The Constitution The Engine of Our Republic “Supreme Law of the Land”

1. The ConstitutionThe Engine of Our Republic “Supreme Law of the Land” MAGRUDER’S Chapter 3

2. Constitution U.S. Constitution – 4,300 words in 7 main parts or sections called articles. Including the 27 amendments, there are 6,700 words. The seven articles are: a. Legislative b. Executive c. Judicial d. Relations Among States and the Federal Government e. Amending Process f. National Supremacy g. Ratification of the Constitution [9 of 13 colonies] Texas Constitution – 90,000 words in 376 sections and over 400 amendments [over 600 amendments were proposed] [Alabamahas almost800 amendments to their constitution [ [specific] Formal[constitutional] Amendments – 27 amendments ratified by the States [Over 10,000 have been proposed; 33 were sent to the States and 27 were approved.]

3. Before we look at the Constitution let’s look at why the Articles of Confederation failed.

4. MAJOR PROBLEMS

5. NATIONAL GOVT. SLOWLY WENT BROKE

6. WORTHLESS CURRENCY

7. STATES TAXED EACH OTHER

8. CONFLICTS OVER TRADE

9. COULD RAISE AN ARMY-BUT STATES HAD TO SUPPORT WITH $$$

10. INDIAN PROBLEMS IN THE FRONTIER

11. PIRATES- NO PROTECTION FOR OUR MERCHANTS

12. NO NATIONAL JUDICIARY

13. No Chief Executive To Enforce The Laws

14. “Our new Constitution is now established, and has an appearance that promises permanency; but in the world nothing can be said to be certain except death and taxes.” -Benjamin Franklin

15. JAMES MADISON “FATHER OF THE CONSTITUTION”

16. 39 OF THE 55 DELEGATES WOULD SIGN THE DOCUMENT

17. Differences Between the Articles of Confederation and the Constitution Articles of Confederation The US Constitution • Bicameral Congress (2 houses) • 2. In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population • 3. Executive Branch established, lead by US President, carries out laws • 4. Judicial Branch established, headed by Supreme Court, interprets laws • 5. Majority rules! (50% +1 in each house to pass laws) • 6. Congress has exclusive right to coin money • 7. Only Congress could regulate trade with states and foreign nations • 8. States recognize the US Constitution as the final word on all matters • 9. Congress can impose taxes as well • Unicameral Congress (1 house) • Equal (one) vote in Congress per state • No Executive Branch • No Judicial Branch • 9 out of 13 states had to approve laws in Congress • States could coin their own money • States could regulate trade with states and foreign nations • States had great autonomy to govern themselves • Only states had the power to impose taxes

18. VIRGINIA OR LARGE STATE PLAN RUTLEDGE & MADISON

19. ELECT ELECT LOWER HOUSE UPPER HOUSE

20. NEW JERSEY OR SMALL STATE PLAN WILLIAM PATERSON

21. EQUALLY REPRESENTED

22. Objectives1. Six basic principles of the Constitution2. How the Constitution is formally amended [and the 27 amendments]3. How the Constitution is informally amended. • The Constitution is referred to as the LIVING CONSTITUTION because it is highly flexible and can change to meet the times. • The Constitution (1787) is this nation’s fundamental law [“supreme law of the land”] as it lays down the framework of our government. • It is on display at the National Archives Building in Washington, D.C. It consists of 6,700 words and has 39 signatures. • The Constitution begins with a short Preamble (statement of why the Constitution was written). The main body of the Constitution follows the Preamble. It is divided into 7 main parts called Articles, which are then divided into smaller sections. • Jefferson said the Constitution “belongs to the living and not the dead” which means it must be responsive to changing times and customs.” 1 2 National Archives Building 3

23. Article IV. Relations Among StatesSection 1. Official Acts Section 2. Mutual Duties of States Section 3. New States and Territories Section 4. Federal Protection for StatesArticle V. The Amending ProcessArticle VI. National SupremacyArticle VII. Ratification of the Constitution PreambleArticle I The Legislative Branch Section 1. Congress Section 2. House of Representatives Section 3. Senate Section 4. Elections and Meetings Section 5. Organization and Rules Section 6. Privileges and Restrictions Section 7. Passing Laws Section 8. Powers of Congress Section 9. Powers Denied to the Fed Gov. Section 10. Powers Denied to the StatesArticle II. The Executive BranchSection 1. President and Vice-President Section 2. Powers of the President Section 3. Duties of the President Section 4. ImpeachmentArticle III. The Judicial BranchSection 1. Federal Courts Section 2. Jurisdiction of the Federal Courts Section 3. Treason

24. The first principle isPOPULAR SOVEREIGNTY • (the people rule) • The Constitution acts as a contract with the people: • People grant government powers so they can get the work of the nation done • People spell out what the government may NOT do • Popular [people] sovereignty [absolute rule] –absolute power is invested in the people. • The “We, the people” in the Preamble, shows that the people are the only source of governmental power. • The government may govern only with the consent of the people is what popular sovereignty means. 4 5 6 6. The Framers feared that direct democracy would lead to mob rule. They believed that elected representatives would make more reasoned judgments than the people themselves. 7

