Where did we begin?

English heritage Magna Carta (1215) Habeas Corpus (1679) English Bill of Rights (1689) Enlightenment – Locke, Hobbes,

Montesquieu, Rousseau Social contract theory dismissed divine rule of kings

5 basic principles (ideas) in the Declaration of

Independence all men created equal endowed with unalienable rights purpose of gov’t = security of

rights just powers of gov’t by consent right to alter or abolish when

gov’t becomes destructive of these ends

Articles of Confederation National government could not levy taxes National government could not levy taxes

from statesfrom states No national armyNo national army No control over trade (domestic of foreign)No control over trade (domestic of foreign) No federal supremacyNo federal supremacy No Supreme CourtNo Supreme Court No ExecutiveNo Executive Amendments required unanimous voteAmendments required unanimous vote Pass national laws – 9/13 votePass national laws – 9/13 vote *1781-1787 (*technically since Second *1781-1787 (*technically since Second

Continental Congress, 1776 -)Continental Congress, 1776 -) Did establish a Post Office; Land Ordinance Did establish a Post Office; Land Ordinance

of 1785, Northwest Ordinance (1787)of 1785, Northwest Ordinance (1787) 3

Constitutional Convention Summer

1787 Virginia Plan (Edmund Randolph and

James Madison) Strong central

government with bicameral legislature

3 branches Representation of one

house based on population

Judiciary with veto power of legislative acts

New Jersey Plan (William Patterson) Plural executive National government

supreme Unicameral

legislature – one vote per state

National government could tax and regulate trade

4

US Constitution PreamblePreamble … … ““We the People of the United We the People of the United

States, in Order to form a more perfect UnionStates, in Order to form a more perfect Union……””

7 articles7 articles Article I – Legislative, II – Executive, III – Judicial, IV Article I – Legislative, II – Executive, III – Judicial, IV

– Federalism (Full faith credit, extradition, creation – Federalism (Full faith credit, extradition, creation new states) V – Amendment Process, VI – Supremacy new states) V – Amendment Process, VI – Supremacy Clause, VII – Ratification of the ConstitutionClause, VII – Ratification of the Constitution

27 Amendments27 Amendments (Bill of Rights 1-10, ratified (Bill of Rights 1-10, ratified 1791)1791)

1787 – 1787 – Constitutional ConventionConstitutional Convention ““Supreme Law of the LandSupreme Law of the Land”” (Article VI) (Article VI) Living document – Living document – read and interpreted by read and interpreted by

courts around the world.courts around the world.5

ELEMENTS OF THE CONSTITUTION

Separation of Powers - this established the individual powers of the three branches (Legislative, Executive, and Judicial).

Checks and Balances - this prevents any of the three BRANCHES from gaining too much power (examples?).

Federalism - established the power of the LEVELS of gov’t (Federal vs. State)

REPUBLICANISM – we elect representatives to run the government for us.

Principles of the Principles of the ConstitutionConstitution

Checks and BalancesChecks and Balances Separation of PowersSeparation of Powers FederalismFederalism Republicanism Republicanism Judicial review (inherent power – Judicial review (inherent power – Marbury Marbury

v. Madison)v. Madison) Other liberties included within the articles Other liberties included within the articles

Writ of habeas corpus - Writ of habeas corpus - statement issued by a judge of statement issued by a judge of a charge to a charge to ““hold the bodyhold the body””

No bill of attainder - No bill of attainder - laws that make an individual laws that make an individual guilty of a crime without a trial, were barredguilty of a crime without a trial, were barred

No ex post facto laws - No ex post facto laws - which declared an action a which declared an action a crime after it had been performed, were not permittedcrime after it had been performed, were not permitted7

Figure 2.2: What are the separation of powers and checks and balances

under the U.S. Constitution?

To Learning Objectives

Question:

How was the Constitution ratified?

9

Question:How was the Constitution ratified?

Answer:Approved by 3/4, or 9 states, via vote in special conventions (approved by the people!)

10

Question:

What are the two formal procedures for amending the Constitution?Proposal?Ratification?

11

Amendment process in Article V

Amendments may be proposed by: 2/3 of both houses of Congress, or A convention called for by 2/3 of both

houses of Congress upon application by 2/3 of the state legislatures

Amendments may be ratified by: ¾ of state legislatures or ¾ of conventions in the states 

Congress selects the mode of ratification.

