THE CONSTITUTION Basic Principles of the Constitution

THE CONSTITUTION

Basic Principles of the

Constitution

Federal System Adopted

Fixed the problems with the Articles of Confederation 1. NO POWER TO TAX

ARTICLE 1, SECTION 8 Congress may collect taxes and duties

2. NO POWER OVER INTERSTATE AND FOREIGN COMMERCE

ARTICLE 1, SECTION 8 Congress has the power to regulate commerce with

foreign nations, between states, and with Native American Nations


3. STATES WERE SOVEREIGN Constitution made the supreme law Federal Union created People of the whole nation made sovereign

4. NO INDEPENDENT EXECUTIVE Article II, President chosen indirectly by the

voters President given executive power Commander in Chief Take all steps to make sure the law is followed


5. NO FEDERAL COURTS, FEDERAL LAWS ENFORCED BY THE STATE COURTS

Article III, provides separate systems to enforce federal laws and annul state laws deemed unconstitutional


6. EACH STATE POSSESSED A SINGLE VOTE, MEMBERS CHOSEN BY STATE LEGISLATURES

Members serve definite tenure House of Representatives chosen by direct vote

of the people Senate by the State Legislature*

*Now done by direct popular vote


7. AMENDMENTS ONLY ADDED BY UNANIMOUS CONSENT OF ALL THE STATES

Congress now needs approval of 3/4ths of states

8. CONGRESS ONLY HAS SPECIFICALLY DELEGATED POWERS

Constitution gives implied powers to Congress along with specific powers

Federal/State relationship

The Constitution sets the laws that every state must follow Federal laws out weigh state laws Federal Supremacy

Speed Limits

There are powers that both have Concurrent Powers

Laws not spelled out directly are given to the states Reserved Powers

State/State Relationships

States did not recognized laws across borders Marriage, business licenses Laws must be obeyed in new states

States cannot discriminate against noncitizens There are stipulations

Voting, residency, out of state taxes

New Court System

Article III created the federal court system Judicial Branch Supreme Court and lower district courts

Protecting Freedoms The Bill of Rights First Ten Amendments

THE PREAMBLE

The first section of the Constitution sets forth some important goals

THE PREAMBLE

We the People of the United States, in order to form a more perfect union, establish Justice, insure domestic tranquility, provide for a common defense, promote general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America

“Establish Justice”

New Court System Key values of the Court System

1. Everyone is equal under the law

2. Every person deserves treatment that reflects individual dignity and value

3. Everyone is presumed innocent until proven guilty

“Establish Justice”

Need to have a public that respects the laws passed

18th Amendment – Prohibition 1920 Few respected and followed the law 1933 repealed by the 21st Amendment

“Insure Domestic Tranquility”

Your rights cannot affect the rights of others

The right to peaceful assembly, freedom of speech, freedom of religion

Response to disorder Police, National Guard or the Army

Responses to Natural Disasters State and Federal Aid President declares the region a disaster area

Aid and Low interest loans

Oklahoma City Bombing

Alfred P Murrah Building

April 19, 1995

The most destructive

act of terrorism in the

United States prior

to 9/11

168 people killed Including 19

children, under the age

of 6 More than 680 injured

More than 324 buildings were damaged or destroyed within a 16 block radius

86 cars destroyed Glass blown out of 280+ buildings

More than $650 Million in damages FEMA called in

Timothy McVeigh

Military Sniper and explosive training Aspired for Special Forces

Failed Psychological Evaluation Honorable Discharge Bronze Star recipient

Waco, Texas Thought the Govt was wrong for how they handled situation

Terry Nichols

Met McVeigh on base

Didn’t like how Govt

handled Ruby Ridge

Both against gun control

The Bomb

Rented Ryder truck

Loaded with 108 bags of fertilizer (50lbs each) 3 55 gal drums of nitromethane and diesel

fuel Time delay fuse rigged into the cab Blast created a 30ft wide and 8ft deep crater

Delivering the bomb McVeigh carried with him an envelope containing pages from The

Turner Diaries—a fictional account of white supremacists who ignite a revolution by blowing up the FBI headquarters at 9:15 one morning using a truck bomb.

