Chapter 05Chapter 05

Constitutional Constitutional PrinciplesPrinciples

McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

The United States The United States ConstitutionConstitution

Establishes a “federalist” system of Establishes a “federalist” system of government (with authority divided government (with authority divided between the federal and state between the federal and state governments)governments)

Allocates power among the three Allocates power among the three federal branches of government federal branches of government (legislative, executive, and judicial)(legislative, executive, and judicial)

Establishes a system of “checks and Establishes a system of “checks and balances”balances”

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Figure 5-1: The System of Checks and Figure 5-1: The System of Checks and BalancesBalances

Legislative Branch (U.S. Congress)Legislative Branch (U.S. Congress)

On Executive BranchOn Executive Branch::

Can refuse to approve Can refuse to approve president’s budgetpresident’s budget

Can overrule Can overrule presidential vetoespresidential vetoes

Can refuse to approve Can refuse to approve presidential presidential appointeesappointees

Can refuse to ratify Can refuse to ratify treatiestreaties

Can impeach and Can impeach and remove presidentremove president

On Judicial BranchOn Judicial Branch::

Can pass amendments Can pass amendments to overrule judicial to overrule judicial rulingsrulings

Can impeach judgesCan impeach judgesEstablishes lower courts Establishes lower courts

and sets number of and sets number of judgesjudges

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Figure 5-1: The System of Checks and Figure 5-1: The System of Checks and BalancesBalances

Executive Branch (U.S. President)Executive Branch (U.S. President)

On Legislative BranchOn Legislative Branch::

Can veto laws passed by Can veto laws passed by legislative branchlegislative branch

Can call special sessions Can call special sessions of Congressof Congress

On Judicial BranchOn Judicial Branch::

Appoints federal judgesAppoints federal judges

Can pardon federal Can pardon federal offendersoffenders

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Figure 5-1: The System of Checks and Figure 5-1: The System of Checks and BalancesBalances

Judicial Branch (U.S. Federal Court Judicial Branch (U.S. Federal Court System)System)

On Legislative BranchOn Legislative Branch::

Can declare laws passed Can declare laws passed by Congress by Congress unconstitutionalunconstitutional

On Executive BranchOn Executive Branch::

Can declare acts of the Can declare acts of the Executive Branch Executive Branch unconstitutionalunconstitutional

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The Supremacy Clause (Article VI The Supremacy Clause (Article VI of the United States Constitution)of the United States Constitution) Provides that federal law is the “supreme Provides that federal law is the “supreme

law” of the United Stateslaw” of the United States Any state or local law that directly Any state or local law that directly

conflicts with federal law is voidconflicts with federal law is void

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The Commerce Clause (Article I, The Commerce Clause (Article I, Section 8 of the United States Section 8 of the United States

Constitution)Constitution) The primary source of authority for The primary source of authority for

federal regulation of businessfederal regulation of business States that the U.S. Congress has the States that the U.S. Congress has the

power to “regulate Commerce with power to “regulate Commerce with foreign Nations, and among the several foreign Nations, and among the several States…”States…”

Simultaneously empowers the federal Simultaneously empowers the federal government and restricts the power of government and restricts the power of state governmentsstate governments

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Taxing and Spending Powers of Taxing and Spending Powers of the Federal Government (Article I, the Federal Government (Article I,

Section 8 of the United States Section 8 of the United States Constitution)Constitution)

Provides the power to “lay and collect Provides the power to “lay and collect Taxes, Duties, Imports and Excises.”Taxes, Duties, Imports and Excises.”

Taxes imposed by Congress must be Taxes imposed by Congress must be uniform across the statesuniform across the states

The federal government can use tax The federal government can use tax revenues to provide essential services, revenues to provide essential services, encourage development of certain encourage development of certain industries, discourage development of industries, discourage development of other industriesother industries

Regulatory impact of tax does not affect Regulatory impact of tax does not affect its constitutionalityits constitutionality

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Other Constitutional Restrictions Other Constitutional Restrictions on Governmenton Government

Privileges and Immunities ClausePrivileges and Immunities Clause Full Faith and Credit ClauseFull Faith and Credit Clause Contract ClauseContract Clause

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The First Amendmentof Rights: The First Amendment

Protects freedom of religion, press, Protects freedom of religion, press, speech, and peaceable assemblyspeech, and peaceable assembly

Ensures that citizens have the right to ask Ensures that citizens have the right to ask the government to redress grievancesthe government to redress grievances

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Second of Rights: The Second