Marbury v. Madison Marbury v. Madison (1803)(1803)

Judicial reviewJudicial review 1st time S.C. declared a Congressional 1st time S.C. declared a Congressional

act -- Judiciary Act of 1789 -- act -- Judiciary Act of 1789 -- unconstitutionalunconstitutional

Chief Justice John Marshall wrote Chief Justice John Marshall wrote decisiondecision

Legitimized the independence and Legitimized the independence and Constitutional role of the Supreme CourtConstitutional role of the Supreme Court

Marbury v. Madison (1803) See p.330 in O’Connor textbook; This is See p.330 in O’Connor textbook; This is

a very important case!a very important case! 13

Federalist Papers

PUBLIUS (Latin for “the people”) Alexander Hamilton, James Madison,

John Jay Federalist Papers (85 articles total) to

support the Constitution and to respond to Antifederalists’ dissent for the ratification

Promoted a strong central government Hamilton (51), Madison (26), John Jay (5), and

Hamilton and Madison co-authored 3 Two of the most famous Federalist Papers… Federalist Nos. 10 and 51 (Madison)

Delegated &Enumerated Delegated &Enumerated PowersPowers

Delegated powers – granted to one Delegated powers – granted to one of the three branches of the of the three branches of the national government by the national government by the Constitution (usually refers to Constitution (usually refers to powers delegated to President)powers delegated to President)

Enumerated – usually refers to Enumerated – usually refers to Congressional powers Article I, Congressional powers Article I, Section 8Section 8

Expressed – powers derived from Expressed – powers derived from the Constitutionthe Constitution 15

Implied PowersImplied Powers

Authority granted by inference of Authority granted by inference of the Constitutionthe Constitution’’s delegated powerss delegated powers

(I.8.18.) = Article I, section 8, clause (I.8.18.) = Article I, section 8, clause 18 18 ““necessary and proper clausenecessary and proper clause””

McCulloch v. Maryland (1819)(1819) Congress has the enumerated power Congress has the enumerated power

to to ““declare wardeclare war”” whereas the whereas the President has Commander-in-Chief President has Commander-in-Chief power to command armed forces. power to command armed forces.

16

McCulloch v. Maryland McCulloch v. Maryland (1819)(1819) Federal supremacy (Article VI) - supremacy Federal supremacy (Article VI) - supremacy

clauseclause Unanimous decisionUnanimous decision Question over the power of Congress to establish Question over the power of Congress to establish

a national bank; national gov’t supremacy; a national bank; national gov’t supremacy; federalismfederalism

Implied power - (I.8.18) Congress may Implied power - (I.8.18) Congress may ““make all make all laws necessary and proper for carrying into laws necessary and proper for carrying into execution …and all other powers vested in…the execution …and all other powers vested in…the govgov’’t of the United States t of the United States ”” or the or the elastic clauseelastic clause

Justice John Marshall expanded the role of the Justice John Marshall expanded the role of the national governmentnational government

““Power to tax is the power to destroyPower to tax is the power to destroy”” McCulloch v. Maryland (1819)

17

Inherent PowersInherent Powers

Self-evident powersSelf-evident powers Protection of citizens under the Protection of citizens under the

governmentgovernment Powers which are automatic for a nation-Powers which are automatic for a nation-

state – foreign negotiations, make state – foreign negotiations, make international agreements, acquire international agreements, acquire territory, protection of citizens, etc.territory, protection of citizens, etc.

The US is a sovereign power among The US is a sovereign power among nationsnations

Presidents question their inherent powers Presidents question their inherent powers during times of crisis and emergenciesduring times of crisis and emergencies18

MandatesMandates Federal law for all levels of governmentFederal law for all levels of government New Deal Programs, Great Society New Deal Programs, Great Society

Programs, Clean Air Act were mandates Programs, Clean Air Act were mandates for the nationfor the nation

Unfunded MandatesUnfunded Mandates Americans With Disabilities Act 1990 (ADA)(ADA) Unfunded Mandates Reform Act of 1995 - Unfunded Mandates Reform Act of 1995 -

requires the Congressional Budget Office requires the Congressional Budget Office (CBO) and federal agencies to report the (CBO) and federal agencies to report the impact of unfunded mandates describing the impact of unfunded mandates describing the impact on state and local governmentsimpact on state and local governments

