The ConstitutionThe Constitution

Chapter 3Chapter 3

Chapter 3: ObjectivesChapter 3: Objectives

1.1. 6 basic constitutional principles6 basic constitutional principles

2.2. Popular Sovereignty & limited governmentPopular Sovereignty & limited government

3.3. 3 branches & separation of powers3 branches & separation of powers

4.4. Principle of federalism and states rightsPrinciple of federalism and states rights

5.5. Preamble, 7 Articles, 27 amendmentsPreamble, 7 Articles, 27 amendments

6.6. Formal amendment processFormal amendment process

7.7. Informal Powers: Elastic ClauseInformal Powers: Elastic Clause

8.8. Informal Powers: Presidential MandatesInformal Powers: Presidential Mandates

9.9. Informal Powers: Judicial ActivismInformal Powers: Judicial Activism

Structure & PrinciplesStructure & Principles

Constitution works only when: Constitution works only when:

1.1. An informed publicAn informed public

2.2. Public participationPublic participation

3.3. Public understands and exercises itPublic understands and exercises it’’s s rightsrights

--Constitution divided into 3 parts--Constitution divided into 3 parts

1.1. Preamble—introductionPreamble—introduction

2.2. 7 Articles7 Articles

3.3. Amendments (27)Amendments (27)

6 Major Principles6 Major Principles

1.1. Popular SovereigntyPopular Sovereignty

2.2. FederalismFederalism

3.3. Separation of PowersSeparation of Powers

4.4. Checks and BalancesChecks and Balances

5.5. Judicial Review: Judicial Review: 1.1. Marbury vs. Madison (1803)Marbury vs. Madison (1803)

6. LIMITED GOVERNMENT: 6. LIMITED GOVERNMENT:

Limited GovernmentLimited Government

Limited GovernmentLimited Government

Limited GovernmentLimited Government

3 Branches of Government3 Branches of Government

1.1. Article I- LegislativeArticle I- Legislative; makes laws; makes laws1.1. Expressed Powers: Expressed Powers: 2.2. Enumerated Powers: Enumerated Powers: 3.3. 18 Delegated Powers: 18 Delegated Powers: 4.4. Bill of Rights used to check the power of Bill of Rights used to check the power of democracydemocracy::

2.2. Article II-ExecutiveArticle II-Executive; enforces laws; enforces laws1.1. Commander-in-chiefCommander-in-chief2.2. Power of appointmentPower of appointment3.3. PardonsPardons4.4. Treaties (executive agreements)Treaties (executive agreements)5.5. Powers must be checked by Congress to prevent an Powers must be checked by Congress to prevent an

autocracyautocracy::

3 Branches of Government3 Branches of Government

3. 3. Article III-Judicial BranchArticle III-Judicial Branch: :

1. interprets laws1. interprets laws

2. weakest branch with fewest 2. weakest branch with fewest powerspowers

--to prevent an --to prevent an oligarchyoligarchy::

Case Law? Case Law?

Judicial Review? Judicial Review?

Shared Powers and Conflict

• President vs. Congress1. EOP expansion2. War Powers Act3. Oil drilling in Alaska & Off-shore4. Abortion5. Gay Marriage

Shared Powers and Conflict

• President vs. Courts1. Martial Law2. New Deal3. Lend-Lease Act4. Wars5. United Nations

Without Government Limitations

The Formal Amendment Process***************************• Article V: Proposing1. 2/3 of Congress2. 2/3 of States

(Congress)

• 21st Amendment only State Proposal

• Article V: Ratifying1. ¾ of Congress2. ¾ of States3. President Approval

• Impeachment of • Andrew Johnson and

14th amendment.

Amending the Amending the ConstitutionConstitution

Article V: The Amending ProcessArticle V: The Amending Process1.1. Propose an AmendmentPropose an Amendment

1.1. 2/3 of states 2/3 of states OROR

1.1. 2/3 of Congress (House of Rep. & Senate)2/3 of Congress (House of Rep. & Senate)

2.2. Ratify an AmendmentRatify an Amendment1.1. ¾ of States¾ of States2.2. ¾ of Congress¾ of Congress3.3. PresidentPresident

4 Ways to Amend4 Ways to Amend

1.1. Proposed by 2/3 of both houses.Proposed by 2/3 of both houses.

2.2. Ratified by ¾ of State LegislaturesRatified by ¾ of State Legislatures

3.3. Proposed at national convention called Proposed at national convention called by Congress when requested by 2/3 of by Congress when requested by 2/3 of states.states.

4.4. Ratified by ¾ of states by conventionRatified by ¾ of states by convention

Examples of Informal Examples of Informal ChangeChange

1.1. Taxation laws: Capital Gains, Death, Gift, Taxation laws: Capital Gains, Death, Gift, FICA, Federal, FICA, Federal,

2.2. Korean & Vietnam Conflicts, Iraq War, Korean & Vietnam Conflicts, Iraq War, War on Terrorism, War on DrugsWar on Terrorism, War on Drugs

3.3. Plessy v. Ferguson: Segregation pg. 56Plessy v. Ferguson: Segregation pg. 56

Interpretation of the Constitution leads to Interpretation of the Constitution leads to the rise of Bureaucracy*************the rise of Bureaucracy*************

Public Revenue Act 1942Public Revenue Act 1942

Tonkin Gulf ResolutionTonkin Gulf Resolution

War on Drugs?...War on Drugs?...

Separate-but-equal…Separate-but-equal…Plessy vs Ferguson?Plessy vs Ferguson?