25. Suffrage in the US 1789 White, male, at least 21 years old, land owner (in most cases) 1800-1850’s White, male, at least 21 years old 1870 Male, at least 21 years old (black men gained the right to vote- 15th Amendment) • The people choose officials for the following national offices: • House of Representatives(Art. 1, Sec. 2) • Senate (Amendment 17) • Members of the Electoral College (who vote for the President) • Voting rights have increased over time. When the Constitution was ratified, only white men over the age of 21 who owned property could vote. 1920 At least 21 years old (women gained the right to vote- 19th Amendment) 1961 Citizens living in Washington, DC can vote in presidential elections (amazingly, those living in the District of Columbia could not vote for President of the United States because they were not a state and had no electoral votes… the 23rd Amendment gave DC 3 electoral votes) 1971 All citizens who are at least 18 years old may vote (26th Amendment)

26. 2. Limited Government Limited government reflected the Framers fear of too much power [tyranny] accumulating in any one branch. The people are the only source of authority. Government is not all powerful and can do only things the people want. The government must obey the law. The Constitution outlines the specific powers (enumerated powers) of the Government (congress, president, courts) and also details the things the government cannot do! The Bill of Rights [first 10 amendments] protect human rights by limiting the power of national government. [“Congress shall make no law” guarantees freedom of religion, speech, press, assembly, and petition.

27. 3. Separation of Powers • Power being distributed among the three branches is separation of powers. • The purpose was to prevent any group or individual from having all the power. • The Framers distrusted a strong central government in which the same people make, enforce, & determine the laws. • The government was divided into 3 independent branches • Legislative [Congress] • Executive • Judicial 8 9 10

28. LEGISLATIVE BRANCH • Main purpose: • MAKE LAWS • Examples of duties… • Coin money • declare war • tax • maintain the military • ratify treaties

29. Main purpose: • ENFORCE/ CARRY • OUT LAWS • Examples of duties… • serve as commander in chief of armed forces • negotiate treaties • appoint advisors (cabinet, ambassadors) • appoint federal judges • approve/veto bills Executive Branch And dance!!!!

30. JUDICIAL BRANCH Main purpose: INTERPRETS/ EXPLAINS LAWS Examples of duties… 1. declare laws constitutional/ unconstitutional 2. declare executive actions constitutional/ unconstitutional

31. 4. Checks and Balances Checks and Balances – the three branches of government are not completely independent of one another but are tied together by a complex system of checks and balances. All three share power with the others. A. each one is subject to checks by either or both of the others. B. There are checks when the President vetoes an act of Congress, or Congress overrides a presidential veto. Or the Senate rejects a presidential appointee, or when Congress removes judges through impeachment. C. This check and balance system makes compromise necessary. 11 12 13 14

32. Legislative Branch Checks Over … Executive Judicial • can override presidential veto • confirms presidential appointments • ratifies treaties • can declare war • appropriates money • can impeach and remove president • Create lower federal courts • Can impeach or remove judges • Can propose amendments (overruling judicial decisions) • Approves appointments of federal judges

33. Executive Branch Checks Over … Legislative Judicial • appoints federal judges • can grant pardons to federal offenders • can propose laws • makes appointments • negotiates foreign treaties • can veto laws • can call special sessions of congress

34. Judicial Branch Checks Over … Legislative Executive • can declare executive actions to be unconstitutional • can declare laws and acts of Congress to be unconstitutional

35. 5. Judicial Review Judicial Review: The power of the Court to declare a government action illegal, or,null and void,because it violated the Constitution. 15 The power of judicial review is held by all federal courts and most State courts. The lowest State courts – justice of the peace courts – do not have judicial review because they are not courts of record. 16 Former Chief Justice Hughes said, “We are under the Constitution but the Constitution is what the judges say it is.” 17

36. Under the Constitution, the Supreme Court can decide whether or not laws or presidential actions are constitutional. During a Supreme Court case in 1803 called Marbury vs. Madison, the Supreme Court interpreted Article 3, Section 2 to mean that the Courts had the power to do the above. So judicial review is when the Supreme Court determines what the Constitution means in specific cases. On more than 150 occasions, an act of Congress has been found to be unconstitutional. It has voided over 1,000 state laws. 18

37. State Governments National Government 6. Federalism The framers recognized that state governments could deal with the needs of their people better than a national government For this reason, they sought to create a nation that had shared powers between the federal government and the state government [federalism] 19

38. GOVERNMENT MUST BE BALANCED STATE GOVT. NAT'L GOVT.

39. The Constitution also ensures… • States are treated equally. • 2. States must respect the laws of other states. • 3. All States are guaranteed representation in Congress. • The Constitution also makes • clear that the Constitution is • the “supreme law of the land” • and federal courts will decide • disputes between states and • the federal government.