19

I (1I (1stst) Amendment) Amendment Civil Liberties Civil Liberties ““Congress shall make no law respecting an Congress shall make no law respecting an

establishment of establishment of religionreligion, or prohibiting the , or prohibiting the free exercise thereof; or abridging the free exercise thereof; or abridging the freedom of freedom of speechspeech, or the , or the presspress, or the right , or the right of the people to peacefully to of the people to peacefully to assemblassemble, and e, and to to petitionpetition the Government for a redress of the Government for a redress of grievances.grievances.””

Schenck v. United States (1919) speech, (1919) speech, clear and present dangerclear and present danger

Gitlow v. New York (1925) (1925) incorporation of incorporation of First AmendmentFirst Amendment’’s freedoms of speech and press s freedoms of speech and press provisions, citing the Fourteenth Amendmentprovisions, citing the Fourteenth Amendment’’s due s due process clause to apply to state lawprocess clause to apply to state law 20

I (1I (1stst) Amendment) Amendment Establishment Clause: Establishment Clause: ““make no law make no law

respecting the establishment of …respecting the establishment of …”” Lemon v. Kurtzman (1971)(1971) ““lemon test lemon test

or 3-prong testor 3-prong test”” Engel v. Vitale (1962) (1962) no state-no state-

sponsored prayer in public schoolsponsored prayer in public school Free exercise clause Free exercise clause ““or prohibiting the or prohibiting the

free exercise of…free exercise of…”” Reynolds v. United States ( 1878) – polygamy is ( 1878) – polygamy is

illegal and is not protected under 1illegal and is not protected under 1stst AmendmentAmendment

Oregon v. Smith (1990) – unlawful drug use is (1990) – unlawful drug use is illegal in religious ceremonies and is not illegal in religious ceremonies and is not protected under 1protected under 1stst Amendment Amendment

Bill of Rights Institute Religious Liberty

21

XIV (14XIV (14thth) Amendment - ) Amendment - 18681868 Defined citizenshipDefined citizenship

Clauses:Clauses: privilege and and privilege and and immunities, immunities, Due processDue process, equal , equal protection protection

Incorporation Incorporation Application of due process clause to the Application of due process clause to the

State law – State law – ““nor shall any State deprive nor shall any State deprive any person of life, liberty, or property, any person of life, liberty, or property, without the due process of the lawwithout the due process of the law””

Gitlow v. New York (1925) 5 sections: also includes congressional 5 sections: also includes congressional

representation/districting; Southern rebels representation/districting; Southern rebels denied federal office, rebel debts repudiateddenied federal office, rebel debts repudiated

22

Incorporation DoctrineIncorporation Doctrine

The legal concept under which the The legal concept under which the Supreme Court (and federal courts) Supreme Court (and federal courts) has has ““nationalizednationalized”” the Bill of Rights by the Bill of Rights by making most of its provisions making most of its provisions applicable to the states through the applicable to the states through the Fourteenth Amendment.Fourteenth Amendment.

The following amendments have not The following amendments have not been incorporated: III, VII, X (Grand been incorporated: III, VII, X (Grand Jury)Jury)

*See my website for a AP College *See my website for a AP College Board PDF article of this topic Board PDF article of this topic

23

Selective IncorporationSelective Incorporation Selective Incorporation – the Supreme Selective Incorporation – the Supreme

Court (or federal courts) decide on a case-Court (or federal courts) decide on a case-by-case basis, when to apply the Bill of by-case basis, when to apply the Bill of Rights to state law from the due process Rights to state law from the due process or equal protection clauses in the or equal protection clauses in the Fourteenth Amendment.Fourteenth Amendment.

