U.S. Government Chapter 3: The Constitution. Section 1: Structure and Principles Simple and Brief – Vague: It left many of the details to be decided as

U.S. GovernmentChapter 3: The Constitution

Section 1: Structure and Principles

• Simple and Brief– Vague: It left many of the details to be decided

as the need arose


• Three Parts:– The Preamble

• Introduction and Explanation for the Constitution– The Seven Articles

• Each Article covers a general topic• Articles I,II, and II establish the three branches of

government• Article III, Section 2: Jurisdiction• Article VI: The Supremacy Clause

– The Amendments• 27 Amendments


The Constitution is based on Six major principles

1. Popular Sovereignty– Rule by the people – all authority is at the consent of the governed

2. Federalism– Power divided between national (federal) government and state

governments– This was a result of the failure of the Articles of Confederation and the

remaining fear of giving up too much power to the federal government.

3. Separation of Powers– Each branch has its own powers, preventing any one branch from

becoming too powerful



4. Checks and Balances– Each branch has some control over the others– Congress passes laws, but President can Veto

• Congress can still override by 2/3s vote– Congress passes laws, but Courts can say law violates

constitution– The President chooses who is on Courts, but Senate

must approve those appointments



5. Judicial Review– Gives the courts the power to void a law that is determined to

be unconstitutional .– Supreme Court has final authority to do this. – Not explicitly stated in Constitution but firmly established by

the Supreme Court case, Marbury v. Madison, 1803.

6. Limited Government– Limits the power of government by specifically listing what

powers the government has– Protects people from abuses of power

Section 2: Three Branches of Government

• Article 1– Establishes a Bicameral Legislative Branch

• The House of Representatives is the voice of the people, elected by popular vote

• The Senate speaks for states as a whole and Senators are chosen by state legislatures

– The founders believed the Legislative Branch should be the most important

– They feared it could be too powerful, such as Parliament was in the UK

– To combat this, they limited Congress to only expressed powers.


• The Enumerated Powers– Congress was limited to 18 powers in Article 1,

Section 81. Levy Taxes2. Borrow Money3. Regulate Commerce4. Coin Money5. Punish Counterfeiting6. Punish Pirates7. Declare War8. Raise and Support and army9. Raise and Support a Navy10. Call Forth a Militia11. Organize a Militia

12.Naturalize Citizens13.Bankruptcy Law14.Establish Post Offices15.Secure Patents and Copyrights16. Establish Courts17.Govern the District of Columbia18.Do what is necessary and proper to carry

out expressed powers


• The Elastic Clause– This is the Necessary and Proper Clause

To make all Laws which shall be necessary and proper for carrying into Execution the

foregoing Powers, and all other Powers vested by this Constitution in the

Government of the United States, or in any Department or Officer thereof.


• The Elastic Clause– This is the Necessary and Proper Clause– How broadly this could be interpreted was

decided in the Supreme Court case McCulloch v. Maryland, 1819.


• The Original Congress met in Federal Hall in NYC.

• The First Speaker or the house was Fredrick A. Muhlenberg.

• He established rules a procedures.• Congress counted the electoral votes that

named George Washington and John Adams the first President and Vice President.


• In the first Congress, the Senate only introduced 24 bills and the House introduced 143

• The most recent completed Congress (113th) introduced 10,637.

• Being a Congressman wasn’t considered a full time job until the mid-20th Century.


•The Executive Branch• It is defined in Article II, not I, indicating its relative importance

to the Founders• It has grown in importance tremendously since 1789. • President is the head of the Executive Branch• He is tasked with carrying out the acts of Congress• Founder did not trust the people to directly elect the President.

They feared they would elect someone who would try to redistribute the wealth. • Powers are very vague, giving the president “executive power”,

which has been broadly interpreted.


•The Executive Branch• Specific Powers

• Commander and Chief of the Armed Forces and state militias.• Appoints (with Senate approval) heads of executive departments

(Secretary of State, Secretary of War, Secretary of Treasury, etc.)• May pardon people who commit felonies• Make treaties with the advice and consent of the Senate• Deliver an annual State of the Union address to Congress• Call Congress into special session• Meet with Heads of State , ambassadors, and other foreign

officials• commission all military officers of the United States• Ensures laws passed by Congress are “faithfully executed”


•The Executive Branch• The role of the president changes with the personality and

priorities of each person to hold the office. • The Founders were mostly certain George Washington would be

the first POTUS when they were drafting the Constitution. • George Washington did not necessarily want to the be

president. • He was very careful in his actions, knowing that they would set a

precedent for the role of president. • He refused to appoint friends and family above others and

retired after two terms.


•The Executive Branch• This role has changed greatly in the last 200+ years. • George Washington had a lot of free time. Now the

President’s schedule is timed by the minute.• All of John Adam’s paperwork fit in seven boxes. Now each

president fills a library with their documents. • Today the Whitehouse has a staff of hundreds and military

has millions• The executive offices (the Federal Bureaucracy) is huge,

managing the operation of the government with 2.7 million.


