The Constitution

1. The Constitution

2. Basic Facts • Declaration of Independence 1776 • Declared independence from Britain—not legally binding today • Constitution 1787 • Blueprint for the government • How the government works • What the government can and can’t do • Contract between people and the government • Bill of Rights 1791 • List of rights, that individuals have that the GOVERNMENT can’t infringe upon

3. Structure of the Government • Federal Structure • Power split among several levels • Local (city)StateNational (federal) • Constitution makes the federal government supreme • Powers of each government • Enumerated Powers—things only the federal govt can do • Reserved Powers—things only the state govts can do • Concurrent Powers—things both the state and federal govt can do • What if there is a conflict?

4. Structure of Government: The three branches • Legislative—Congress • House of Rep • Senate • Executive—President • President, all his/her staff, his/her advisors, the cabinet • Most people who work for the federal govt: military, FBI, ATF, DEA, etc • Judicial—Supreme Court • Supreme Court Justices • Also lower federal court judges • Checks and Balances

5. Legislative Branch • What does it do? Makes the Laws • Passes federal laws • Approves taxes • Approves the spending of tax money (appropriation) • Other things Congress does • Senate approves Presidential appointments (courts, cabinet positions, etc.) • Senate has to approve all treaties by a 2/3rds vote • Can impeach and remove the President and other federal officials • Who is in it? • House of Representatives: need to be at least 25 years old, 2 year term in office, elected by the people • Senate: need to be at least 30 years old, 6 year term in office, elected by the people

6. Executive Branch • What does it do? Enforces the Laws • Enforces federal laws passed by Congress • Spends money approved (appropriated) by Congress • Other Jobs of the President • Represents the US to foreign countries • Manages the US military (Commander in Chief) • Negotiates treaties with foreign countries • Appoints judges and other officials in the federal govt. • Who is in it? • President: need to be at least 35, natural born citizen, 4 year term in office, elected by electoral college • Vice President: Same as President • Most federal govt. employees (hired or appointed by the President not elected)

7. Judicial Branch • What does it do? Interprets the Laws • Puts people on trial who have been accused of breaking federal laws • Serves as the final interpreter of the Federal and State Constitutions, federal laws, and treaties • Resolves conflicts between the states • Resolves conflicts between state laws and federal laws, or between state and federal laws and the Constitution • Who is in it? • Supreme Court: 8 Justices + 1 Chief Justice, all appointed by the President, approved by the Senate, serve for life • Lower Court Judges: Appointed by the President approved by the Senate, serve for life

8. Checks and Balances • Problem: When the framers created the new Constitution they took a lot of power away from the people and the states and gave it to the federal government. Besides having elections, how do you make sure the federal government doesn’t abuse its power? • Solution: Checks and Balances • All people are power hungry and ambitious • Federal government is designed so that the three branches of government will always be fighting with one another • In order to gain power for itself one branch needs to take it from another • No one branch of the federal government will be able to get too powerful, the other two will check (limit) its power and balance it out • Pros and Cons?

9. Checks and Balances

10. Making Laws • Simple Version • CongressPresidentLaw • More Complicated Version • Idea(House or Senate) CommitteeHouse or Senate (House or Senate) Committee (in the opposite house)House or SenateConferencecommitteeHouse and SenatePresidentLaw OR • If President vetoes the bill it goes back to Congress and must pass both houses by a 2/3 supermajority • If President refuses to sign the bill it becomes a law after 10 days • Sidenote • Pocket veto—president refuses to sign the bill but Congress goes away on vacation before 10 days is up

11. Making Amendments • Congress 2/3 super-majority OR • State Constitutional Conventions 2/3 must approve THEN • ¾ of the State Legislatures OR • ¾ of the State Constitutional Conventions (voters)

12. Impeachment and Removal • If a federal official (President, VP, Judge) breaks the law (high crime or a misdemeanor) that official can be removed from office, a two step process • Step 1: Impeachment—House of Representatives majority vote—accused of wrongdoing • Step 2: Removal—Senate 2/3 supermajority—the Senate conducts the trial and determines whether that person is guilty or not, if guilty they are removed from office

13. Electing the President: The Electoral College • In order to be elected President a candidate needs a majority of the electoral votes—not the popular vote • Electoral votes • Every state gets a certain number of electoral votes • # of Senators (2)+# of Representatives (1 to 53)=electoral votes • Electors are party officials, workers, etc—very hardcore members of the Democratic or Republican party who “promise” to vote for a Democratic or Republican candidate if they are elected • So, when you vote for President technically you are voting for an elector who has “promised” to vote for a certain presidential candidate • In some states the law requires the electors to vote according to the popular vote results for that state, but some states don’t require that—an elector in those states could vote for anybody, although that is extremely unlikely

14. Electoral Votes 2012

15. Problems with the Electoral College • The electoral college gives more voting power per person to people in smaller states than to people in bigger states • Example: California 37.5 million people 55 electoral votes=1.46 electoral votes per million people • Rhode Island 1 million people 4 electoral votes=4 electoral votes per million people • Wyoming 500,000 people 3 electoral votes=6 electoral votes per million people • A person can win the electoral vote while still losing the popular vote • Wins a few big states by a large margin, but loses every other state by a narrow margin • A person can get 49% of the vote in a state and lose the election in that state 51% to 49% and yet the winner gets 100% of the electoral votes (winner take all system) not 51% of the votes • If a candidate doesn’t feel like he or she has a chance of winning an election they will avoid that state—why waste your time??

