Download The Principles of the United States Constitution

The Principles of the
United States Constitution
Mr. Cummings
Background to 1787 Convention
• Articles of Confederation creates a
toothless, ineffective national gov’t
– High debt, no power to tax or raise army
• Hamilton & Madison press for convention to
repair “embarrassments which characterize
the present state of our national affairs”
• Washington agrees to preside only after
Shays’s Rebellion
– Henry Knox’s letter scares states out of their
complacency
Philadelphia Convention ‘87
• Created between May 25 – Sept. 17, 1787
• Intense debate between men w/radically
different viewpoints – lawyers, farmers,
scientists, plantation owners
• Issues: How to grant national Sovereignty
AND respect State’s Rights; SLAVERY
• Delegates signed secrecy oath
– Jefferson, Adams did not attend (out of country)
• Had no plan but knew what they didn’t want
• Roger Sherman’s Great Compromise
combined Virginia + New Jersey Plans
• States ratify 1787-1788 but demanded a bill
of rights
Originals displayed at National
Archives
Organization of Constitution
1. Preamble
1. List goals of the gov’t
2. “We the People…”
2. Seven Articles
1. Divides gov’t power
2. Created three branches: Executive
(President), Legislative (Congress),
Judicial (courts)
3. Each Article divided in Sections + Clauses
4. Can be changed with Amendment
Organization of the Branches
• Executive
– President, Vice-President
• Legislative
– Congress (535)
• House of Representatives (435)- POPULATION
• Senate (100)- 2 PER STATE
• Judicial
– Supreme Court (9 justices)
Elements Protected by the Constitution
• Popular Sovereignty: the ability for a
country to control its own affairs
• Representative Democracy: people elect
leaders to make decisions for them
• Limited Government
• Federalism – division of power between
State & National Governments
• Concurrent (Shared) Powers
Elements Protected by the Constitution
• Separation of Powers
– No branch holds “too much” power
– Legislative Branch makes the laws
– Executive Branch carries out the laws
– Judicial Branch interprets the laws
Discussion on Branches
of Gov’t
QUESTION:
How did the lack of a strong
central government in the
Articles affect the creation of the
Constitution in 1788?
Executive Branch (President)
• Enforces laws made by
Congress
• Serves TWO 4-yearterms + can hold office
for up to 10 years
• 44 presidents
• Only “nationally”
elected official
Qualifications + Duties
• 35 years old
• Natural-born citizen
living in the US for
14 years
• Duties have changed
over 200 yearsConstitution vague
on this subject!
Duties of the President
• Administrative head of nation
– Makes important policy decisions
• Commander-in-Chief
– Leader of the military in times of war
• Chief Legislator- vetoes/approves bills
• Chief of State
– Meets w/Congress during “State of the Union” or
during wartime
• Chief of Party- becomes head of party
Roots of the Office
• Colonists distrusted the King- Articles of
Confederation neglected need for an
executive.
• With the failure of the Articles, Framers
saw need for an executive office that
would be strong enough to govern, but
not so strong that it could abuse power.
• Framers agreed that executive power
should be vested in a single person to be
called the president.
Terms of Office
• The 22nd
Amendment now
limits presidents to
two four-year terms
or a total of 10
years in office.
– Changed after death
of FDR- served almost
4 terms (12 years)
Removal (Impeachment)
• The president can be removed by Congress
– House conducts investigation and drafts Articles of
Impeachment for 'treason, bribery, or high crimes
and misdemeanors.'
– Senate tries case with Chief Justice of Supreme
Court presiding.
– If 2/3rds of the Senate votes for the Articles, the
president is removed from office.
Only Two Presidents have
Been Impeached…
Andrew Johnson
Bill Clinton
…Neither were removed from office…
Succession
• 7 presidents have died in office or left early.
• Congress passed Presidential Succession Act
of 1947 that stated order of succession if
president died, fell ill, or left:
– Vice-President;
– Speaker of the House;
– President Pro Tempore, Secretary of State,
Treasury, Defense, and other Cabinet heads in
order of the creation of their department
Legislative
Power
Chief-of-State
Pardoning
Power
Treaty-making
Power
Chief Diplomat
Commander
-in-Chief
Chief Executive
Veto Power
Appointment
Power
Evolution of the Office
• President’s role has changed greatly
– Most of it not clearly defined
• The Cabinet, War Declarations
– Changes most during times of crisis
• Depends upon large staffs to help
– The Cabinet
• 15 specialized departments that advise the
president (State, Defense, Treasury, etc.).
• Appointed by president, confirmed by Senate
– Office of Management and Budget (OMB)
– National Security Council (NSC)
Closure
How will Executive Branch adapt to
current world events?
Will the role of the president be the
same 100 years from now?
Judicial Branch
• Supreme Court and other Federal Courts
• Preserves + protects rights guaranteed
by the Bill of Rights
• Considers cases involving national laws
• Declares laws and acts unconstitutional
• Uses Judicial Review & Precedent to
render decisions
Supreme Court Facts
• 1 Chief Justice, 8 Associate Justices
w/lifetime status
– Selected by president/confirmed by Senate
• Sessions begin on 1st Monday in October
• Listens to arguments during 7 two-week
sessions
• Court not required to hear every case
– Listens only to fraction of those received
– On average, SC receives 7,500 “petitions
for certiorari”; hears only 85-100
Justices of the Supreme Court
The American Legal System
U.S. Supreme Court
State Supreme Courts
U.S Courts of Appeals (12)
(and other specialized courts of appeals)
Courts of Appeals
(in about 2/3s of the states)
U.S. District Courts (94)
Trials Courts of Limited Jurisdiction
(e.g., Tax Court)
Trial Courts of General Jurisdiction
Trial Courts of Limited Jurisdiction
How Cases Get to the Court
How do they get there?
• Original Jurisdiction (1-5 cases)
• Appellate Jurisdiction (the rest)
Deciding to Decide:
Agenda Setting on the Court
• The Process
•
•
•
•
Petitions and Amicus Curiae Briefs
Cert Pool
Discuss List
Conference and the Rule of 4
• The Outcome:
• reject 98-99% of request for review
• A Problem:
• Why do Supreme Court justices make the case
selection decisions that they do?
Important Court Cases
• Marbury vs. Madison (1803)
– Gave courts the right to decide whether laws are
constitutional – process called “Judicial Review”
• Brown vs. Board of Education (1954)
– Made segregation in schools illegal
– Paved way for greater civil rights for blacks
• Miranda vs. Arizona (1966)
– Officers had to inform people of their rights at the
time of their arrest
The Impact of the Court’s
Decisions
• Judges: Will they comply or defy?
• Elected Actors/Interest Groups: Will they attempt
to override?
• Implementers: Will they follow or ignore?
• Citizens: Will they move toward the Court’s
position?
Court Building’s Architecture
•Photos of Supreme Court
•The Authority of Law
•Equal Justice Under Law
•The Contemplation of Justice/Front View
•The Supreme Court building with
Authority of Law statue
•Supreme Court’s location to the Capitol