10/22/12 American Constitutional Law 1

Introduction to US LawIntroduction to US Law

Introduction to American Constitutional Law:

Lecture I

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Not a Direct DemocracyNot a Direct Democracy

● The U.S. is in no way a direct democracy.➢ Congress is directly elected.➢ President really is not.➢ Judges are not.➢ No recalls➢ No direct initiatives (referendums)

● NOTE – each state has its own constitution➢ some states do look more like a direct democracy.

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Separation of PowersSeparation of Powers

● Three Branches of Government➢ In theory, each checks the other.➢ Legislative Branch – law makers➢ Executive Branch – law enforcers➢ Judicial Branch – law interpreters

● There is some overlap.➢ Executive Agencies make regulations.➢ Courts make law.

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Sources of LawSources of Law

● Constitution● Bill of Rights● Federal Law● State Constitution● State Law● Local Law

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Checks on PowerChecks on Power

● Constitution➢ Separation of Powers➢ Checks and Balances

● Bill of Rights➢ protects individual rights from tyranny of majority.

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Competing InterestsCompeting Interests

● Constitution➢ Federal v. State

governments

● Civil Liberties➢ Government (State

and Federal) v. Individual

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Article I- The HouseArticle I- The House

● Sec. 2 – Group 1➢ How are the members of the House of

Representatives chosen?➢ How many reps does each states get?➢ How long do the reps serve?➢ What are the requirements to be a rep?➢ The section ends with “The House of

Representatives . . . shall have the sole power to impeach.” What does this mean?

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Article I – The SenateArticle I – The Senate

● Sec. 3 – Group 2➢ How were members of the Senate originally

chosen?– How does the 17th Amendment change this?– For how long do Senators serve?– What are the requirements to be a Senator?

➢ Explain the Senate's role in the Impeachment process.

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Article I - Creating LawArticle I - Creating Law

● Sec. 7 – Group 2➢ Where must bills that raise revenue start?➢ Once both houses pass a bill, it is sent to the

President for his signature. What can the President do with the bill?

➢ If President objects to the bill and sends it back to Congress, how can Congress bypass the President's rejection?

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Article I – Checks on PowerArticle I – Checks on Power

● Sec 9 – Group 3➢ What is the first clause limiting?➢ What other limits are placed on Congress in the rest

of the section?– NOTE – I will explain what ex post facto law and Bill of

Attainder mean.

● Sec 10 – Group 3➢ This section places limits on what the individual

states can do. What are these limits?

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Article I – The PowersArticle I – The Powers

● Sec 8 - Instructor➢ Sets forth a list of explicit powers that Congress

has.➢ What does “regulate commerce among . . . the

several states mean?➢ What does “to promote the progress of science . . .

by securing for limited times . . . exclusive rights . . . . “ mean?

➢ What does “to constitute tribunals inferior to the Supreme Court mean?

➢ What does the last clause mean?

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Article II – The ExecutiveArticle II – The Executive

● Sec. 1 – Group 4➢ For how long does the President serve? How many

times can the President be re-elected?– see also the 22nd Amendment

➢ Explain how the President gets elected?– see also the 12th Amendment

➢ What are the qualifications to become President?➢ If the President dies in office or is removed, who

becomes President?– see also the 25th Amendment

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Article II – The ExecutiveArticle II – The Executive

● Sec. 2 – Group 5➢ What powers are given to the President?➢ Are there any limitations placed upon these

powers?

● Sec. 3➢ What duties must the President fulfill?

● Sec. 4➢ How can the President be removed?

– See also Article I for the exact process.

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Article III – The JudiciaryArticle III – The Judiciary

● Sec. 1 – Group 6➢ Which courts are expressly created by Article III?➢ How can new courts be established?➢ For how long to judges hold their office?➢ Who selects the judges?

– see also Article II, Sec. 2

● Sec. 2➢ What powers are given to the Court?

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Article V - AmendmentsArticle V - Amendments

● Explain the process for amending the Constitution. - Instructor

Introduction to U.S. LawIntroduction to U.S. Law

The Players

Executive BranchExecutive Branch

U.S. CongressU.S. Congress

● Two Houses:➢ Senate➢ House of

Representatives

● Main Purpose = make laws and check power of other branches.

United States SenateUnited States Senate

● Basic Information➢ 100 members, two from each state, six-year terms

(staggered).➢ Unique Powers and Rules

– Filibuster & Cloture– Confirms Executive and Judicial appointments – Ratifies Treaties

Senate: Presiding OfficersSenate: Presiding Officers

Vice_President ElectJoe Biden

President Pro TemporeSenator Daniel Inouye (D-HI)

Senate Majority LeaderSen. Harry Reid (D-NV)

House of RepresentativesHouse of Representatives

● Basic Information➢ 435 members, number per state depends on

population, two-year terms.➢ Presided over by Speaker of the House.➢ Unique Powers

– Power of the purse

● Removal by 2/3 vote● Censure (punishment) by majority vote.

House of RepresentativesHouse of Representatives

House of RepresentativesHouse of Representatives