THE CONSTITUTION

HISTORY, STRUCTURE, AND PRINCIPLES

Constitutional Convention

• CONFLICTS– Va. Plan vs. NJ Plan– Should Congress or

voters elect President?– 3 or 7 year term for

President?– Should President or

Senate pick Supreme Court?

– How do you count slaves?

• COMPROMISES– Bicameral legislature– Electoral College

– 4 year term

– President nominates, Senate confirms justices

– 3/5 Compromise

The Structure• ARTICLE I: THE LEGISLATIVE BRANCH

– Bicameral Legislature: CAUTIOUS, DELIBERATE– Senate: (originally, not today) chosen by state

legislatures; equal (2) representation– House of Representatives (originally, the only) directly

elected popular democratic part; proportional representation

– Increased powers of central government• Economic: CAN tax, regulate interstate commerce• Power to create federal courts, specify # of judges• “necessary and proper clause” (“elastic clause”) allowed

Congress to extend powers beyond enumerated powers

Character of Bicameral Legislature

• House of Reps• Shorter terms (2)• Lower age

requirement (25)• Represent district of

fewer people• Representation based

on population• REPRESENTATIVE

DEMOCRACY

• Senate• Longer terms (6)• Higher age

requirement (30)• Represent entire state• Originally chosen by

state legislatures• (today directly

directed)• FEDERALISM

Unique Powers

• House of Reps• All revenue (tax) bills

must start in House• Impeachment of federal

officials

• Senate• Confirmation power: for

federal judges, cabinet officials, Fed officials nominated by President

• Ratification power: Treaties arranged by President must be approved by 2/3 Senate

• Holds impeachment trials

The Structure• ARTICLE II: THE EXECUTIVE BRANCH

– Method of election: The Electoral College– Specific powers

• Commander-in-chief, commissions officers• Chief Executive• Addresses Congress (State of the Union)\• Receives ambassadors• Granting pardons for federal crimes

The Structure• ARTICLE III: THE JUDICIAL BRANCH

– Specifically created US Supreme Court– Other federal courts created by Congress– NOT elected– Supreme Court justices given life tenure

• Freedom from political pressure

PRINCIPLES: FEDERALISM• Political power DIVIDED between central

government and regional governments• Separate but overlapping powers• Article VI: (national) Supremacy Doctrine• Enumerated and implied powers: national• Reserved powers: state (all but above)• Effects

– Diversity of public policy, experimentation– Multiple access points– Decentralization of Conflict– Inequality of government services in states

Principles: Checks & Balances

• Congress: Can override veto, can start the amendment process, controls appropriations (money) – Senate: ratifies treaties, approves judges and

cabinet officials, judges impeached officials– House: tax bills must start there, can impeach

officials like President

Principles: Checks & Balances

• President– Can veto legislation passed by Congress

• NO “line-item veto” power= separation of powers

– Appoints all federal judges – Negotiates treaties– Proposes budget– Pardon power– Can call Congress into session

Principles: Checks & Balances

• Judicial Branch– Judicial Review: Can declare laws or

executive actions unconstitutional– First example: Marbury v. Madison– McCulloch v. Maryland: The Judiciary

interprets the Constitution

Principles: Limited Government

• Limits/liberties in original Constitution– Right of trial by jury guaranteed– Habeus Corpus rights cannot be suspended (unless

emergency)– No bills of attainder – No ex post facto laws– No religious test

– BILL OF RIGHTS PROTECTIONS ADDED AFTER RATIFICATION

Disability Access Conflicts over Federalism

• 1990: Congress passes Americans with Disabilities Act (ADA)

• Congress requires businesses, state and local governments to provide disabled with “equal access”

• Problems:– No clear definition of “equal access”– No plan of administration– No estimate of costs– Unfunded Mandate: Congress gave states no $