Informal Methods of ChangeInformal Methods of Change************************************

1.1. 1. 1. Congressional LegislationCongressional Legislation: : Interstate Commerce Laws and Civil Interstate Commerce Laws and Civil Rights Laws, Patriot Act (foreign).Rights Laws, Patriot Act (foreign).

2.2. Presidential OrdersPresidential Orders: Executive Orders: : Executive Orders: Affirmative Action (1963), Commander-Affirmative Action (1963), Commander-

in-chief actions, Executive Agreements.in-chief actions, Executive Agreements.3. 3. Judicial ReviewJudicial Review: Common Law of : Common Law of

England, Federalist Paper #78, Marbury England, Federalist Paper #78, Marbury v. Madison 1803v. Madison 1803

Informal Changes to Informal Changes to Constitution and LawsConstitution and Laws

1.1. TaxesTaxes: Social Security, Medicare, : Social Security, Medicare, Federal Income; Public Revenue Act of Federal Income; Public Revenue Act of 1942 (Legislative Branch)1942 (Legislative Branch)

2. Bureaucratic Expansion2. Bureaucratic Expansion: BATFE, IRS, : BATFE, IRS, DEA, FDA, OSHA, EEOC, NLRB, EPA, DEA, FDA, OSHA, EEOC, NLRB, EPA, FTC, SEC, etc…(Legislative/Executive)FTC, SEC, etc…(Legislative/Executive)

Informal Changes to Informal Changes to ConstitutionConstitution

3. Commander-in-Chief Powers: 3. Commander-in-Chief Powers: Executive BranchExecutive Branch

4. Executive Orders: Presidential Laws4. Executive Orders: Presidential Laws 5. Executive Treaties: Executive Branch5. Executive Treaties: Executive Branch 6. Judicial Review: Case Law (Judicial 6. Judicial Review: Case Law (Judicial

Branch); Branch);

Constitutional Constitutional AmendmentsAmendments 11stst Amendment: Amendment:

Religion, Speech, Religion, Speech, Press, Assembly, Press, Assembly, PetitionPetition

““Separation of Separation of Church and StateChurch and State””

Prior RestraintPrior Restraint Permits to protestPermits to protest Hate CrimesHate Crimes Fighting WordsFighting Words Preferred Preferred

Doctrine PositionDoctrine Position

Free Speech vs. Free Speech vs. Speech LawsSpeech Laws

22ndnd Amendment Amendment

Keep and bear Keep and bear arms; form and arms; form and maintain militiamaintain militia

U.S. Supreme U.S. Supreme Court: 2008, Court: 2008, Individual RightIndividual Right

Brady BillBrady Bill Bans on Bans on ““assaultassault””

weaponsweapons Anti-Gun Anti-Gun

MunicipalitiesMunicipalities

D.C. vs. Heller 2008D.C. vs. Heller 2008

33rdrd Amendment Amendment

No quartering of No quartering of soldiers without soldiers without consentconsent

DEA, BATFEDEA, BATFE

44thth Amendment Amendment

Secure in: Secure in: Persons, Papers, Persons, Papers, Houses & Effects Houses & Effects against against unreasonable unreasonable searches and searches and seizuresseizures

Probable CauseProbable Cause Good Faith and Good Faith and

CreditCredit ““ReasonableReasonable”” WarrantsWarrants

44thth: Search & Seizure: Search & Seizure

55thth Amendment Amendment

1.1. Due Process of Due Process of Law: Life, Law: Life, Liberty, PropertyLiberty, Property

2.2. No Self-No Self-IncriminationIncrimination

3.3. No Double No Double JeopardyJeopardy

Eminent DomainEminent Domain New EvidenceNew Evidence ContemptContempt

Eminent Domain & Eminent Domain & Privacy RightsPrivacy Rights

66thth Amendment Amendment

1.1. Speedy and Speedy and Public TrialPublic Trial

2.2. Confronted by Confronted by accuseraccuser

Arbitration/Arbitration/Mediation/Plea Mediation/Plea BargainBargain

Shield LawsShield Laws

Right to Counsel: Right to Counsel: Gideon vs. WainwrightGideon vs. Wainwright

77thth Amendment Amendment

Jury Trial in Civil Jury Trial in Civil CasesCases

Right to Sue for $Right to Sue for $$$$$$$$$$$$$

Keeps Society Keeps Society Civil: Explain: Civil: Explain:

Arbitration/ BBBArbitration/ BBB Tort Reform LawsTort Reform Laws Limitations or Limitations or

caps on jury caps on jury awardsawards

Civil Lawsuits vs. Civil Lawsuits vs. Arbitration and Tort Arbitration and Tort LawsLaws

88thth Amendment Amendment

1.1. No Cruel or No Cruel or Unusual Unusual PunishmentPunishment

2.2. No Excessive No Excessive Fines or BailsFines or Bails

Death PenaltyDeath Penalty Chain GangsChain Gangs ““Excessive BailExcessive Bail””

99thth Amendment Amendment

Powers retained by the people. Powers retained by the people. – All powers not listed nor delegated All powers not listed nor delegated

are reserved to the peopleare reserved to the people– Popular SovereigntyPopular Sovereignty

1010thth Amendment Amendment

All powers not delegated (listed) All powers not delegated (listed) are reserved to the states and are reserved to the states and people respectively. people respectively.

StateState’’s Rightss Rights

States RightsStates Rights

11-27 Amendments11-27 Amendments

Review from textbookReview from textbook