Wore a printed T-shirt with the motto of the Commonwealth of Virginia, Sic semper tyrannis ("Thus always to tyrants", which was shouted by John Wilkes Booth immediately after the assassination of Abraham Lincoln) and "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants" (from Thomas Jefferson)

He also carried an envelope of anti-government materials that included a bumper sticker with Samuel Adams' slogan, "When the government fears the people, there is liberty. When the people fear the government, there is tyranny."

Underneath, McVeigh had scrawled, "Maybe now, there will be liberty!" and a hand-copied quote by John Locke asserting that a man has a right to kill someone who takes away his liberty

Other Examples of Domestic Terrorism Wall St Bombing

1920 – Horse drawn carriage filled with 100lbs TNT Scars from the blast still visible – 23 Wall St

Ruby Ridge 1992 – Idaho Family conspiracy against the Govt

Waco, TX 1993 – religious sect suspected of weapons violations 51 day siege of the compound

Olympic Park Bombing 1996 Olympics in Atlanta

“Provide for the Common Defense”

Defense is split between Congress and the President Congress

Declares war Makes alliances Raises the Army and the Navy

The President Acts as Commander in Chief of the military Makes decisions that protect our national security

“Provide for Common Defense”

Originally isolationist

Truman Doctrine, Containment, the Cold War, Iraq

Money spent that could be used for other things Education, Health Care, Job/Manufacturing

subsidies, etc.

“Provide for the Common Defense”

National Defense Requires 3 components

1. National Will In order to go to war, you need an informed and

patriotic population

When population loses faith in govt or reason for war – war effort quickly loses support

Vietnam Afghanistan?

National Defense

2. Technology Research and design

Hard to negotiate spending less on the military when there is a war on terrorism?

Threat of WMD’s?

National Defense

3. Foreign Alliances Importing/Exporting resources

Oil – National Security risk? Necessary for economy to run and maintain

standard of living

Limitations of global wars No allies, no help?

Rarely popular with population

“Promoting General Welfare”

The Govt spends about a TRILLION dollars every year on public welfare Medical needs Educational needs Economic Needs

How much should the govt provide? Time to cut back?

Promoting General Welfare

Health Care for the elderly and others Pharmaceuticals?

Education – school loans/interest rates?

Working Conditions – OSHA, Workers Comp

Subsidies to farmers


Costs Social Security, Medicare/Medicaid, Welfare

More than half of every dollar collected in taxes goes to these payments

2014 Budget Safety standards / Work environment

OSHA Working hours

Overtime


Economic Assistance Welfare TANF Handicapped Unemployed Hungry Sick/injured disability

Deterrence to work? Drug Testing?

Separation of Powers

Ideas developed by Montesquieu If a single person has all of the power, it will

lead to tyranny

Power needs to be separated into three branches Executive Legislative Judicial


Branches are supposed to have equal power Changes have taken place over time 1. “Imperial Presidency”

President has too much power or too much ability to persuade

“American Emperor” FDR – Great Depression

Too much power? Nixon – Watergate

Congress restricted power Budgets and spending controls gives power


2. The “Fourth Branch” Regulatory agencies control many things

Congress may not have time for

FCC FTC Positions appointed by the President, whose

decisions are final


3. Judicial Legislation When judges make the law instead of

interpreting it

Supreme Court judges are appointed and serve for life

Never have to worry about voters

Checks and Balances p.74

EXECTUIVE BRANCH CHECKS Judiciary

Appoints judges Gives Pardons

However: President doesn’t get to rule on cases Cannot interfere with the case

Checks and Balances

Executive Checks: Legislature

President can veto a bill Exercise Political leadership

Propose a bill, Refusal to use powers Influence public opinion

However: A bill can still be passed after veto with a 2/3 vote

in both houses

Checks and Balances

Legislature checks: Judiciary

Establishes lower courts Approves appointment of judges Sets salaries Power to impeach a judge for improper conduct

