The Constitution

The Constitution

Structure of the U.S. Constitution • Under the Articles of Confederation, the Founders learned the value of a strong central government. • Under King George III, the Founders learned to fear a government with too much power. • The Founders created a central government with limited power. • The Constitution consists of the Preamble, seven articles, and a series of amendments. • Amendment – a formal change to the Constitution • Article – one of seven main divisions of the U.S. Constitution

Structure of the U.S. Constitution • The Constitution is made up of 8 sections • Preamble – states the purpose of the Constitution • 7 Articles • Article 1 – Legislative Branch • Article 2 – Executive Branch • Article 3 – Judicial Branch • Article 4 – Relations among the States • Article 5 – Amending the Constitution • Article 6 – National debts, supremacy of national law, and oaths of office • Article 7 – Ratifying the Constitution

Principles of the U.S. Constitution The Constitution limits the power of the national government by specifying what it can and cannot do (limited government), (popular sovereignty). Federalism limits central power by dividing power among national, state, and local governments . Power is divided among the legislative, executive, and judicial branches (separation of powers). A system of checks and balances allows each branch to have some control over the other two. The Bill of Rights outlines and protects individual rights from government overreach.

The National Government To become law, the Constitution had to be ratified by nine of the thirteen states. In The Federalist Papers, James Madison, Alexander Hamilton, and John Jay argued in support of the Constitution. A key argument was that the division of power made it impossible for one person to have absolute power. The government was limited by assigning different powers to each branch and providing each with checks over the power of the others.

Legislative Branch The enumerated powers of Congress are listed in Article 1, Section 8 of the Constitution, which explains what kinds of laws Congress can make. The final clause (elastic clause) gives Congress authority to make whatever laws are “necessary and proper” to carry out its other powers. Congress has used this elastic clause in many ways.

Executive Branch The president heads the executive branch, which includes the departments that enforce the laws passed by Congress. The executive branch includes federal agencies, commissions, government corporations, and boards that carry out specific duties. The president is empowered to grant pardons, make treaties, appoint key officials, and serve as commander in chief of the military.

Judicial Branch • Article III establishes the federal court system, consisting of a Supreme Court and the lower courts. • The federal court system hears cases about the Constitution and other federal issues. • Jurisdiction – limits or territory within which authority may be exercised • The judicial branch’s power comes from judicial review, the court’s ability to interpret the Constitution and overturn laws that violate it. • This power gives the judicial branch a status equal to the other two branches of government.

American Government: Then and Now President Washington had relatively little to do, while modern presidents have full and tightly organized schedules. The first Congress members introduced fewer than 200 bills and worked part time, but today Congress members introduce about 10,000 bills each year and work almost year-round. Early Supreme Court justices heard almost no cases and traveled to district courts to hear appeals when the Supreme Court was not in session.

Relations Among the Branches The division of power among three branches requires that the branches cooperate with one another. Executive powers that require cooperation between the president and Congress serve as limits on presidential power. Checks and balances, political parties, and the different kinds of power held by each branch are sources of conflict.

Amending the Constitution The amendment process allows the Constitution to be adapted as times change. Amendments may be proposed by a two-thirds vote in the House and Senate or by two-thirds of the states asking for a convention. A proposed amendment must be ratified by three - fourths of the state legislatures or by three-fourths of the states through ratifying conventions. Congress sets a time limit within which ratification must be completed. Of the more than 11,000 proposed amendments, only 27 have been ratified.

Formal Amendment Process

Constitutional Amendments

The Bill of Rights • Through the incorporation doctrine, almost all the provisions of the national Bill of Rights have been incorporated into the states by court cases. • The First Amendment guarantees basic freedoms (speech, assembly, press, religion, protest), the Second ensures the right to security (right to bear arms), and the Third and Fourth protect the homes and privacy of citizens. • Probable cause – a reasonable basis to believe a person or premises is linked to a crime

The Bill of Rights • The Fifth, Sixth, Seventh, and Eighth Amendments protect people accused of crimes. • Eminent Domain – the power of the government to take private property for public use (government must pay fair price and it must be used for public good) • The Ninth Amendment states that rights not named are kept by the people, and the Tenth says that powers not given to the federal government belong to the states or the people.

The Later Amendments • Seven of the later amendments modify the structure of the government or the powers of the different branches. • Two amendments gave the government more power, but one of these was repealed (to revoke by legislative enactment) by a later amendment; 21st amendment repealed 18th amendment • Seven amendments extend individual rights, particularly the right to vote. • 13th amendment – abolished slavery • 14th amendment – Guaranteed citizenship • 15th amendment – Right to vote cannot be denied on the basis of color or race • 19th amendment – Women suffrage • 26th amendment – set voting age as 18

Changes to the Understanding of our Constitution • While amending the Constitution is the only way to change it, the interpretation of its meaning has changed over time. • As modern presidents have extended their power, their role in government has grown. • Federal courts interpret the Constitution, and changes in judges and in social and political conditions can affect these interpretations. • Impeach – to formally accuse a federal official • The fact that portions of the Constitution are written in language that leaves room for interpretation and adaptation has helped the Constitution survive.

Structures of State Governments State constitutions establish state governments and separate power among three branches of government. State legislatures pass laws that deal with state issues. Each state’s executive branch is headed by a governor with the power to carry out state laws. State constitutions establish courts to interpret state laws. A state constitution cannot conflict with the U.S. Constitution.

Rights and Amendments in State Constitutions Each state’s constitution includes a bill of rights containing all or most of the rights found in the U.S. Constitution’s Bill of Rights. State constitutions can be amended by ballot initiatives, amendments proposed by the legislature, constitutional conventions, or constitutional commissions. Any amendment to a state constitution that a federal court determines is in conflict with the U.S. Constitution must be removed.

Local Governments and Charters Local governments exist only if a state constitution creates them and gives them authority. State constitutions regulate the ways local governments can raise and spend money. State governments issue charters to local communities to form their own governments. Most charters establish three branches of local government and the powers and duties of each. Local charters and laws cannot conflict with the state constitution or the U.S. Constitution.

The Constitution