, many checks on his or her power were put in place by the Founding Fathers.

Article III Article III. The Judicial Branch Article III of the Constitution established the Supreme Court of the United States and gave Congress the power to establish other courts when necessary – and clearly, it would be necessary to have other courts on the Federal Level.

Checks and Balances limit the power of the government Why place check and balances on the government if the people elected it? Because the Founding Fathers wanted to limit the power of the government. Dividing power was key.

Article IV Article IV. Relations Between the States There are several issues resolved in Article IV of the Constitution regarding how states will interact: 1. Each state will place “full faith and credit” in the acts, records, and proceedings of the other states. 2. All privileges and immunities apply to all citizens. 3. Criminals must be extradited. 4. New states may be added to the union as equal members. 5. All states must have a republican form of government.

Article V Article V. The Amendment Process Article Five describes the specific manner in which Constitutional amendments can be proposed and what needs to take place for a Constitutional amendment to be ratified. As of today, there are twenty-seven (27) amendments to the Constitution which have been ratified.

How to amend the US Constitution:  In order to propose an amendment to the Constitution, you must follow one of these two methods: 1. A two-thirds vote of both House of Congress to propose the Constitutional amendment. 2. Two-Thirds of the state legislatures – or two-thirds of the states hold conventions to propose the amendment.

In order for the amendment to become a part of the US Constitution… There are three ways for an amendment to the Constitution to be ratified and become the law of the land: 1. Three-Fourths (¾) of the state legislatures ratify the amendment. 2. Three-Fourths (¾) of the state conventions called for ratification approve the amendment. 3. The Congress proposes “other mode of ratification.” For example, a (¾) vote in favor of the amendment by both houses of the Congress.

Article VI Article VI. National Supremacy The Constitution is the supreme law of the land, and national laws always supersede laws on the state and local level. If ever a national law and a state law are in conflict, the national law will be enforced without regard to the states’ legislation. On rare occasions, states have attempted to nullify – or ignore – national laws: The Virginia and Kentucky Resolutions, the Nullification Crisis, and South Carolina’s 1860 secession from the Union. Never works.

Article VII Article VII – Ratification Before the Constitution could become the law of the land, nine of the original thirteen states had to ratify the document. Virginia was the tenth state to do so!