United States Constitution 101

1. Constitution 101: An Introduction & Overview to the US Constitution United States Constitution 101 This PPT can be used alone or in conjunction with the Consortium’s Goal 1 & 2 lessons, available in the Database of Civic Resources at www.civics.org.

2. designing a political system Suppose you had a chance to design a political system. What sort would you design? First, you would need to decide what you value in a political system. Look at the pairs of statements below, and mark one of each pair of attributes that you would value most in your political institutions. Circle A or B to indicate your choice. Which would you rather have? 1. A. A political system with the most political democracy possible; that is, one that translates popular wants into laws and policies as efficiently as possible B. A political system that gives elected officials considerable latitude to do what they want or feel is best, without having to worry too much about public opinion 2. A. A political system that can quickly make major policy changes B. A political system where major changes in policy are very hard to implement and happen only rarely

3. 3. A. A political system that allows minorities to block governmental actions that they feel are unfair or unjust to them B. A political system in which the majority prevails, even in the face of minority opposition 4. A. A political system that seeks to make its citizens virtuous and good B. A political system that leaves citizens alone to live as they wish 5. A. A political system with power centralized in one place, to allow coherent and consistent policy across an entire nation B. A political system with power decentralized, to represent the needs and wants of various localities 6. A. A political system that assumes that people are generally self-serving and attempts to make the best of that fact B. A political system that seeks to make its citizens unselfish and concerned with the common good

4. Did you make the “right” choice? 1. B—representation, separation of powers, checks and balances, federalism 2. B—separation of powers, checks and balances, federalism, judicial review 3. A—Bill of Rights, judicial review, separation of powers, minority rights 4. B—Bill of Rights, religious freedom 5. B—federalism 6. A—separation of powers, checks and balances, Madison’s factions

5. How are your values different than those who wrote the Constitution?

6. What is the US Constitution? • The supreme law of the United States. • It is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States. • It provides the framework for the organization of the United States Government.

7. What are the basic principals of the Constitution? • Popular Sovereignty • Government power resides in the people • Limited government • Government is not all powerful, can only do what the people let it. • Separation of Powers • Helps prevent one branch from becoming too powerful • Checks and Balances • Federalism • Division of power among national and state governments

8. What are the Checks and Balances?

9. Conflict and Compromise: The Constitutional Convention • https://www.youtube.com/watch?v=fbf23u6g1k8

10. Checks and Balances practice • Wait for instructions!!

11. Separation of Powers. Write the letter of each power in the space where it belongs on the diagram. Overlapping parts of the diagram are where shared powers go.

13. How is separation of powers achieved? • In the source of power for each branch: • Each branch derives its authority directly from the Constitution NOT from one of the other branches. • In the selection of officials: • Top officials in each branch selected by different methods. • In how officials hold office. • Officials hold office in only one branch at a time and for different lengths of time.

15. Who Wrote It? • James Madison is considered “the father of the Constitution.” • His important contributions: • The Virginia Plan • Separation of Powers • Bill of Rights

16. Why was it written? • After the Revolutionary War, the Articles of Confederationset up the structure of the US Government. • The federal government was extremely weak and this created many problems such as: • No separation of powers – only unicameral legislature. • Weak central government – states had most power. • Congress did not have the power to tax – this means they could not get their finances in order.

17. Why was it written? • More problems with the Articles of Confederation: • In order to change the Articles, all thirteen states had to approve of the changes. This made it essentially impossible to make any changes. • For any major laws to pass they had to be approved by 9 or the 13 states which was difficult. • Congress did not have the power to regulate commerce which caused competition between states. It also caused diplomatic issues when states refused to pay for goods their received from other nations.

18. Why was it written? • Shays’ Rebellion: • An uprising of farmers in Massachusetts – led by Daniel Shays. • Helped convince leaders that a strong central government was needed. "A scene at Springfield, during Shay's Rebellion, when the mob attempted to prevent the holding of the Courts of Justice."—E. Benjamin Andrews, 1895

19. When was it written? • May 25th to September 17th, 1787 • Philadelphia • Intention was to revise Articles of Confederation • Ended up replacing the Articles and creating a new government • Called the “Constitutional Convention.”

