AP Gov Miller

By the end of this module you will be able to◦ Locate important legal clauses in the Constitution◦ Notice concrete examples of the principles of

checks and balances and separation of powers in the document

◦ Draw inferences from the structure and composition of the US Constitution

◦ Distinguish between the different types of powers detailed in the Constitution

◦ Perceive the problems that stem from differing interpretations of the Constitution

Let’s make some pie! Constitutional pie, that is

Procure a copy of the Constitution First, count the number of articles that are

present Second, count the number of sections in

each article Third, count the total number of section in

the whole document

Fourth, determine the percentage of sections of the Constitution that each article contains

Fifth, express this information in a pie chart Sixth, interpret this data and infer if there is

any connection between the relative size of each piece of “pie” and the importance of the corresponding branch of government that it represents

Please discuss your findings with the rest of the class

Congress was intended to be the driving force of the federal government, not the President

Making sure the states got along with each other was just as if not more important than establishing a federal court system

Article VI seems out of place – almost added in a secretive or hurried manner before the end of the Convention

The Constitution provides example of five types of governmental powers ◦ Delegated◦ Enumerated aka Expressed◦ Concurrent◦ Reserved◦ Prohibited

There are two others that it does not mention but still exist◦ Inherent◦ Inferred aka Implied

What does it mean to “delegate” power to someone?

What does it mean to “delegate” power to someone?

To give someone the official authority to do something

For example, party delegates are given authority to vote at National Party Conventions

In Constitutional parlance, delegated powers are a catch-all term referring to any powers given to the national government but NOT the states◦ Enumerated aka Expressed◦ Concurrent◦ Inherent◦ Inferred

Enumerated means “numbered” and thanks to the article/section system, enumerated powers are easy to find

Art I, Sec 8 for enumerated powers of Congress

Also known as expressed powers because they are clearly expressed in writing in the location mentioned above

Examples include◦ Power to coin money◦ Power to declare war◦ Power to regulate interstate commerce◦ Power to borrow/lend money

Enumerated powers that both the national AND state governments can do

Examples◦ Power to tax◦ Power to create courts◦ Power to borrow/lend money

NOT examples◦ Power to declare war◦ Power to regulate interstate commerce

Not expressed in Constitution directly but powers that are a natural extension of a national government

Examples◦ Power to host foreign leaders◦ Power to acquire territory◦ Power to secure borders

To infer is to deduce based on given information

Inferred powers are NOT expressed in Constitution but are logical extensions of them

Many inferred powers exist to support and administer enumerated powers◦ Example – power to form a national bank stems from

expressed powers to coin money, borrow/lend money, regulate interstate commerce & power to tax

Inferred powers are a hotly debated topic, both historically and in today’s political era

A result of Amendment X It states that all powers not specifically

given to the national government are reserved for the states

Collectively these powers are called “police powers” and examples include◦ Welfare◦ Health care◦ Education◦ Law enforcement◦ Intrastate powers

Powers that are denied to either the states or the national government

Listed right after enumerated powers in Article I, Secs 9 & 10

Madison thought that these powers would be enough to protect civil liberties & rights but he was forced to add the Bill of Rights anyway◦ Writ of habeas corpus – defendant must be present for

his/her own trial◦ No bill of attainder – no laws can be formed that target

individuals for harm◦ No ex post facto laws – no one can be punished

retroactively for not obeying a new law

Highlights◦ Description of bicameral legislature structure◦ Membership rules for House and Senate◦ Unique abilities of the House and Senate◦ Rules for impeachment proceedings◦ Checks against the President, Courts◦ Enumerated powers ◦ Prohibited powers ◦ Elastic Clause aka “Necessary and proper” Clause

and Commerce Clause in Art. I, Sec 8

Highlights◦ Qualifications and eligibility◦ Primary powers◦ Role of the Cabinet◦ Checks against Congress, courts

Highlights◦ Mention of Supreme Court◦ Connections to Congress and President

Highlights◦ Full Faith and Credit Clause – states must honor

each other’s licenses and contracts when citizens travel

◦ Privileges and immunities – citizens of other states are not to be discriminated against

◦ Interstate compacts – formal legal or business contracts between states

◦ Extradition – fugitives from one state caught in another will be sent to home state to face trial

Highlights◦ One way to propose and ratify amendment

involves proposal approved by whole Congress and then passed along to state conventions

◦ Another way is the reverse – states form conventions to propose amendment and then ratified by Congress

Highlights◦ Law of federal government is supreme whenever

state law and federal law contradict each other◦ Just as controversial as the Elastic Clause

US Constitution is manifestation of separation of powers and its derivative checks and balances◦ Separation of powers originally published by de

Montesquieu and elaborated upon by Madison◦ Checks and balances is the mechanics of

separation of powers – the working principles Main concept is to avoid concentrating too

much power in any one branch of government AND to force each branch to cooperate to achieve an objective (pluralism)

Examples◦ Congress declares war but President in

Commander-in-Chief◦ Supreme Court highest court in the land but

President appoints SC justices and Congress confirms those appointments

◦ President can propose bills but only Congress can write them and pass them – then only the President can sign them and turn them into laws

As a result, our national government is ◦ Complex◦ Agonizingly slow at times◦ Contentious◦ Frustrating

But that was the point – a national government like this cannot seize power and dominate the states

Amendment X and the prohibited powers seem to shackle this new government

But three clauses in particular threaten to overwhelm and defeat these restrictions◦ Elastic◦ Supremacy◦ Commerce

Two camps developed based on the interpretations of these clauses and the whole Constitution itself

Aka Broad Construction Adherents to this concept believe that

Constitution is written to be a fully adaptable document

Each generation is to re-interpret it and adjust powers as they see fit

This process of adaptation will ensure the Constitution’s future legitimacy

Tended to be a Federalist concept back then and a Democratic concept today

Opposite of loose construction Constitution was meant to be interpreted

literally and inferences or adaptations are tantamount to sacrilege

Interpretation will taint the document and skew its meaning hence, the Constitution will lose legitimacy

Anti-federalist belief in the past and a Republican belief today