However: Judges can still be appointed when Congress is

not in session Cannot lower salaries while seated

Checks and Balances

Legislature Checks Executive

Congress can set aside money for things the executive branch needs

Declares war Determines foreign aid Determines the size of the military Approves treaties Power to impeach any official – from top to

bottom

Checks and Balances

Judiciary checks

Executive: Judicial Review – courts can look at actions of

the President Declares orders unconstitutional Injunctions can forbid certain actions

Checks and Balances

Judiciary checks Legislature

Declares laws unconstitutional Takes a lot of time – works all the way up to

Supreme Court

“Living document?”

There has been debate for centuries about powers the government has even with the Constitution

Strict construction Madison and Jefferson If its not written in the document, the

government cant do it

Conservatives today

Living Document

Loose construction Allows to meet the needs of a changing

country

Liberals today

Living Document

Unwritten Constitution Political parties Primary elections Conventions None of these are in the Constitution

Presidents don’t have to work with each other as a new one comes in and the old one goes out

Customary today

Philosophy of the Constitution

Change Allowed for changes to occur in 4 different

ways

1. Amendment – 2/3 vote in both houses, then ¾ of state legislatures

The others involve special conventions called by either Congress or the States

5 Basic Rights Protected by the Constitution

1. No Bill of Attainder Police cannot collect fines at the time of arrest Could be found guilty without a trial

2. No Ex Post Facto laws Makes something a crime after the fact 3 characteristics to be Ex Post Facto

1. Must be retroactive 2. Must impose harsher penalties than existing laws 3. Must deal with a criminal matter

3. Defining Treason “betrayal of one’s country” Revolution?

3 proofs needed to be guilty of treason 1. 2 or more witnesses needed 2. Must be an act, not just speech or attending a

meeting 3. Confession must come in open court

Rights granted by the Constitution

Rights granted by the Constitution

4. Habeas Corpus – Art. 1, Sec. 9 Gives 2 choices to arresting party 1. Bring the prisoner to court 2. Release the prisoner

5. Right to a trial by jury Except in cases of impeachment, every criminal

case must be tried by a jury Defined more clearly in the Bill of Rights

Notable Amendments

13. Abolition of slavery – 1865

Formally abolished slavery

Involuntary servitude Does not apply to people when they are sent to

prison

Other Notable Amendments

14. Citizenship and Civil Rights - 1868 No state may deny to any citizen “equal

protection of the law”

Does not apply to age limits, 18 and 21 yrs old

Rights given to citizens in one category must be given to others in other categories

Quotas for acceptance to schools or jobs

Granting of Citizenship

Rights of citizenship The right to vote Many jobs are limited to only citizens Aliens are entitled to rights while in the

country, but also have to Follow our state and federal laws Pay Taxes Serve in the Armed Forces if necessary

Becoming a Citizen

Three ways to become a citizen 1. Birth to American parents

Either parent is a US citizen, automatically granted

2. Birth within the US Even by alien parents Can lead to dual citizenship while a child

3. Naturalization – Make a statement of intent Five years later make a second statement (renounce former

citizenship) Take the oath and pass the test

If there are children under 16, they automatically become citizens too


15th Amendment – 1870

Right to vote for all male citizens

Minimum requirements set by states

Age limits can still be set by states at this time

Poll taxes and literacy tests were often used

Literacy Test


18th – Prohibition 1919

Intoxicating Liquors prohibited

Congress and the States

have the CONCURRENT

power to enforce this

Repealed by the 21st Amendment

1933


19th Amendment- Women’s Suffrage 1920

Provided women with the right to vote

Emily Davison Extreme Measures


26th Amendment

Lowered the voting age to 18

1971

Documents

THE CONSTITUTION Basic Principles of the Constitution