AmendmentAmendment Finds that in light of the need for a Finds that in light of the need for a

well-regulated militia for security, well-regulated militia for security, government cannot infringe on government cannot infringe on citizens’ right to bear armscitizens’ right to bear arms

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Third Amendmentof Rights: The Third Amendment

Provides that government cannot Provides that government cannot house soldiers in private residences house soldiers in private residences during peacetime, or during war, during peacetime, or during war, except for provisions in the lawexcept for provisions in the law

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Fourth Amendmentof Rights: The Fourth Amendment

Protects citizens from unreasonable Protects citizens from unreasonable search and seizuresearch and seizure

Ensures that government issues Ensures that government issues warrants only with “probable cause”warrants only with “probable cause”

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Fifth Amendmentof Rights: The Fifth Amendment

Ensures that government does not put citizens Ensures that government does not put citizens on trial except upon indictment by a grand on trial except upon indictment by a grand juryjury

Gives citizens the right not to testify against Gives citizens the right not to testify against themselves (privilege against self-themselves (privilege against self-incrimination)incrimination)

Prevents government from trying citizens Prevents government from trying citizens twice for the same crime (double jeopardy)twice for the same crime (double jeopardy)

Creates the right to due processCreates the right to due process Provides that government cannot take private Provides that government cannot take private

property for public use without just property for public use without just compensationcompensation

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Sixth Amendmentof Rights: The Sixth Amendment

Provides the right to a speedy public trial Provides the right to a speedy public trial with an impartial jurywith an impartial jury

Provides the right to know what criminal Provides the right to know what criminal accusations a citizen facesaccusations a citizen faces

Provides the right to have witnesses both Provides the right to have witnesses both against and for the accusedagainst and for the accused

Provides the right to an attorneyProvides the right to an attorney

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Seventh of Rights: The Seventh

AmendmentAmendment States that in common law suits where States that in common law suits where

the monetary value exceeds $20, citizens the monetary value exceeds $20, citizens have the right to a jury trialhave the right to a jury trial

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Eighth Amendmentof Rights: The Eighth Amendment

Provides that government will not set Provides that government will not set excessive bailexcessive bail

Prohibits government imposition of Prohibits government imposition of excessive finesexcessive fines

Prohibits cruel and unusual punishmentProhibits cruel and unusual punishment

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Ninth Amendmentof Rights: The Ninth Amendment

Provides that although the Bill of Rights Provides that although the Bill of Rights names certain rights, such naming does names certain rights, such naming does not remove other rights retained by not remove other rights retained by citizenscitizens

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Exhibit 5-1: Summary of the Bill Exhibit 5-1: Summary of the Bill of Rights: The Tenth Amendmentof Rights: The Tenth Amendment

Provides that powers that the U.S. Provides that powers that the U.S. Constitution does not give to the federal Constitution does not give to the federal government are reserved to the statesgovernment are reserved to the states

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The Fourteenth Amendment of the The Fourteenth Amendment of the United States Constitution (the United States Constitution (the

“Equal Protection” Clause)“Equal Protection” Clause) Prevents states from denying “the equal Prevents states from denying “the equal

protection of the laws” to any citizenprotection of the laws” to any citizen Combats discrimination, since it applies Combats discrimination, since it applies

whenever government treats certain whenever government treats certain individuals differently than other individuals differently than other “similarly-situated” individuals“similarly-situated” individuals

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Judicial Tests to Determine Judicial Tests to Determine Violations of the Fourteenth Violations of the Fourteenth

AmendmentAmendment ““Strict Scrutiny” Test: Applies to “suspect Strict Scrutiny” Test: Applies to “suspect

classifications” based on race, national origin, and/or classifications” based on race, national origin, and/or citizenship that would prevent individuals from citizenship that would prevent individuals from exercising a fundamental right (such classification exercising a fundamental right (such classification allowed only if necessary to promote a “compelling allowed only if necessary to promote a “compelling state interest”)state interest”)

““Intermediate Scrutiny” Test: Applies to Intermediate Scrutiny” Test: Applies to classifications based on gender or on the legitimacy classifications based on gender or on the legitimacy of children (such classification allowed only if it is of children (such classification allowed only if it is substantially related to an “important government substantially related to an “important government objective”)objective”)

““Rational Basis” Test: Applies to all other matters Rational Basis” Test: Applies to all other matters (such classification allowed only if it advances a (such classification allowed only if it advances a “legitimate government interest”)“legitimate government interest”)

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