The United States

Constitution

The United States

ConstitutionWhat?What?

You may be asking…You may be asking…

Who is this old guy? What is this “Constitution?” Why in the world are we spending an hour

and a half on a Friday morning talking about it?

Why is it relevant to me? Are there snacks?

Who is this old guy? What is this “Constitution?” Why in the world are we spending an hour

and a half on a Friday morning talking about it?

Why is it relevant to me? Are there snacks?

I’ve seen it!I’ve seen it! A copy is in the National Archives in

Washington DC (I took this picture)

A copy is in the National Archives in Washington DC (I took this picture)

Why today?Why today? Today is September 17: “Constitution Day” It’s the day the US Constitution was signed back

in 1787 (223 years ago) Today we talk about the Constitution to remind

ourselves how important it is… IT LIMITS THE POWER OF THE

GOVERNMENT. NO OTHER COUNTRY IS AS FREE.

Only ¼ of people can name a right in 1st amend ½ can name a member of the Simpsons family.

Today is September 17: “Constitution Day” It’s the day the US Constitution was signed back

in 1787 (223 years ago) Today we talk about the Constitution to remind

ourselves how important it is… IT LIMITS THE POWER OF THE

GOVERNMENT. NO OTHER COUNTRY IS AS FREE.

Only ¼ of people can name a right in 1st amend ½ can name a member of the Simpsons family.

Why did we need a Constitution?Why did we need a Constitution? Our old government didn’t work that well We had the “Articles of Confederation” since 1777,

right after the Declaration of Independence But they reserved too much power to the States:

Each state had its own money Each state could negotiate with foreign countries Each state regulated trade (making it very difficult to sell

goods between states) No taxes: difficult to defend ourselves without an army! Weak president couldn’t enforce the laws No courts

Our old government didn’t work that well We had the “Articles of Confederation” since 1777,

right after the Declaration of Independence But they reserved too much power to the States:

Each state had its own money Each state could negotiate with foreign countries Each state regulated trade (making it very difficult to sell

goods between states) No taxes: difficult to defend ourselves without an army! Weak president couldn’t enforce the laws No courts

The PreambleThe Preamble

The preamble to the Constitution says why they wrote it:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the 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.”

Can you sing it? Video?

The preamble to the Constitution says why they wrote it:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the 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.”

Can you sing it? Video?

So the “Framers” set out to fix the problems in the Articles

So the “Framers” set out to fix the problems in the Articles

They wanted to establish a democratic representative republic

democratic because it’s the voice of the people that ultimately decides the laws

representative because we elect representatives to run the government for us

a republic because we don’t have a king These were the principles of the American

revolution, and they were radical at the time. No king? No divine right?

They wanted to establish a democratic representative republic

democratic because it’s the voice of the people that ultimately decides the laws

representative because we elect representatives to run the government for us

a republic because we don’t have a king These were the principles of the American

revolution, and they were radical at the time. No king? No divine right?

The Structure of the ConstitutionThe Structure of the Constitution People weren’t happy with a king

If he’s a nice guy, great, but if he’s not, well… And power corrupts (absolute power corrupts

absolutely) So the framers of the Constitution wanted a

government by the people and for the people. To avoid giving one person too much power, there

would be “checks and balances” within the Federal Government

It would also split power between the states and the central government

People weren’t happy with a king If he’s a nice guy, great, but if he’s not, well… And power corrupts (absolute power corrupts

absolutely) So the framers of the Constitution wanted a

government by the people and for the people. To avoid giving one person too much power, there

would be “checks and balances” within the Federal Government

It would also split power between the states and the central government

Basic Structure: FederalismBasic Structure: Federalism We use “Federal” to mean the central government, but

“federalism” means that the central government and the state governments share power

The Federal government has ultimate lawmaking and law enforcement authority and can pre-empt the states

But the Federal government’s power is limited to what is given in the Constitution!

This is what makes this document so unique! We tell our government what to do, not the other way around Our Constitution and one other document (the Magna Carta) were

unique at the time in this regard If a law is “unconstitutional,” it means it’s null, void, done,

dead, unenforceable, illegal, etc. etc. Examples of unconstitutional laws? (current debate in AZ)

We use “Federal” to mean the central government, but “federalism” means that the central government and the state governments share power

The Federal government has ultimate lawmaking and law enforcement authority and can pre-empt the states

But the Federal government’s power is limited to what is given in the Constitution!