40. Federal, State, & Shared Powers FEDERAL POWERS STATE POWERS • Regulate interstate and • foreign trade • Create and maintain armed forces • Coin Money • Declare War • Admit new states • Establish foreign policy • Make peace treaties • Regulate trade within state borders • Conduct Elections • Create local governments • Provide for public safety • Establish laws about marriage & divorce • Control Education SHARED POWERS • Raise Taxes • Build Roads • Create and impose penalties for crimes • Charter Banks • Provide for the public welfare

41. Our Changing Constitution Formal Amendments – take place through the process of constitutional amendments. [Formal Amendments involve changes in the written words of the Constitution.] Informal amendments – where changes are made without involving changes in the written word of the Constitution. 20 21 Focus 1. Why the Constitution has endured and been able to keep up with the growth of the U.S. 2. How the Constitution may be amended formally. 3. What are the 27 amendments? 22 More than 10,000 formal amendmentshave been proposed in congress since 1789. 33 have been sent to the States & 27 have been ratified. Our written Constitution has been in force longer than any other written constitution in the world. [Britain’s is unwritten] Constitutional changes come about in two ways – formal or informal amendments. Formal Amendments – [Constitutional amendments] – there are four different methods but only two have ever been used. 23

42. The President plays no formal role in the amendment process. They are not sent to him to be signed or vetoed. He does have political influence. Congress decides the method of ratification. 1. First Method – passed by 2/3 vote of both houses of congress and ratified by ¾ (38) state legislatures. [26 of the 27 amendments were adopted this way.] 2. Second Method – same as the first one except ratified by 38 State conventions called for that purpose. The 21st Amendment, repealing the 18th, was the only one done this way. 3. Third Method – 2/3 of State legislatures (34) could call a national convention. The amendment would have to be ratified by ¾ of the State legislatures. 4. Fourth Method – may be proposed by a national convention and ratified by ¾ (38) of the State conventions. Formal Amendments are proposed at the national level and ratification is a State by State matter. This reflects the federal character of our government. 24 25 26

43. Proposing Amendments 2 Ways... Formal 2/3 of states can call for a national convention for the purpose of proposing amendments 2/3 of each house of the US Congress can propose amendments

44. Ratifying Amendments 2 Ways... Formal 3/4 of the state legislatures must approve 3/4 of special state conventions must approve

45. Bill of Rights • Amendment 1. Freedom of Religion, Speech, Press, Assembly, and Petition • Amendment 2. Right to Keep Arms • Amendment 3. Quartering of Troops • Amendment 4. Search and Seizure; Warrants • Amendment 5. Rights of Accused Persons • Amendment 6. Right to a Speedy Trial • Amendment 7. Jury Trial in Civil Cases • Amendment 8. Bail, Fines, Punishments • Amendment 9. Rights Not Listed are Retained by the People • Amendment 10. Powers Not Listed are Reserved to the States

46. 20. Amendment 20. changes of dates for Presidential and Congressional terms 21. Amendment 21. Repeal of National Prohibition 22. Amendment 22. Two-Term Limit for Presidents 23. Amendment 23. Presidential Vote for District of Columbia 24. Amendment 24. Poll Tax Banned in Federal Elections 25. Amendment 25. Presidential Disability and Succession 26. Amendment 26. Voting Age Lowered to 18 Years 27. Amendment 27. Congressional Pay 11. Amendment 11. Immunity of States from certain lawsuits 12. Amendment 12. Election of President and Vice-President (changes Electoral College) 13. Amendment 13. Slavery Abolished 14. Amendment 14. Citizenship Defined Equal Protection, and Due Process 15. Amendment 15. Right to Vote with No Racial Barriers 16. Amendment 16. Income Tax Authorized 17. Amendment 17. Election of Senators by Direct Popular Vote 18. Amendment 18. National Prohibition of Intoxicating Liquors 19. Amendment 19. Right to Vote Given Nationwide to Women 28 29 • The last 17 fall into 3 categories. • They make public policy. • They correct deficiencies in gov. structure. • They promote equality. 27

47. Amendments to the United States Constitution • The Bill of Rights First 10 Amendments Scope of Federal Government Power 11th and 16th Amendments • Federal Elections and Terms 12th, 17th, 20th, 22nd, and 25th Amendments • Civil War Amendments 13th, 14th and 15th Amendments • Suffrage Amendments 15th, 19th, 23rd, 24th and 26th Amendments • Prohibition - 18th and 21st Amendments

48. Bill of Rights 30 Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS. [“Civil Liberties” or freedom of expressions are the keystone of individual freedom. a. Freedom of Religion or not to have a religion. People may worship or not worship as they please. The government cannot favor one religion over another [separation of church and State – no prayers or devotional reading from the Bible in school.] b. Freedom of speech – this freedom is restricted if it harms others. We have laws against slander [spoken] or libel [written statements] intended to damage one’s reputation. Speech that offends the moral sense [obscenity] of others or speech that endangers the safety of the nation [military secrets]may be punished. 31

49. Bill of Rights [continued] c. Freedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no prior restraint –stopping the spreading of news before they are published or broadcast. d. Right to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful. e. Right to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

50. Bill of Rights [continued] Amendment 2. Right To Keep And Bear Arms The purpose was to prevent Congress from denying States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.