structure of the constitution 1.preamble 2.articles 3.amendments
TRANSCRIPT
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Structure of the Structure of the ConstitutionConstitution
1. Preamble2. Articles3. Amendments
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Preamble
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.”
Written by Gouverneur Morris What does it mean?
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The Articles of the Constitution
Article I - establishes the legislative branch.
Article II - establishes the executive branch headed by the president.
Article III - establishes the judicial branch.
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Articles of the Constitution Article IV – State to State Relations
– Each state gives others full faith and credit to public acts, judicial proceedings (marriage, divorce, etc.)
– Citizens of other states enjoy same privileges and immunities (passing through another state)
– Extradition is mandatory; upon request of governor fugitives must be brought back to the state making the request
– Congress can admit new states but not from within a state or by joining states
Article V- the formal amendment process – (we will discuss later)
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The Articles of the Constitution
Article VI – Debts and Supremacy Clause– Debts under the revolution absorbed by
government– Constitution is supreme law of the land, followed
by federal laws/treaties, state laws, and finally local law
– Executive and Legislative officers must take oath of office
Article VII- Ratification– Nine states of the original 13 were required to
ratify the Constitution
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Basic Principles of the Basic Principles of the ConstitutionConstitution
1. Popular Sovereignty2. Limited Government3. Separation of Powers4. Checks and Balances 5. Federalism6. Judicial Review (will discuss later)
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Popular Sovereignty
Authority for the government flows from the people.
The people have the political power. Governance by the “consent of the
governed” Preamble: “We the people…do ordain and
establish this Constitution.”
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Limited Government
The Government must obey the law, the gov’t is NOT above the law.
Government has only the authority that the people have given it
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Separation of Powers Each branch has its own responsibilities
– Legislative Branch: Makes the laws– Executive Branch: Enforces the laws– Judicial Branch: Interprets the laws
No single branch is allotted too much power Different constituencies for different branches
– Constituency: a group of citizens entitled to elect an official.
Different terms of office for different branches
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Checks and Balances
Each of the branches of government exercises some control over the others.
Each acts as a “watchdog” over the others.
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Federalism
Power is divided between state and national governments.
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Separation of Powers andChecks and Balances
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Jefferson Quote Analysis
Read each of the following quotes by Thomas Jefferson. Try to translate his meaning and determine which principle of the Constitution he is referring to…there will be one that you don’t use.
No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.—T.J.
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Jefferson Quote Analysis
The will of the people is the only legitimate foundation of any government, and to protect its free expression should be our first object.
The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch.
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Jefferson Quote Analysis
That government is best which governs least. The concentrating [of powers] in the same hands is
precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one.
The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed and that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.
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Jefferson Quote Analysis
With respect to our state and federal governments, I do not thing their relations correctly understood by foreigners. They generally suppose the former subordinate to the latter. But this is not the case. They are co-ordinate departments of one simple and integral whole. To the state governments are reserved all legislation administration, in affairs which concern their own citizens only; and to the federal government is given whatever concerns foreigners and citizens of other states; these functions alone being made federal. The one is the domestic, the other the foreign branch of the same government - neither having control over the other, but within its own department.
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Jefferson Quote Analysis
To the State governments are reserved all legislation and administration in affairs which concern their own citizens only, and to the federal government is given whatever concerns foreigners or the citizens of other States; these functions alone being made federal. The one is the domestic, the other the foreign branch of the same government; neither having control over the other, but within its own department. There are one or two exceptions only to this partition of power.
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Federalism:Federalism:The American VersionThe American Version
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Federalism
Power is divided between national and state governments
Shared sovereignty Compromise between strong national
government (unitary) and confederation of the states (Articles of Confed)
Historically, the national government continues to gain power.
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Power Under the Articles
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Power Under the Constitution
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Federalism Diagram
FEDERAL
POWERS
RESERVED
(STATE)
POWERS
CONCURRENT
POWERS
Declare War
Maintain Navy
Printing Money
Collecting Taxes
Borrowing Money
Establish Schools
Pay Teachers
Issue Driver’s license
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National Powers Express (Enumerated)
– Actually Stated in the Constitution (Many in Article I, Section 8)
– Examples:• The Power to Regulate Interstate and
Foreign Commerce (Commerce Clause)• Provide for the common defense /general
welfare• Coin money & regulate value.• Declare war
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National Powers Implied
– Powers that are inferred from express powers.
– Example: National Bank– Necessary and Proper Clause.
• AKA: The Elastic Clause• Article I, Section 8, Clause 18
Inherent– certain powers which all independent
nations have; i.e. foreign policy matters
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Reserved Powers for the States NOT STATED IN THE CONSTITUTION
– Residual Powers from the 10th Amendment Elections/Voting Marriage
Concurrent PowersShared by National and State Governments
Collecting Taxes Making and enforcing laws
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Denied Powers Article I, section 9 lays out powers denied to the
national government.– no preference to ports of one state over another– Cannot deny habeas corpus– no bills of attainder– no titles of nobility
Article I, section 10 lays out the powers denied to the states.– No entering into treaties– No coining money– No ex post facto laws– No titles of nobility– No bills of attainder
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The National Supremacy Clause The Constitution and national government
are supreme. If state and national laws conflict, the
national government wins. Art VI, paragraph 2 - Supremacy clause “This Constitution, and the Laws of the
United States which shall be made in Pursuance thereof [that is, in keeping with the principles of the Constitution] …shall be the supreme law of the land.”
