Constitution Take- Aways

1. Constitution Take-Aways "Regrets," said Martin, "are the natural property of grey hairs; and I enjoy, in common with all other men, at least my share of such inheritance.“ Charles Dickens in Martin Chuzzlewit, 1845

2. The Preamble Philosophical Statemenst: Popular Sovereignty Natural Rights Nature of Union (?) Practical Application Ties to cultural language about government. We The People, not We The States – why? Language of the Revolutionary era.

3. Article I Basics Power of the Legislature Most basic task of government – writing laws! Clear delegation of primary power. Power to write their own rules of proceeding. Certain special powers in each house. Internal Checks Necessity of quorum to act. 50%+1 to pass laws. Both houses needed to send bills to President. Both houses needed to override Veto. Requirement of regular meetings.

4. The House of Representatives Who Can Be A Representative? 25 Years Old, 7 Years Citizenship, State Residency Directly elected by all qualified voters in state. 2 year terms, no term limits. Special Powers All revenue bills originate in the House – essential! May bring initial charges of impeachment. Special Problems + Compromises Results of the Connecticut Compromise Results of the 3/5ths Compromise States can manipulate voting laws Requires extensive cooperation with the Senate Vacancies appointed by state Governors

5. The Senate Who Can Be A Senator? 30 Years Old, 9 Years Citizenship, State Residency Elected by the state legislatures (17th Amendment) 6 year terms, no term limits. Special Powers Approves all presidential appointments -- essential! Reviews and ratifies all foreign treaties. Conducts trials of impeached officials. Special Problems + Compromises Results of the Connecticut Compromise Much smaller body – less powerful before modern staff members, campaigns, etc? Cannot originate the most important bills. Vacancies appointed by state governors

6. Section 8 Powers Section 8 – The Expressed Powers Congress may write laws dealing with… Official issuing of currency Borrowing and repaying money for the nation Interstate and international commerce regulation Post offices and patents – information infrastructure Authorize war and warlike actions. Create and monitor specific expenditures on military Section 8 – The Elastic Clause Congress may write laws… Necessary and Proper in order to carry into effect any of the preceding powers.

7. Mini-Bill of Rights Denied Powers No denying habeus corpus No ex post facto laws No bills of attainder No titles of nobility No secret expenditures or direct taxes No slave trade changes Missing Protections Jury trial rights and other process protections. Freedom of speech, religion, etc. Freedom of association Why are these missing?

8. The Executive (Article II) Who Can Be The President? 35 Years Old, “Natural Born Citizen” Elected by the electoral college, which is selected by the states however they want. (17th Amendment) 4 year terms, no term limits. Wearing Many Hats President’s powers are varied and broad Could have been broken into several offices Special Problems + Compromises Extremely unusual method of election Limited influence over Congress No access to own funding and dictates Can’t declare war or control militia laws

9. Diplomatic Powers President Shall… Appoint ambassadors Receive ambassadors Negotiate foreign treaties and agreements President Cannot… Make trade regulations. Declare war or sever relations. Obligate nation to treaties without ratification.

10. Military Powers President Shall… Be the commander in chief of the military – personnel, organization, equipment, etc. Command state militias when nation needs them for military purposes. President Cannot… Declare war. Control his own military budget or ‘militia’ Obligate nation to treaties without ratification.

11. Executive/Legislative Powers President Shall… See to it that the laws are carried out faithfully Appoint all officers and personnel needed to carry out the laws and get their advice in writing. Go to Congress with advice on legislation regularly. Call Congress into session when needed. Make emergency appointments without Congress. President Cannot… Make major appointments without approval. Alter the content of the laws enforced. Appropriate money or raise taxes for the programs and laws without Congress. Actually propose a bill into the House or Senate.

12. The Judiciary Jurisdiction and Purpose ‘Constitutional Questions’ Ambassadors and public ministers Conflicts between states and with the US Other major problems. Establishment of Courts Supreme Court established by not enumberated Other Federal Courts established by Congress Special Notes Preservation of jury trials Special restrictions on treason

13. States and Federalism Mutual State Obligations Full faith and credit National privileges and immunities Extradition of criminals Obligations of National Government Guarantee of republican government Protection of slave system (property) Protect against insurrection Govern territories fairly

14. Amending the Constitution Routes to proposal 2/3 of both houses (same as override!) 2/3 of a national convention Routes to ratification 3/4 of all state legislatures 3/4 of special conventions in each state Original ratification 9/13 colonies – but some are truly essential Informal Change Technological, social, and political change are informalbut significantly change the way the Constitution is used.