Palko v. Connecticut (1937) – first (1937) – first rejection by S.C. of rejection by S.C. of ““totaltotal”” incorporation; incorporation; ruled that the Fifth Amendment double ruled that the Fifth Amendment double jeopardy provision does not apply to the jeopardy provision does not apply to the states through the Fourteenth states through the Fourteenth Amendment. Amendment. (overturned by (overturned by Benton v. MarylandBenton v. Maryland, , 1969 – incorporated double jeopardy)1969 – incorporated double jeopardy) 24

IV (Fourth) AmendmentIV (Fourth) Amendment

Search and seizuresSearch and seizures Wolf v. Colorado (1949) (1949)

(incorporation case, 4(incorporation case, 4thth and 14 and 14thth Amendments)Amendments)

Mapp v. Ohio (1961) - (1961) - (incorporation case, 4(incorporation case, 4thth and 14 and 14thth Amendment)Amendment) Exclusionary ruleExclusionary rule

25

Due ProcessDue Process

5th and 14th Amendments5th and 14th Amendments Protection against deprivation of Protection against deprivation of

life, liberty, or propertylife, liberty, or property Rights of the accusedRights of the accused Origin from the Magna Carta Origin from the Magna Carta

(1215)(1215)

26

V (Fifth) AmendmentV (Fifth) Amendment

Due processDue process Eminent domain (govEminent domain (gov’’t will pay $ for t will pay $ for

private property)private property) Self-incriminationSelf-incrimination Double jeopardyDouble jeopardy Capital crime – Grand Jury (except Capital crime – Grand Jury (except

Military and emergencies)Military and emergencies)

27

VI (Sixth) AmendmentVI (Sixth) Amendment

Fair and speedy trial; right to Fair and speedy trial; right to counselcounsel

Miranda v. Arizona (1966)(1966) rights of rights of the accused, Fifth amendment, right the accused, Fifth amendment, right to counsel, self-incriminationto counsel, self-incrimination

Gideon v. Wainwright Gideon v. Wainwright (1963)(1963) counsel must be provided in felony counsel must be provided in felony cases (incorporation case – due cases (incorporation case – due process in 6process in 6thth and 14 and 14thth Amendments) Amendments)

28

Suffrage AmendmentsSuffrage Amendments

XV (15) – (1870) African American XV (15) – (1870) African American malesmales

XVII (17) – (1913) XVII (17) – (1913) direct elections for US direct elections for US SenatorsSenators

XIX (19) – (1920) Women SuffrageXIX (19) – (1920) Women Suffrage XXIII (23) - (1961) District of Columbia XXIII (23) - (1961) District of Columbia

residents vote for presidentresidents vote for president XXIV (24) - (1964) prohibit poll taxes XXIV (24) - (1964) prohibit poll taxes XXVI (26) – (1971) 18 year old voteXXVI (26) – (1971) 18 year old vote

29

Article IArticle I

Legislative Branch (Congress)Legislative Branch (Congress) House and SenateHouse and Senate Very detailed powers - enumerated (I.8) Very detailed powers - enumerated (I.8) impeachmentimpeachment Gives Congress the most powerGives Congress the most power ““Necessary-and-properNecessary-and-proper”” clause clause Habeas corpus, no bill of attainder, or ex Habeas corpus, no bill of attainder, or ex

post facto lawspost facto laws Interstate commerce clauseInterstate commerce clause CensusCensus

30

Enumerated Powers of Enumerated Powers of CongressCongress Levy taxesLevy taxes

BorrowBorrow Regulate commerceRegulate commerce Naturalization and bankruptcyNaturalization and bankruptcy Coin moneyCoin money Establish a Post OfficeEstablish a Post Office Patents and copyrightsPatents and copyrights Create CourtsCreate Courts Declare warDeclare war Create army and navyCreate army and navy Govern the District of ColumbiaGovern the District of Columbia ““make all laws necessary and proper for carrying make all laws necessary and proper for carrying

into execution…” into execution…” 31

House of House of RepresentativesRepresentatives

435, 2 year term, 25 years old, 7year resident, 435, 2 year term, 25 years old, 7year resident, citizencitizen

Apportionment by population for each state; Florida Apportionment by population for each state; Florida has *27 Congressional districts (after 2010 Census)has *27 Congressional districts (after 2010 Census)

Districts decided by state legislatures, census of Districts decided by state legislatures, census of pop every 10 yearspop every 10 years

Smaller constituency, less staffers, less media, Smaller constituency, less staffers, less media, limited debate timelimited debate time