This is what makes this document so unique! We tell our government what to do, not the other way around Our Constitution and one other document (the Magna Carta) were

unique at the time in this regard If a law is “unconstitutional,” it means it’s null, void, done,

dead, unenforceable, illegal, etc. etc. Examples of unconstitutional laws? (current debate in AZ)

And States have “police power,” not the Federal government

And States have “police power,” not the Federal government

“Police power” is the general power to govern: to throw people in jail for violation of the law.

So who runs the police? The states: in California, it’s CA, in NV, it’s NV Is there a “Federal police?”

Yep: The FBI They investigate only federal crimes (violations of

federal law) They’re not the ones responsible to enforce the laws

generally The 10th amendment of the Constitution reserves all

powers not given to the federal government to the states The IRS is not the police

“Police power” is the general power to govern: to throw people in jail for violation of the law.

So who runs the police? The states: in California, it’s CA, in NV, it’s NV Is there a “Federal police?”

Yep: The FBI They investigate only federal crimes (violations of

federal law) They’re not the ones responsible to enforce the laws

generally The 10th amendment of the Constitution reserves all

powers not given to the federal government to the states The IRS is not the police

The problem with Federalism and the Civil War

The problem with Federalism and the Civil War

There was one problem with Federalism, as it was understood by some of the states

Since they approved the Constitution, some states viewed themselves as the primary sovereign, meaning the ultimate authority

When Abraham Lincoln, who was against slavery, was elected president, some states didn’t want to be a part of the Union anymore, saying they were the ultimate authority and wouldn’t bow to the Federal government as it appeared about to make slavery illegal

That presented the fundamental question: did the states have the right to leave the Union? Some tried.

Before: the United States “are,” now the United States “is”

There was one problem with Federalism, as it was understood by some of the states

Since they approved the Constitution, some states viewed themselves as the primary sovereign, meaning the ultimate authority

When Abraham Lincoln, who was against slavery, was elected president, some states didn’t want to be a part of the Union anymore, saying they were the ultimate authority and wouldn’t bow to the Federal government as it appeared about to make slavery illegal

That presented the fundamental question: did the states have the right to leave the Union? Some tried.

Before: the United States “are,” now the United States “is”

“Checks and Balances”“Checks and Balances” The Constitution also contains “checks and

balances” on the Federal government’s power It establishes 3 branches in 3 Articles:

I: The legislative branch (Congress). The Congress is also divided into two houses: the House of Representatives, elected every 2 years, and the Senate, elected every 6 years. Being elected less often makes them more objective and less influenced by fads

II: The Exec branch (President). Elected every 4 years.

III: The Judicial branch (Supreme Ct). Not elected, so not subject to political fads at all. As a result, in some ways they’re the most powerful branch.

What’s a political fad? Declarations of war?

The Constitution also contains “checks and balances” on the Federal government’s power

It establishes 3 branches in 3 Articles: I: The legislative branch (Congress). The Congress is

also divided into two houses: the House of Representatives, elected every 2 years, and the Senate, elected every 6 years. Being elected less often makes them more objective and less influenced by fads

II: The Exec branch (President). Elected every 4 years.

III: The Judicial branch (Supreme Ct). Not elected, so not subject to political fads at all. As a result, in some ways they’re the most powerful branch.

What’s a political fad? Declarations of war?

What are the “Checks and Balances”What are the “Checks and Balances” No one branch has too much power (at least that’s the

goal) Congress “legislates”

That means they write the laws They originate bills, that they then debate and the bill, if

approved by the Congress, can become law They pass taxes They declare war But the President has a check: he can veto laws and is the

Commander in Chief of the military And the Congress has a counter-check: they can override

his veto by a 2/3 vote And the Supreme Court can say the law isn’t

Constitutional.

No one branch has too much power (at least that’s the goal)

Congress “legislates” That means they write the laws They originate bills, that they then debate and the bill, if

approved by the Congress, can become law They pass taxes They declare war But the President has a check: he can veto laws and is the

Commander in Chief of the military And the Congress has a counter-check: they can override

his veto by a 2/3 vote And the Supreme Court can say the law isn’t

Constitutional.