20. What were the important outcomes of the Constitutional Convention • Virginia Plan: • Separation of powers • Bicameral legislature based on population • Federal government had increased powers • New Jersey Plan: • Unicameral legislature where every state received equal representation. • Great Compromise: • Hybrid of VA and NJ Plans: • Bicameral legislature: • House of Reps based on population • Senate based upon equal representation • Three-Fifth’s Clause: • Slaves count as 3/5’s of a person for representation purposes & taxes.

21. Warm up- Bill of Rights Directions: Write in the space provided which Amendment to the Constitution gives you those rights and liberties. ________1. No unreasonable searches; must have a search warrant. ________2. Do not have to testify against yourself in a trial. ________3. Can have a lawyer to defend you. ________4. Cannot be put on trial for the same crime twice. ________5. No excessive bail or fines. ________6. Freedom of speech. ________7. You must be told what the charges are against you. ________8. No cruel and unusual punishment can be used. ________9. You can have a witness in your favor at a trial. _______10. Freedom of assembly. _______11. You are guaranteed equal protection under the law. _______12. Freedom of religion. _______13. Right to bear arms. _______14. Right to due process. _______15. Can confront witnesses against you. _______16. Can have a public trial with an impartial jury. _______17. Freedom of the press. _______18. Do not have to house a soldier in your home. _______19. Right to a speedy trial. _______20. Your private property cannot be taken without compensation.

22. Hmm… • Explain two provisions in the Bill of Rights that protect individuals who want to participate in politics.

23. Ratification Debate • Needed 9 of 13 states to ratify or official approve of the Constitution before it went into effect. • A huge debate emerged between two sides: • Federalists • Anti-Federalists

24. Federalists v. Anti-Federalists • Federalists: • Supported the Constitution and a strong central government • Alexander Hamilton, James Madison, John Jay • Federalist Papers – series of articles written in defense of the Constitution • Anti-Federalists: • Supported a weaker central government – felt too much power was taken away from the states • Opposed the Constitution • Wanted a Bill of Rights included • Samuel Adams, Patrick Henry

25. Federalist 10 • What, according to Madison, is the principal cause of faction in society, and do you feel that his view accurately reflected his own times? What about the present? • How does Madison propose to deal with the problem of faction? Can faction be eliminated? How is it to be controlled? • What other constitutional devices, besides those mentioned by Madison, tend to prevent the control of government by a faction? • What are the implications of Madison's theory for political parties and interest groups within our political system?

26. Review 1. In Federalist 10, Madison suggests that faction may be controlled by: a) a republican form of government. b) a powerful Supreme Court. c) a strong presidency . d) a national legislature. 2.Federalist 10 suggests that the framers of the Constitution were: a) in favor of strong political parties. b) suspicious of parties. c) in support of parties as a necessary condition of democratic government. d) oblivious to parties.

27. Federalist 10 • Has the role of majority rule continued to change in our government since its writing? How? • Which amendments expanded those who can vote, thereby expanding democracy in our country?

28. Federalist 47 • Madison points out in Federalist 47 that the powers of the three branches of government are distributed and blended together in certain ways. At the same time, he notes that “the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” How does Madison justify the intermixture of powers with his theory of the separation of powers?

29. Federalist 48 • What is Madison's view of the inherent power potentials of the legislative, executive, and judicial branches of government? • To what does Madison attribute the potential power of these branches of government?

30. Federalist 51 • What does Madison mean when he says (Federalist 51), “The great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department, the necessary constitutional means, and personal motives, to resist encroachments of the others”? • How did Madison's view of human nature affect his theory of government?

