The Living Constitution · Sets out basic principles of US government Brief, not detailed. Framing...

The Constitution

The National Archives

Definition

The nation’s fundamental law “The supreme law of the land” Sets out basic principles of US

government Brief, not detailed

Framing a Constitution

McLauchlan

Functions a Constitution May Perform

1. Create the organs or institutions of Government

2. Specify the powers and duties (the authority) of the institutions of government

3. Outline the processes of governing; the processes for exercising the powers are spelled out.

4. Impose limitations on the exercise of power by governing institutions.

1. Specify WHO occupies the institutions.

2. Specify how incumbents (occupants) are selected and for how long.

3. Indicate how incumbents can be removed during their term

1. Specify the relationship between citizens and the state. liberties, rights, duties, and obligations

of citizens and the government US Constitution: relationships are

contained in the Bill of rights

2. an afterthought not considered crucial by the Framers.

Objectives of the Framers

1. Protect Private Property.2. Establish and maintain order.3. Provide a stronger central

government than under the Articles of Confederation.

1. Provide for a central, national executive, and a national judiciary, as well as a national legislature.

2. Reduce (eliminate?) the sovereign power of the states.

3. Eliminate or solve the problems contained in the Articles of Confederation

Weaknesses of the Articles of Confederation (Wilson)

Could not levy taxes or regulate commerce

Sovereignty, independence retained by states

One vote in Congress for each state Nine of thirteen votes in Congress

required for any measure Delegates to Congress picked, paid

for by state legislatures

Weaknesses of the Articles of Confederation (Wilson)

Little money coined by Congress Army small and dependent on

independent state militias Territorial disputes between states

led to open hostilities No national judicial system All thirteen states’ consent necessary

for any amendments

Primary Features of the Constitutional Convention

McLauchlan

Areas of Agreement The Articles of Confederation had to be

scrapped The need to strengthen the national or

central government. Believed that a strong central government

was potentially very dangerous or potentially tyrannical.

The need for a republican form of government

Accepted the need for compromise among them.

Areas of Disagreement Forms of representation in the legislature Methods for selection or basis of

representation. Specific forms of the central the

government AND how much power they should have.

Need for specific rights and liberties provisions in the Constitution.

Slavery. The nature of the union and over state

sovereignty.

Basic Principles

Popular Sovereignty

All political power to the people “We the People” wrote the

Constitution & can change it

Limited Government

Government may do only what people allow

Constitutionalism: government must obey its own laws

Rule of law: office-holders must obey the law

Separation of Powers

3 branches of government Described in Articles I, II, & III

The Three Branches of Government

The Three Branches of Government

Legislative

The Three Branches of Government

ExecutiveLegislative

The Three Branches of Government

JudicialExecutiveLegislative

The Three Branches of Government

Law-

JudicialExecutiveLegislative

The Three Branches of Government

Law-making

JudicialExecutiveLegislative

The Three Branches of Government

Law-Law-making

JudicialExecutiveLegislative

The Three Branches of Government

Law-executingLaw-making

JudicialExecutiveLegislative

The Three Branches of Government

Law-Law-executingLaw-making

JudicialExecutiveLegislative

The Three Branches of Government

Law-interpreting

Law-executingLaw-making

JudicialExecutiveLegislative

The Three Branches of Government

Law-interpreting

Law-executingLaw-making

JudicialExecutiveLegislative

The Three Branches of Government

Congress

Law-interpreting

Law-executingLaw-making

JudicialExecutiveLegislative

The Three Branches of Government

PresidentCongress

Law-interpreting

Law-executingLaw-making

JudicialExecutiveLegislative

The Three Branches of Government

Supreme Court

PresidentCongress

Law-interpreting

Law-executingLaw-making

JudicialExecutiveLegislative

Checks & Balances

3 branches are kept in check & balanced by the other 2

Judicial Review

Courts have the power to decide the constitutionality of laws

Federalism

The power to govern is divided between the national (federal) government & the 50 state governments

The Whiskey Rebellion, 1794

Little Rock Central High, 1957

101st Airborne

Our Changing Constitution

The Formal Amendment Process

Method One

Proposed by 2/3 majority of Congress Ratified by ¾ of state legislatures

(38)

Method Two

Proposed by 2/3 majority of Congress Ratified by ¾ of state conventions

(only the 21st done this way)

Method Three

Proposed by national convention (called by Congress)

Ratified by ¾ of state legislatures (38)

Method Four

Proposed by national convention (per Congress)

Ratified by ¾ of state conventions How the Constitution itself was ratified 9 of 13 states

The Formal Amendment Process

Not signed by the President “Spam Filter”

9000 attempts 34 proposed 27 ratified

Most frequent topic of amendment: electoral college

The Amendments

(1791) The Bill of Rights

11. (1795)

Suits against States

12. (1804)

Vice Presidential Election‑ Same ticket as President

13. (1865)

End of Slavery

14. (1868)

Slaves became US citizens Due process clause Equal protection clause “2nd Bill of Rights"

15. (1870)

Blacks' right to vote

16. (1913)

Federal Income Tax

17. (1913)

Popular election of US Senators

18. (1919) Prohibition

Sale, manufacture, transportation of alcohol as beverage

19. (1920)

Women's Suffrage

20. (1933) "Lame Duck"

Amendment Nov. Dec. Jan. Feb. March

21. (1933) Repeal of

Prohibition

22.(1951)

Presidential term limit 2 terms or 10 years

22nd Amendment in Action

198319721984

19821971198119701980196919791968LBJ19781967LBJ19771966LBJ1976GF1965LBJ1975GF1964LBJ1974RN/GF1963JFK/LBJ

23. (1961)

Presidential electors for DC

24. (1964)

End of Poll Taxes

25. (1967)

Presidency succession ("depth chart") Vice Presidential vacancy ‑

Presidential disability

26. (1971)

18-year olds' right to vote

27. (1992)

Congressional pay raise shall not take effect until after election proposed in 1789

Informal Amendment

Basic Legislation Congress spells out the Constitution with many laws

Executive Action Presidents have expanded their powers "Executive Agreements;" no Senate approval

Court Decisions Courts (especially Supreme Ct.) interprets the Constitution

Party Practices not mentioned in the Constitution George Washington opposed them but the 2 party system is permanent‑

Custom unwritten laws

Example: no two term tradition until FDR‑ ‑