Checks on the President…Checks on the President…

The President’s job is to enforce the laws Checks:

He doesn’t get to make laws, just enforce them. Congress can delegate the authority to the President or

the “Executive Branch” to make rules to implement Congress’ laws (they do that a lot)

The Congress can remove the President (impeach / try) The Supreme Court can declare what the President does

unconstitutional (illegal). He has “departments” to help: Defense, Homeland

Security, State, but the President’s senior appointees to these departments must be approved by the Senate

The President’s job is to enforce the laws Checks:

He doesn’t get to make laws, just enforce them. Congress can delegate the authority to the President or

the “Executive Branch” to make rules to implement Congress’ laws (they do that a lot)

The Congress can remove the President (impeach / try) The Supreme Court can declare what the President does

unconstitutional (illegal). He has “departments” to help: Defense, Homeland

Security, State, but the President’s senior appointees to these departments must be approved by the Senate

Checks on the Supreme CourtChecks on the Supreme Court

The Supreme Court’s job is to resolve disputes Checks:

They’re not elected. The President picks them A pro and a con. This is a huge power for the President. The most

controversial questions in our society are often determined by the Supreme Court, and they’re appointees of the President

But once appointed, they’re in for life. Why??? Not subject to politics. Again a pro and a con.

And they must be approved by the Senate. Can be removed by the Congress

Marbury vs. Madison—established power to declare laws / acts of president unconstitutional

Bush v. Gore—resolved the 2000 election (hanging chads)

The Supreme Court’s job is to resolve disputes Checks:

They’re not elected. The President picks them A pro and a con. This is a huge power for the President. The most

controversial questions in our society are often determined by the Supreme Court, and they’re appointees of the President

But once appointed, they’re in for life. Why??? Not subject to politics. Again a pro and a con.

And they must be approved by the Senate. Can be removed by the Congress

Marbury vs. Madison—established power to declare laws / acts of president unconstitutional

Bush v. Gore—resolved the 2000 election (hanging chads)

And the Constitution has other provisions

And the Constitution has other provisions

Most notably, it can be amended That can happen in two ways:

Congress approves of an amendment (President need not sign it) by 2/3 majority. Then 3/4 of the States must approve

Over 10,000 proposals, only 27 amendments, and 10 of them were adopted in the “Bill of Rights” all at once, so the Constitution has only been amended on 18 occasions in 220 years.

Or 2/3 of the State legislatures can call for a Constitutional convention and adopt amendments there.

Has never been done; could be a Constitutional free-for-all So, is it a good idea to make it difficult to amend the

Constitution? Last amendment was 1992; an amendment originally

proposed with the Bill of Rights!

Most notably, it can be amended That can happen in two ways:

Congress approves of an amendment (President need not sign it) by 2/3 majority. Then 3/4 of the States must approve

Over 10,000 proposals, only 27 amendments, and 10 of them were adopted in the “Bill of Rights” all at once, so the Constitution has only been amended on 18 occasions in 220 years.

Or 2/3 of the State legislatures can call for a Constitutional convention and adopt amendments there.

Has never been done; could be a Constitutional free-for-all So, is it a good idea to make it difficult to amend the

Constitution? Last amendment was 1992; an amendment originally

proposed with the Bill of Rights!

A bit more history…A bit more history… The framers met in Philadelphia in the

summer of 1878 to debate what the Constitution should say

It took 4 months and was brutal. No air conditioning!

And they debated and debated and debated the checks and balances and the split of federal power. They didn’t want to create a new king!

1st pres. George Washington declined to be called “your majesty”

The framers met in Philadelphia in the summer of 1878 to debate what the Constitution should say

It took 4 months and was brutal. No air conditioning!

And they debated and debated and debated the checks and balances and the split of federal power. They didn’t want to create a new king!

1st pres. George Washington declined to be called “your majesty”

Who was there?Who was there? At the time there were 13 states But Rhode Island didn’t show up They had to make a lot of compromises to come

up with a plan that at least 9 of the states would approve (as required by Articles of Confederation)

One of the big debates was how states should be represented in Congress The “Great Compromise” was the proposal to have 2

houses: House of Reps determined by population, and the Senate where each state was represented equally

Each house of this “bi-cameral” legislature had different duties

At the time there were 13 states But Rhode Island didn’t show up They had to make a lot of compromises to come

up with a plan that at least 9 of the states would approve (as required by Articles of Confederation)

One of the big debates was how states should be represented in Congress The “Great Compromise” was the proposal to have 2

houses: House of Reps determined by population, and the Senate where each state was represented equally

Each house of this “bi-cameral” legislature had different duties

Some of the Founding FathersSome of the Founding Fathers

Benjamin Franklin Alexander Hamilton George Washington James Madison (the

“Father of the Constitution”)

Benjamin Franklin Alexander Hamilton George Washington James Madison (the

“Father of the Constitution”)

The Approval ProcessThe Approval Process

After it was drafted 2/3 of the states’ legislatures had to approve the Constitution, but the framers wanted all 13 to approve.