31. Review 1. A central premise of James Madison in numbers 47, 48, and 51 of The Federalist is that: a) weak government is the best government. b) the combination of legislative, executive, and judicial power is the very definition of tyranny. c) men are not angels and therefore those who exercise political power must be limited. d) b and c

32. Quickwrite • The entire thrust of Madison's argument in Federalist 47, 48, and 51 seems to be in the direction of controlling and even weakening the exercise of governmental power. This is a negative view of the role of government. The main question The Federalist raises seems to be how to prevent the arbitrary exercise of political power, rather than how to guarantee effective political leadership. Do you accept Madison's goal as the primary one in establishing a governmental system? Is the Constitution really as negative as Madison implies?

33. Essay assignment Directions: Cite relevant historical evidence in support of your generalizations and present your arguments clearly and logically. 1. Analyze the reasons for the Anti-Federalists’ opposition to ratifying the Constitution.

34. Federalist vs. Anti-Federalist. Decide whether each statement describes Federalists, Anti-Federalists, or both. Write the letter in the correct area of a Venn Diagram

35. Ratification • Officially adopted after ratified by New Hampshire. • Once the new government convened, they added a Bill of Rights to the Constitution.

36. Structure of the Constitution • Preamble: • Statement of purpose • Articles: • I: Legislative Branch • II: Executive Branch • III: Judicial Branch • IV: Relations Among the States • V: Amendment Process • VI: Federal Power • VII: Ratification • Amendments: • 27 Total • 1st ten are the Bill of Rights

37. Key terms • Enumerated (express) powers- those listed in the Constitution. (Article I Section 8) • Over 30 total. Major ones include: right to regulate commerce, declare war, levy taxes, establish immigration and bankruptcy laws. • Implied powers- powers not specifically mentioned in the Constitution, but can be inferred. • McCulloch v. Maryland (1819)-necessary and proper clause • Ex. The Constitution does not expressly mention the right to privacy, or the right of people to adopt, or seek an abortion, however, these rights can be inferred.

38. Major clauses/doctrines of the Constitution • Supremacy clause- Article VI Section 2 • Necessary and proper (elastic) clause-Article I Section 8 • Free exercise clause- 1st amendment • Establishment clause- prohibits state church- 1st amendment. • “wall of separation” b/t church and state doctrine- 1st amendment • Commerce clause- Congress can regulate interstate and foreign commerce. (Article I Section 8) • Full faith and credit clause- all states have to follow the records made in other states

39. Supremacy clause examples Example 1: State A has enacted a law that says "no citizen may sell blue soda pop anywhere in the state".9516225 The federal government, however, has established the "Anti-Blue Sales Discrimination Act", prohibiting actions that discriminate against the color of goods sold. A local food and beverage vendor who sells blue soda pop in vending machines is charged with violating the state law. She may challenge the state law on the basis that it is preempted by federal law, and therefore violates the Supremacy Clause of the U.S. Constitution. Example 2: The United States passes a law promising to preserve and to protect Indian tribes. State B wants to tax Indian tribes located within its state. Under the Supremacy Clause of the U.S., State B may not tax a federally recognized Indian tribe since doing so would violate the tribe's political interest in which the U.S. has promised to protect.

40. What about marijuana legislation? Although the U.S. Supreme Court has established Congress’s constitutional authority to enact the existing federal prohibition on marijuana, principles of federalism prevent the federal government from mandating that the states actively support or participate in enforcing the federal law. While state resources may be helpful in combating the illegal use of marijuana, Congress’s ability to compel the states to enact similar criminal prohibitions, to repeal medical marijuana exemptions, or to direct state police officers to enforce the federal law remains limited by the Tenth Amendment. Even if the federal government is prohibited from mandating that the states adopt laws supportive of federal policy, the constitutional doctrine of preemption generally prevents states from enacting laws that are inconsistent with federal law. Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void. Courts, however, have not viewed the relationship between state and federal marijuana laws in such a manner, nor did Congress intend that the CSA displace all state laws associated with controlled substances. Instead, the relationship between the federal ban on marijuana and state medical marijuana exemptions must be considered in the context of two distinct sovereigns, each enacting separate and independent criminal regimes with separate and independent enforcement mechanisms, in which certain conduct may be prohibited under one sovereign and not the other. Although state and federal marijuana laws may be “logically inconsistent,” a decision not to criminalize—or even to expressly decriminalize—conduct for purposes of the law within one sphere does nothing to alter the legality of that same conduct in the other sphere. Source: https://www.fas.org/sgp/crs/misc/R42398.pdf