All appropriation/revenue bills start in the HOUSEAll appropriation/revenue bills start in the HOUSE Ways and Means CommitteeWays and Means Committee Rules Committee (decides rules of debate)Rules Committee (decides rules of debate) Quorum (218)Quorum (218) Speaker of the House (3rd in the succession of Speaker of the House (3rd in the succession of

presidency)presidency) Policy specialistsPolicy specialists Power to vote for impeachment (accusation)Power to vote for impeachment (accusation)

32

SenateSenate 100 (2 per state)100 (2 per state) Larger constituency, more staffers, more Larger constituency, more staffers, more

seniority, more media, more prestige seniority, more media, more prestige 6 year term, 30 years old, 9 years resident, 6 year term, 30 years old, 9 years resident,

citizencitizen Riders allowed on billsRiders allowed on bills Filibuster and cloture (3/5 of Senate)Filibuster and cloture (3/5 of Senate) Confirmation presidential nominations: Confirmation presidential nominations:

federal judges, ambassadors, US marshals, federal judges, ambassadors, US marshals, Supreme Court justicesSupreme Court justices

Ratify treaties (2/3)Ratify treaties (2/3) Hold impeachment trials (2/3)Hold impeachment trials (2/3)

33

Article IIArticle II

Executive Powers Executive Powers Vague on purpose and meaningVague on purpose and meaning Commander-in-Chief (power to Commander-in-Chief (power to

make war)make war) Make treatiesMake treaties Make pardonsMake pardons State of the Union AddressState of the Union Address Appointments to the federal govAppointments to the federal gov’’tt http://www.articleii.org/

index.html 34

PresidencyPresidency

Article IIArticle II 4 year term, 35 yrs. old, 14 yr. 4 year term, 35 yrs. old, 14 yr.

resident and US natural-born citizenresident and US natural-born citizen XXII (22) Amendment, max 2 terms XXII (22) Amendment, max 2 terms

in office, or 10 years, reaction to in office, or 10 years, reaction to FDRFDR

XII (12) changed the election XII (12) changed the election process of the president (electoral)process of the president (electoral)

XXV (25) disability and succession of XXV (25) disability and succession of president president

35

Formal Powers of Formal Powers of PresidentPresident

**Commander in ChiefCommander in Chief **Commission Officers (of military)Commission Officers (of military) Grant pardonsGrant pardons State of the Union, Convene CongressState of the Union, Convene Congress **Receive ambassadors, or other public Receive ambassadors, or other public

MinistersMinisters Wield Wield ““executive powerexecutive power”” ““Take CareTake Care”” that Laws be faithfully executed that Laws be faithfully executed Appoint officials (ambassadors, public Appoint officials (ambassadors, public

ministers, SC Justices, and all other officers)ministers, SC Justices, and all other officers) Veto and approve legislationVeto and approve legislation **Make treatiesMake treaties **denotes foreign powersdenotes foreign powers 36

Informal Powers of the Informal Powers of the PresidentPresident

Morale builderMorale builder Party leaderParty leader Legislative leaderLegislative leader Coalition leaderCoalition leader Crisis managerCrisis manager Personnel recruiterPersonnel recruiter ““Leader of the Free WorldLeader of the Free World”” Persuader Persuader ““bully pulpitbully pulpit”” (Teddy (Teddy

Roosevelt)Roosevelt)37

Veto Veto President can veto and send the bill President can veto and send the bill

back to Congress with the reasons back to Congress with the reasons why why

Pocket veto -- if the President does Pocket veto -- if the President does not sign or veto within 10 days, not sign or veto within 10 days, and and Congress adjourns,Congress adjourns, the bill is dead the bill is dead

bill turns into LAW – bill turns into LAW – ““put it in a put it in a drawerdrawer”” President neither signs or President neither signs or vetoes within 10 days (Congress in vetoes within 10 days (Congress in session), bill becomes law.session), bill becomes law.

38

Executive Orders• An executive order in the United States is a

directive issued by the President, the head of the executive branch of the federal government.

• U.S. Presidents have issued executive orders since 1789. Although there is no Constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1 of the Constitution and the statement "take Care that the Laws be faithfully executed" in Article II, Section 3.

• Most executive orders are orders issued by the President to US executive officers to help direct their operation, the result of failing to comply being removal from office.

