“Wisdom and good examples”: The broad principles of the Constitution

1. “Wisdom and good examples”: The broad principles of the Constitution Chapter 3 Pages 59-82

2. Constitution of the U.S.: 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.

3. Preamble Draft "We the People of the States of New Hampshire, Massachusetts, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, do ordain, declare and establish the following Constitution for the Government of Ourselves and our Posterity."

4. Section 1 How did the Constitution create “a more perfect union”?

5. Division • Under the Articles of Confederation the country was divided. • National government was weak with problems. • States had power, but didnot work together to solve the problems.

6. Federalism is the solution • New system needed to have balance between states and nation. • National government will be strong and the states will retain much of their power.

7. National Government's Power • Expressed Powers • Article I lists the responsibilities of the government. • Called “expressed powers” • Implied Powers • Constitution allows Congress to make all laws “necessary and proper” to carry out the expressed powers. • Known as “Elastic Clause” because it can be stretched to justify almost any law. • Upheld by the U.S. Supreme Court.

8. National and State Relationship • Federal Supremacy • Federal laws and treaties take priority over all states/local laws. • Concurrent Power • Powers that states and national govt. share, like taxing. • Reserved Power • 10th Amendment --all powers not given to national govt. are reserved for the states, like gambling laws.

9. State to state relationship • Full Faith and Credit Between the States • States have to recognize and honor all other state’s licenses, records, and court hearings. • Citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states. • States cannot discriminate or have separate laws for people from different states.

10. Section 2 What kind of system did the Framers set up to “establish justice”?

11. Prior Issues Abuse by Great Britain Articles of Confederations • Great Britain used the courts to mistreat the colonies. • People were arrested unlawfully, trials were rigged, etc. • N0national court system and it was a mess. • States had different systems with different laws.

12. What is "Fair"? • Justice is found in fair treatment. • System has to be broad, because what is fair in one situation, may not be fair in another.

13. Article III – The Judicial Branch • The Judicial Branch is created in the Constitution. • Federal government hasa Supreme Court and lower Federal Courts to regulate the justice system. • Congress created themand monitors the lower courts. • Judiciary Act of 1789 • Established a nationwide system of district courts. • 1791 – The federal courts of appeals are created.

14. Bill of Rights • The first 10 Amendments of the Constitution. • Protect the individual rights of the people. • People felt protected from govt. abuse

15. Key beliefs of our justice system • All people are equal before the law. • Every person is entitled to treatment that reflects individual dignity and value. • Every person accused of a crime is presumed innocent until proven guilty. • People have faith in the system or it will fail.

16. Section 3 What is meant by “insure domestic tranquility”?

17. Protection against disturbance • The government has to keep peace within our bordersand protect us from each other. • Police, Firefighters, State Troopers, and education accomplish this.

18. Whose rights win? • Keeping peace often centers on conflict between two people. • Govt. decides each issue on a case by case basis to try to “balance” both parties rights. • Example: • People having a loud party at their house and it is disturbing the neighbors. • At night, police can shut it down, but if it is at 5 o’clock in the afternoon, they may leave it alone.

19. Federal Responses to Disorder • Most situation are handled by the local police, but sometimes a bigger response is needed. • The federal government has several agencies for emergency situations. • FBI, DEA, Federal Marshals, National Guard • Worst case President declares “State of Emergency” and calls in the military.

20. Section 4 How can the nation “provide for the common defense”?

21. Who is in charge of defense? • Congress’s powers: • Declare War • Ratify Alliances • Raise an army • Provide funding • President • Commander-in-Chief • Makes final decisions on: • How military is run • Military strategy • Military budget

22. Cost of National Defense • Budget is 685 Billion dollars. • U.S. Military is: • Very large • Very advanced (tech) • Involved in 2 wars • Very expensive

23. Components of National Defense • National Will • People must support the military. • If not, they will pressure the govt. to change. • Soldiers struggle when they are not supported. • Called Morale

24. Components of National Defense • Technology • Military uses the besttechnology . • New technology is keeping Americansout of harms way • Technology is extremely expensive

25. Components of National Defense • Foreign Alliances • Nations make agreements to help each other by: • Trading resources • Providing military assistance • Providing land for military bases

26. Section 5 How far should government go to “promote the general welfare?”

27. Changes in society • 1776 to early 1900’s • Responsibility of general welfare left to the individual and their community. • Government felt that “promoting the general welfare” was to provide opportunities. • People had to succeed or deal with failure on their own.

28. Changes (cont.) • Abuses and suffering during the progressive era and the Great Depression, change this mindset. • People look to the government for help. • The big question: • How much should the government help?

29. Cost of Government help • 2/3rds of every dollar collected is spent on “general welfare” programs. • Education • Public services • Welfare programs.