17. Other Interesting Foibles • Electoral College: you need a majority of the electoral votes to be president • Majority = what percentage • If there are two candidates this usually isn’t a problem • What if there’s a tie or no one has a majority? • House of Representatives votes in the event of a tie • 1800—a tie for President • 1824—no one had a majority

18. Electing the President: The Primary System • Before the general election for president in November each party needs to determine who its 1 candidate for president will be • What if each party had more than one candidate, why would that be bad? • In the old days party insiders would just choose the candidate—not very democratic • Beginning in the early 1900s parties began to have votes in each state to decide who the candidate would be—primary elections or primaries • Caucuses=similar to primaries but small meetings where people vote afterward instead of just voting right away • Primaries happen at different times in different states, the ones at the beginning are very important—Iowa Caucuses, New Hampshire Primary • General Election is different than the Primary Election

19. Bill of Rights • The original Constitution did not contain a Bill of Rights • What is a bill of rights? • List of freedoms that individuals have that the government cannot violate • Why no bill of rights in the original Constitution? • States had their own bills of rights • A lot of rights were already protected in the Constitution • Habeas Corpus, no ex post facto laws, freedom of speech for members of Congress, no religious tests, trial by jury • In the British governmental tradition (including the US) many rights were protected by tradition—bill of rights seemed unnecessary • Bill of Rights could be dangerous—how? • Saying that the government can’t do something limits whom?

20. Bill of Rights (Cont.) • 1st ten amendments to the Constitution • 1-speech, press, religion, assembly, petition • 2-right to bear arms • 3-no quartering of troops • 4-no search or seizures without a search warrant • 5-right to life liberty and property, no double jeopardy • 6-speedy trial, trial by jury, trial in the place where the crime occurred • 7-trial by jury for common law offenses • 8-no cruel or unusual punishment • 9-there are more rights that people have than the ones listed in the Bill of Rights • 10-powers not given to the federal govt, and not prohibited by the Const to the states are reserved by the states, or the people

21. Bill of Rights (Cont.) • Who does the Bill of Rights apply to/limit? • “Congress shall make no law concerning the establishment of religion. . . . . “ • 14th Amendment : “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without the due process of laws. . . “ • What happens if someone passes a law which violates the rights contained in the Bill of Rights? • Judicial Review • Will of the people vs. Rights of the People • Where can you go if someone infringes your rights?

22. Case Study: Griswold v. Connecticut 1964 Facts of the Case  Griswold was the Executive Director of the Planned Parenthood League of Connecticut. Both she and the Medical Director for the League gave information, instruction, and other medical advice to married couples concerning birth control. Griswold and her colleague were convicted under a Connecticut law which criminalized the provision of counseling, and other medical treatment, to married persons for purposes of preventing conception. Question  Does the Constitution protect the right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives?

23. Griswold: Verdict Conclusion  Decision: 7 votes for Griswold, 2 vote(s) againstLegal provision: Due Process Though the Constitution does not explicitly protect a general right to privacy, the various guarantees within the Bill of Rights create penumbras, or zones, that establish a right to privacy. Together, the First, Third, Fourth, and Ninth Amendments, create a new constitutional right, the right to privacy in marital relations. The Connecticut statute conflicts with the exercise of this right and is therefore null and void.

24. Problems With the Government? Who Do You Call? • Things to ask yourself • 1-is my problem caused by the GOVERNMENT or by a private citizen/privately owned company (Example: towed car) • 2-if your problem is with the government, which LEVEL of the government is your problem with? (Federal, State, Local?) • Things typically controlled by the Federal Government • Post Office, Social Security, Food Stamps, Airport Security, US Military, national parks, federal taxes • Things typically controlled by the State Government • State police, highway patrol, state parks, most major roads/highways, state run colleges/universities, DMV, state taxes • Things typically controlled by the Local Government • Town/city police, city parks, city roads, street lights, schools, garbage pickup, city/local taxes

25. Who Do You Call? • Constituent Services • What is a constituent? • Problem with the federal government • Representative • Senators • President* • Problem with state government • State Representative • State Senator • Governor • Problem with local government • City Councilman • Mayor • Don’t feel comfortable complaining to the govt.? -- ACLU

26. Hypothetical Problems • There are potholes in the street in front of your house • Nobody plows the snow in front of Lincoln, making it hard for you to get to school in the winter • A state policeman pulled you over on the highway and was really rude to you • The bathrooms at Goddard State Park are falling apart and you want them fixed • The local library doesn’t have very good hours, you want them to stay open later • The DMV takes forever to do anything • You think your federal income taxes are too high • You’re having trouble collecting your social security check • The post office by your house keeps losing your mail