• FDR, Truman, L.B. Johnson, Obama• (See pp.292-293, p. 316)

39

Executive agreements

Formal international agreements entered into by the president with another head of state that do not require the consent of the Senate

A way of getting around the Constitutional “advice and consent” of the Senate

Nonbinding for subsequent presidential administrations

p. 274 40

Bureaucrats = Civil Servants

• A bureaucrat, or a civil servant, is someone who works for government at any level. When we refer to the “federal bureaucracy,” we mean either the structure OR the federal employees (not state and non local government workers).

• Some are appointed by the President, however most are career-level employees.

• These are NON-elected public officials.• More than 2.7 million federal employees• p. 298, 300

41

CABINET15 Executive Departments

Large, broad area administrative units, responsible for a national interest function

State, Defense, Treasury, Justice, Labor, etc. (see handout)

Composed of Secretaries of the Executive Branch and the Attorney General (Justice Dept.)• Tenure of Office Act• Cabinet Secretaries confirmed by Senate• Can be fired by President

Each department has subdivided bureaus, divisions, sections, or smaller units (i.e. Transportation Security Administration, or TSA, is part of Dept. of Homeland Security)

p. 27242

Independent Executive Agencies

Governmental units that closely resemble a Cabinet department but have narrower areas of responsibility, and perform services rather than regulatory services

CIA NASA EPA p. 307-308

43

Independent Regulatory Commissions

• Agencies created by Congress to exist outside the major the departments to regulate a specific economic activity or interest; created for continuity of economic policies; Congress and the courts have neither time nor expertise to regulate

• 1935 SCOTUS ruled these agencies protected from political pressures (can not fire members)

• Presidential appointments – confirmed by Senate – are for staggered term of years (7 to 14 years) to create bipartisan members; odd number members on each board (5 to 7 members) to prevent a tie.

• National Labor Relations Board (NLRB)• Federal Reserve Board, FCC, SEC, FEC • OSHA (Occupational Safety and Health

Administration)• p. 308-309

44

Electoral systems

Winner-take-all: an electoral system in which the party that receives at least one more vote than any other party wins the election; “First-past-the-post”; “plurality system”

Proportional representation: a voting system that apportions legislative seats according to the percentage of the vote won by a particular political party 45

Multimedia Resources Apps

Quizlet Pocket Justice CRAM Presidents US Presidents Constitution FedPapers USA Manual Declaration Congress 46

Multimedia Resources Continued http://apgovmultimedia.wikispaces.com/

AP+Govt+Exam+Review+Resources http://www.archives.gov/federal-register/electoral-

college/teach.html http://www.constitutioncenter.org/ncc_edu_Students.aspx http://www.icivics.org/ http://bensguide.gpo.gov/9-12/index.html http://www.articleii.org/index.html http://www.billofrightsinstitute.org/dnn/ http://www.c-spanclassroom.org/Video/621/

High+School+AP+US+Government+Exam+Review.aspx Watch C-SPAN “Cram for the Exam” on Washington

Journal the weekend prior to the exam http://c-span.org/Series/Washington-Journal/

More LINKS on my website 47

ResourcesResources AP Central College Board AP Central College Board

Government & Politcs -US Home PageGovernment & Politcs -US Home Page O’Connor, Karen, et. al. O’Connor, Karen, et. al. American Government: American Government:

Roots and Reform (2011 Edition). Roots and Reform (2011 Edition). Pearson, 2011.Pearson, 2011. Janda, Kenneth, et. alJanda, Kenneth, et. al. The Challenge of . The Challenge of

Democracy - Government in America (Eight Democracy - Government in America (Eight Edition).Edition). Houghton Mifflin, 2005. Houghton Mifflin, 2005.

Magleby, David B. et. al. Magleby, David B. et. al. Government By the Government By the People (21People (21stst ed). ed). Pearson Prentice Hall, 2006. Pearson Prentice Hall, 2006.

Wilson, James Q. and John J. DiIulio, Jr. Wilson, James Q. and John J. DiIulio, Jr. American Government Institutions and Policies American Government Institutions and Policies (Ninth Edition). (Ninth Edition). Houghton Mifflin, 2004.Houghton Mifflin, 2004.

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