30. Economic Assistance • Government does give some money to people to help them: • Scholarships • Unemployment • Welfare • Disability • Raising Children (WIC) • Food Stamps

31. Critics of the system Against For • System is flawed. It encourages people to be lazy and have a “free ride” instead of taking responsibility to get back on their feet. • Life is hard and unfair. Everyone is going to need a little help, but people do not have the same resources and opportunities. Government needs to step in and help the disadvantaged.

32. Section 6 How does government “secure the blessings of liberty” for the people?

33. Liberty is not absolute • Bill of Rights and U.S. Constitution protect individual rights and freedoms. This has not always been followed. • African Americans, women, and other minorities have been denied many rights. • Some argue rights are still being denied today.

34. What is liberty? • Liberty is the right to pursue one’s own life-style and live freely. • Issues arise when one life-style conflicts with anotherlife style.

35. Securing the "Blessings" of liberty • Safeguards, or laws, are placed on actions that limit liberty, to: • Protect and promote the greater good of society. • Protect liberties of the individual, when two liberties are in conflict. • I can swing my arms, but I can not hit some one else. • Most accept these rules to govern behavior.

36. Liberty Versus Regulation • Government balances safeguarding civil liberties (freedom) with life style regulations (laws). • Local, state, and federal levels struggle with this limit. • Example: • Parents have the right to discipline their children, but where is the line between spanking and physical child abuse. • Non-smokers have the right to a smoke free environment, so do smokers havethe right to a smoking environment?

37. Section 7 Why did the Framers provide for a separation of powers?

38. Montesquieu • “Separation of powers” • Bad things happen when one person/group has all power. • Best to limit/separate power into 3 different branches

39. The Three Branches • Founding fathers agree with Montesquieu and use separation of powers. • Very successful • Legislative Branch • Makes the laws • Congress • Executive Branch • Enforces the laws • President • Judicial Branch • Interpret the laws • Supreme Court and the Federal Courts

40. "The Fourth Branch" • Congress gavepower to independent regulatory agencies for certain tasks. • These agencies have become so important that some call them the fourth branch. • Issue is they are not found in the Constitution and they are appointed, not elected. • Some feel this is not right.

41. Issues of "Seperation of Power" Imperial Presidency Judicial Legislation • Power struggle between Congress and the President. • President is now viewed as most important piece government. • Some in Congress resent this, creating conflict. • Belief that some court rulings, make laws instead of interpret them. • Takes away power from Congress. • Example: • Abortion rulings, gun law rulings.

42. Section 8 How does the system of checks and balances work?

43. Montesquieu • Checks and Balances. • Balance of power needs each branch to check(limit) the other branches. • Makes them dependant on each other creating equality.

44. Checks Executive checks the Legislature Legislature checks the Executive • Veto – President refusing to sign a bill so it cannot become law. • Additionally: • Propose legislation • Refuse to sign powers delegated by Congress • Campaign for/against Congress • Call special sessions of Congress for an issue • Congress approves budget • Congress declares war, approves foreign policy, and sets funding of the military. • Senate approves treaties and confirms Presidential appointees. • Congress can impeach the president, remove them for wrong doing.

45. Checks Executive checks the Judiciary Judiciary checks the Executive • President appoints federal judges. • Pickspeople they agree with • Judges and President cannot speak or interfere with each other about decisions • Judicial Review • Supreme Court can examine actions of the executive and rule it unconstitutional and it cannot be done. • Established in Marburyv. Madison • Court orders can be issued to stop or modify actions of executive.

46. Checks Legislative checks the Judiciary Judiciary checks the Legislative • Lower federal courts established and maintained by Congress • Senate approves judges appointment • Sets judges salary • Impeach judges for wrong doing • Judicial Review applies to federal/state laws. • Any federal court candeclare a law unconstitutional. • Law loses legal force

47. Section 9 What makes the Constitution a living, growing document?

48. Strict vs. Loose Strict Construction Loose Construction • Belief that government cannot do any thing that is not specificallywritten in the Constitution • Belief that government can use implied powers (necessary and proper clause) to meet changing conditions. Issue: Big Government or Small Government More government does (loose construction), the less people have to do, but the govt. is bigger. Government can do less (strict construction), the people have to do more, and the govt. is smaller. How big or small do you want the govt. to be as compared to how much or little you would have to do yourself?

49. Brief and Clear • Constitution was written for the average man: • Short, takes ½ hour to read • Very direct to limit confusion • Written in common language to be understood by all • Most feel they can understand thegovernment, increasing trust in the system. • Trust allows government to address issues not found in the Constitution without the public being upset.

50. Unwritten Constituion • Many aspects of political system are not in the Constitution. • Instead they are accepted as the “unwritten” part. • Political Parties • President’s Cabinet • Primary Elections • Party Conventions