•The Judicial Branch.• Established in Article III• Supreme Court is the head court• Congress has the power to establish all lower courts• There are 2 court systems:

• The Federal Courts operate nationally and get power from the Constitution

• The State courts operate in each state and get their power from individual state constitutions

• Each court can only hear certain kinds of cases. The kind of cases they can hear are called their jurisprudence

• Federal Courts hear cases involving federal laws, treaties with foreign government, interpretation of the Constitution, the law on international waters, and bankruptcy.


•The Judicial Branch.• Originally held to be least important. • Designers of D.C. forgot to include a Supreme Court building,

forcing them to originally meet in a small room in the Capitol. It didn’t have its own building until 1935.• The founders did not fear its power, allowing Justices to

serve for life. • Justices had to go hear appeals in other districts. • The first Supreme Court Chief Justice was John Jay, who

resigned because of how difficult it was to travel all over the country.


•The Judicial Branch.• The Supreme Court’s powers have developed over time,

mainly through court cases creating legal precedent. • Marbury v. Madison, 1803 – Judicial review


Shared Power and Conflict• Congress vs. President•The Power of the Executive has expanded greatly without changing the Constitution, leading to a lot of conflict between the two branches. •During the Great Depression, the courts said Congress gave too much power to the President, forcing them to take some of their power back. (Schechter Poultry Corp. v United States, 1935)•The two party system has made it difficult to operate when there is split control. If President is one party and Congress is another, it can cause major conflict and deadlock.


Shared Power and Conflict• Congress vs. Courts•Congress can create all courts below the Supreme Court. •Congress can limit the jurisdiction of the Supreme Court, but has not done this much.


Shared Power and Conflict• Courts vs. President

•Some court decisions need the president to enforce them. •If the president disagrees, he can refuse to enforce the decision. •Andrew Jackson refused to use the military to prevent Georgia from taking Cherokee lands in Worcester v Georgia, 1832. •“John Marshall has been his decision, now let him enforce it.” – Andrew Jackson•FDR was angry the Supreme Court struck down the NRA and other New Deal programs, so he tried (but failed) to change the number of Justices .

Section 3: Amending the Constitution

• In 1787, the U.S.A. had 4 million citizens across 13 states.

• Now it has 320 million citizens across 50 states.

• This massively changed country is still operated under the same document, the Constitution.

• It has maintained its relevance through several methods of formal and informal amendments.


• The Amendment Process– Proposing an Amendment:• 2/3 vote of House of Representative and Senate• 2/3 of the states can request a Constitutional

Convention. This is called a petition.– This has never happened, but got close in 1967 with 33 of the

needed 34 states.– Between 1975 and 1991 with 32 states signed a petition to

pass a balanced budget amendment. • The convention method is unwieldy, because once it is

called, amendments doing anything could pass.


• The Amendment Process– Ratifying an Amendment

• ¾ of State Legislatures can ratify for it to be amended• States can also call a ratifying convention, instead of allowing

the legislature to decide. • States can change their minds, changing a yes to a no or a no

to a yes. • The convention method only happened once (21st

amendment). • This allows a more direct vote from the public. • Congress sets the rules on how the states will vote on

ratification and how long they have to ratify (7 years recently).


• Changes through law– Congress can pass laws to make changes in area

where the Constitution is not specific. – Congress has created the entire tax system and

executive departments to expand the role and scope of the government.

– Congress created most of the court system, even dictating how they operate and who works in them.


• Changes through Practices– Congress can define high crimes and

misdemeanors how ever they choose. – 3 presidents have been investigates for

impeachment (Andrew Johnson, Richard Nixon, Bill Clinton)


• Presidential Changes– The Constitution says the VP takes over for the

President if he dies, but does not specify if he will become President.

– The first VP to take over was John Tyler when William Henry Harrison Died

– This became the practice, but did not become official until the 25 amendment was passed in 1967.


• Presidential Changes– The use of executive agreements prevents the

need for Senate to weigh in on treaties. – Presidents have begun asking Congress to pass

specific legislations, pushing their own agenda through Congress.


• Court Decisions– Judicial Review• Judicial Restraint: Court should avoid making social and

political decisions unless an act of Congress explicitly violates the Constitution. • Judicial Activism: Court should shape national policy

through their decisions. • Chief Justice Earl Warren’s court is an example of an

activist court, making many decisions about Civil Rights.


• Court Decisions– Judicial Review– Changing Rulings• The Court can change its mind• Plessy v Ferguson, 1896 and Brown v. Board of

Education, 1954


• Customs and Usage– Changes occur by naturally evolving, without any

laws being passed or changes made. – There is no mention of the political parties in the

Constitution, but they shape American government.

Section 4: The Amendments

• The Bill of Rights– Added in 1791, the first 10 amendments are called

the Bill of Rights. – These originally only applied to the national

government.

Documents

U.S. Government Chapter 3: The Constitution. Section 1: Structure and Principles Simple and Brief – Vague: It left many of the details to be decided as