41. Article I: Legislative Branch • Bicameral: • Senate • 2 Senators for each state • House of Representatives • Based on population • Reps serve for 2 year terms • Senators serve for 6 year terms • Important Powers: • Make laws • Set taxes • Declare war • Override Vetoes • Borrow money • Regulate international and national trade • Print money

42. Article I: Legislative Branch Powers of the House • Initiate revenue bills (power of the purse) • Choose President when electoral college is deadlocked • Impeachment Why? • Closer to the people • More responsive Powers of the Senate • Treaty ratification • Confirmation of Judicial appointments • Try impeachments/ conviction/ removal from office Why? • More insulated from public • Longer terms

43. Article II: Executive Branch • President and Vice President are elected to 4 year terms • Qualifications: • At least 35 years old • 14 year resident of the US • Natural born citizen • Elected by the Electoral College • Important powers: • Commander-in-Chief • Grant pardons • Make treaties • Appoint federal officers • Ensure laws are executed

44. Article III: Judicial Branch • Supreme Court judges serve for life unless impeached. • Judicial power rests with US Supreme Court and other courts created by Congress • Important Powers: • Decides cases of Constitutional law and federal law • Cases involving ambassadors go straight to Supreme Court • Judicial Review comes later (1803 – Marbury v. Madison)

45. Other Important Articles: • Article V: Amendments: • Amendments are proposed when 2/3 of House and Senate deem it necessary • Amendments are proposed when 2/3 of states deem it necessary • Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of states • Article VI: Federal Power • Supremacy Clause: Federal law is supreme to state law • No religious tests for public office

46. Important Amendments:Bill of Rights • Freedom of religion, of speech, of the press, to assemble, and to petition • Right to bear arms • No quartering of soldiers • No unreasonable search and seizure • Indictments; Due process; Self-incrimination; Double jeopardy, and rules for Eminent Domain. • Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel • Right to trial by jury in civil cases • No excessive bail & fines or cruel & unusual punishment • There are other rights not written in the Constitution • All rights not given to Federal Government belong to states and people.

47. Other Important Amendments:Reconstruction Amendments • 13th Amendment • abolished slavery • 14th Amendment • Due process and equal protection under the law • All persons born in US are citizens • 15th Amendment • Right to vote regardless of race, color, or previous servitude

48. Other Important Amendments: • 18th Amendment • Prohibition of alcohol • 19th Amendment: • Women’s suffrage • 21st Amendment: • Repeals prohibition • 22nd Amendment: • Presidential term limits • 24th Amendment: • Prohibits poll taxes for voting • 26th Amendment: • lowers voting age to 18

49. 1. The framers of the United States Constitution created a legislative system that is bicameral. However, it is not just bicameral; the framers also established two houses of distinctly different character and authority. a. Discuss two reasons why the framers created a bicameral legislature. b. Identify one power unique to the House of Representatives and explain why the framers gave the House that power. c. Identify one power unique to the Senate and explain why the framers gavethe Senate that power.

50. Why is the Constitution a living document? Madison said, “ambition must be made to counteract ambition.” Is the Constitution an idealistic document? Or does it make a rather “hard-boiled” appraisal of people and try to check human weakness with human weakness? Is the Constitution great because it is majestic and unshakable-a kind of Ten Commandments good for all places and times? Or is it great because it is vague and flexible-a work of art that may mean different things to different times? With a partner: Find three historical examples of major government actions that show the system of checks and balances at work. Event ………… …..causing President XXX did this… resulting in Congress taking action by …….