US Constitution and Govt
American Studies
Dr. Weiselberg
Ben Franklin's Rattlesnake sketch, 1754
(for Albany Plan of Union, based on Iroquois League)
Declaration of Independence, July 4, 1776
Thomas Jefferson
Purpose:
Three Parts
Theory of government
List of grievances against the king
Declaration of independence
Key ideas of government
Natural rights, “Life, liberty and the pursuit of happiness”
Govt's power “from the consent of the governed”
Purpose of govt: to protect people's rights
“Right of the people to alter or to abolish” a govt that does not protect
people's rights
The Articles of Confederation, 1781-1789
Fear of a strong central govt.
Alliance of independent states
Powers: treaties, declare war, receive ambassadors
Achievements: successful conclusion of American Revolution, est. of boundary at Miss. Riv.,
Land Ordinance of 1785 - plan for surveying western lands
Northwest Ordinance of 1787
set pattern for new states entering union
prohibited slavery in NW Territory
Weaknesses:
No single national currency
No direct tax; had to ask states
No executive to direct operations
No national courts
Congress can not regulate trade
Nine of 13 states approval before a law goes into effect
Not easy to change - required all 13 states to agree
End result: States have most of the power
Key Compromises at the Constitutional Convention
Connecticut, or Great Compromise - representation in Congress
Virginia Plan - bicameral legislature, population (large states support)
New Jersey Plan - unicameral legislature, equal representation (small
states)
Congress, a bicameral legislature
Senate
House of Representatives
All money bills start in the House, but need approval of the Senate
Three-Fifths
Counting slaves within population to determine representation
Commerce and Slave Trade - granting Congress power to regulate foreign
and interstate trade
No export duties to be passed by Congress
Congress could not prohibit slave trade for 20 years
The Great Debate (Federalists vs. Anti-Federalists)
Federalists
Alexander Hamilton, John Jay, James Madison, The Federalist Papers
Anti-Federalists
Bill of Rights
Basic Principles of the U.S. Constitution
Popular sovereignty
Limited Government
Separation of Powers: Legislative, Executive, Judicial
Checks and Balances
Flexibility
Elastic Clause, Article I, Section 8, Clause 18: “necessary and proper”
Amendments, Article V
Judicial Interpretation
Federalism
Federalism (Division of Powers between State and National govts)
Delegated/Expressed Powers: Article I, Section 8
Implied Powers: Elastic Clause
Concurrent Powers:
Reserved Powers: Amendment X
Austin Powers: International Man of Mystery
The Preamble, "We the People"
Six purposes of the Constitution
1.
2.
3.
4.
5.
6.
Article I: The Legislative Branch
Purpose:
Congress
Senate
House of Representatives
How a bill becomes a law
Committee System
Lobbying
Powers of Congress, Article I, Section 8:
Article II: The Executive Branch
Purpose:
President
Roles of the president:
Chief Executive
Appoint judges, diplomats and other officials
Enforce or put laws into effect
Chief Diplomat - Make treaties, extend/withdraw diplomatic recognition to
a nation
Commander-in-chief of the Armed Forces
Chief Legislator - Recommend legislation to Congress, veto potential laws
Chief of State - Ceremonial head of govt, symbol of the people/nation
Judicial Powers - Grant reprieves, pardons, amnesties
Head of the Party
Cabinet
Executive Departments: state, treasury, defense, justice, interior,
agriculture, commerce, labor, health and human services, housing and
urban development, transportation, energy, education, veterans affairs
Independent Agencies: CIA, FCC, FDIC, FTC, NASA, NLRB, NRC, SSA,
US Postal Service, SEC, EPA, EEOC, NTSB
Office of Homeland Security
Ex. - Four Federal Land Management Agencies
United States Forest Service (US Department of Agriculture)
National Park Service (US Dept. of the Interior)
Bureau of Land Management (US Dept. of the Interior)
US Fish and Wildlife Service (US Dept. of the Interior)
Ex. - state: New York State Department of Environmental Conservation
Electoral college
“winner-take-all”
Can a candidate win the popular vote, but lose the election? 1824, 1876,
1888, 2000.
Origins of the Electoral College, Alexander Hamilton
Term limits:
George Washington's two-term precedent
FDR's 4 terms
Amendment 22
Impeachment of officials
For:
Procedure:
Presidents impeached:
Article III: The Judicial Branch
Purpose:
Supreme Court
Lower federal courts
Jurisdiction of federal courts (as opposed to state courts):
Federal laws, treaties, maritime law, interpretation of the Constitution
States suing other states, foreign govts.
Original Jurisdiction
Appellate Jurisdiction
Appeal
Judicial Review
Marbury v. Madison, 1803
Chief Justice John Marshall
Five Factors Influencing Supreme Court Decisions
Existing Laws and Legal Precedents
Personal Legal Views of the Justices
Justices Interactions with Each Other
Public Opinion
Congress and the President
Civil Case
Plaintiff v. defendant
Preponderance of the evidence
Fine
Criminal Case
Prosecutor v. defendant
Beyond a reasonable doubt
Fine, imprisonment
Issue statement: Whether [defendant] violated [plaintiff's] right to [right] under
[relevant law].
Representative Cases:
Marbury v. Madison, 1803
Gibbons v. Ogden, 1824
Dred Scott v. Sandford, 1857
Schenck v. United States, 1919
Brown v. Board of Education, 1954
Miranda v. Arizona, 1966
O. J. Simpson
The Bill of Rights, 1791
Amendments 1-10:
1: 6:
2: 7:
3: 8:
4: 9:
5: 10:
Amendment 14:
Due process
Equal protection
The Unwritten Constitution