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Why is the National Government getting stronger?
Many problems are of a national nature States need the national government for $$ “Statements of power” to the national
government from the Constitution:– Commerce Power– Defense of the Nation– Necessary and Proper clause – elastic clause
The Supreme Court rulings.– McCulloch v. Maryland (1819)– Gibbons v. Ogden (1824)
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McCulloch v. Maryland (1819)
First major decision under Chief Justice John Marshall re: relationship between the states and the national government.
Upheld the power of the national government and denied the right of a state to tax the bank.
The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings to expand federal powers.
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Gibbons v. Ogden (1824) Centered on the conflict between the states and the
powers of Congress. Could New York grant a monopoly concession on
the navigation of the Hudson River? Hudson River forms part of the border between
New York and New Jersey U.S. Congress also licensed a ship to sail the
Hudson. Question: What was the scope of Congress'
authority under the Commerce Clause? The Court upheld broad congressional power over
interstate commerce.
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A Guide for Analyzing Supreme Court Cases
1) What are the main facts behind the case?2) What part of the Constitution or what Federal law
was involved? Please give both title and description of the law involved.
3) If another law was involved what was the law?4) What is the issue or issues that must be decided in
this case?5) What did the Supreme Court decide?6) Why did the Supreme Court decide the way it did?7) What makes this decision important?
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Amending the Amending the ConstitutionConstitution
1. Formal Amendments2. Informal Amendments
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Two methods for Changing the Constitution
Formal: Changing the written words Informal: Changes or additions made
without changing the text of the Constitution.
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Formal Amendments
Formal Method – Article V creates a two-stage process for amending the Constitution: proposal and ratification. – Proposal: Two Options
• An amendment can be proposed by two-thirds of both houses of Congress or
• by two-thirds of state legislatures requesting Congress to call a national convention to propose amendments.
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Formal Amendments
–Ratification: Two Options• A favorable vote in three-fourths of
all state legislatures or
• by such a vote in specially called ratifying conventions called in three-fourths of the states.
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Amending the ConstitutionDiagram
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Informal Methods of Amendment
Many informal amendments Do not change the Constitution’s actual
words Changes come from five sources.
– Basic Legislation– Executive Action– Supreme Court Decisions– Custom– Political Party Practices
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Basic Legislation - Laws Congress spells out the
constitution by passing laws.– Fill in details about how
government works. (Example: Judiciary Act of 1789)
– Passed laws to explain parts of the Constitution
– Example when Congress passes a law regarding the USPS, they explain the meaning of the power to "establish post offices."
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Executive Action
Presidents can – Issue executive
agreements, agreements with other leaders
– Used instead of making treaties
– Does not need Congressional approval.
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Court Decisions The courts, especially the
U.S. Supreme Court– help explain a part of
the Constitution when they rule on a case.
– In Marbury v. Madison, the Supreme Court said the Constitution allowed judicial review.
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Customs
Customs are the usual ways people do certain things
Heads of Executive Departments make up the President’s cabinet.
Until the 1940s, it was the custom that Presidents served no more than two terms.
The Constitution did not talk about either of these issues.
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Party Practices
Political parties shape what the government does. – Elections– Congress in Action
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Political PartiesPolitical Parties
History and Functions
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Brief History of Political Parties Founders disliked Factions – Federalist #10 Federalists vs. Anti-Federalists Anti-Federalists become the “Jeffersonian-
Republicans” or the “Democratic-Republicans” after Jefferson resigns from Washington’s cabinet in order to organize the party.
By 1816, the Federalist Party is non-existent.
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Brief History of Political Parties Era of Good Feeling – No opposition to the
Democratic Republicans After the election of Jackson (1828) the
“Democratic-Republicans” become the “Democrats”
The National Republicans (Later known as the Whigs) arose during Jackson administration - opposed slavery – lasted until the 1850s.
Former Whigs and Democrats who opposed slavery formed the Republican Party in 1854.
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What do political parties do?
Select, endorse, and support candidates for public office
Produce political programs and scrutinize the other party
Disseminate information Help organize the activities of governing
officials
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Components of the Political Party and How they Interact
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Why a two-party system?
Rooted in history – America began as a two party system.
Obedience to the tradition Election rules – single-member districts
and winner-take-all elections. (Compare with proportional representation)
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Interstate Relations Full faith and credit clause
– States must enforce the civil judgments of the courts of other states and accept their public records as valid.
Privileges and immunities– No State may discriminate against the
residents of other States. Extradition
– States must return caught fugitives from another state.