But it ran into problems While the Constitution said what the government

could do, it didn’t say what it couldn’t do That led to debate about assuring individual

liberties

After it was drafted 2/3 of the states’ legislatures had to approve the Constitution, but the framers wanted all 13 to approve.

But it ran into problems While the Constitution said what the government

could do, it didn’t say what it couldn’t do That led to debate about assuring individual

liberties

The Bill of RightsThe Bill of Rights To assure approval of the Constitution, it was agreed that a Bill of Rights would be drafted. James Madison

drafted it, and they were added in 1791. This Bill of Rights would protect the fundamental liberties in

our society They embody the principle that while the majority rules, all

people (even if the minority) have certain fundamental rights that can’t be taken away: i.e., “inalienable rights”

Who can name a right in the Bill of Rights? The Bill of Rights proposed two articles (one of which was

never adopted and another adopted in 1992), and ten other amendments. These 10 amendments are what we refer to as the “Bill of Rights.”

To assure approval of the Constitution, it was agreed that a Bill of Rights would be drafted. James Madison

drafted it, and they were added in 1791. This Bill of Rights would protect the fundamental liberties in

our society They embody the principle that while the majority rules, all

people (even if the minority) have certain fundamental rights that can’t be taken away: i.e., “inalienable rights”

Who can name a right in the Bill of Rights? The Bill of Rights proposed two articles (one of which was

never adopted and another adopted in 1992), and ten other amendments. These 10 amendments are what we refer to as the “Bill of Rights.”

What are the rights / amendments?What are the rights / amendments?

The first amendment: Protects freedom of speech, press, religion

(establishment or curtailment) and assembly In some ways these are the fundamental

liberties in our society Freedom of religion

You can choose any religion you want, or none Freedom of the press

The government can’t tell the newspaper what to print or not print.

The first amendment: Protects freedom of speech, press, religion

(establishment or curtailment) and assembly In some ways these are the fundamental

liberties in our society Freedom of religion

You can choose any religion you want, or none Freedom of the press

The government can’t tell the newspaper what to print or not print.

More amendmentsMore amendments

2d amendment: “A well regulated Militia, being necessary to

the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

This means people can own guns, though the guns can be regulated

2d amendment: “A well regulated Militia, being necessary to

the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

This means people can own guns, though the guns can be regulated

MoreMore

3d amendment: we don’t have to house soldiers anymore

4th amendment: says the Federal government can’t make illegal searches and seizures Applies to state through the “due process” clause of the

14th amendment Means police must have a warrant to search your home

or other private areas And must have “probable cause” (a legitimate reason)

to arrest you Mapp vs. Ohio: illegal evidence can’t be used

3d amendment: we don’t have to house soldiers anymore

4th amendment: says the Federal government can’t make illegal searches and seizures Applies to state through the “due process” clause of the

14th amendment Means police must have a warrant to search your home

or other private areas And must have “probable cause” (a legitimate reason)

to arrest you Mapp vs. Ohio: illegal evidence can’t be used

5th and 6th amendments5th and 6th amendments

The 5th amendment says you can’t be compelled to testify against yourself “I take the fifth” Also provides for “due process” Prohibits “double jeopardy” Miranda vs. Arizona: “you have the

right to remain silent” The 6th amendment says you have the

right: To a speedy trial /can’t keep you waiting

in jail To confront your accuser To have an attorney

The 5th amendment says you can’t be compelled to testify against yourself “I take the fifth” Also provides for “due process” Prohibits “double jeopardy” Miranda vs. Arizona: “you have the

right to remain silent” The 6th amendment says you have the

right: To a speedy trial /can’t keep you waiting

in jail To confront your accuser To have an attorney

7 & 8th amendments7 & 8th amendments

7th: Right to a jury trial (to be judged by your peers) Juries determine the facts of the case, and pass

judgment on instruction from the judge Jury duty is an important public service

8th: No excessive bail; no cruel or unusual punishment

7th: Right to a jury trial (to be judged by your peers) Juries determine the facts of the case, and pass

judgment on instruction from the judge Jury duty is an important public service

8th: No excessive bail; no cruel or unusual punishment

9th and 10th9th and 10th

9th says any right not given to the government stays with the people. Very important concept: the Constitution *limits* governmental power to what the people gave it

10th says any right says any right not given to the Federal government stays with the states

9th says any right not given to the government stays with the people. Very important concept: the Constitution *limits* governmental power to what the people gave it

10th says any right says any right not given to the Federal government stays with the states

Other key amendmentsOther key amendments

Other key amendments were adopted later 13th amendment: ended slavery 14th amendment: extended the Bill of Rights’ limitations

on Federal power to the states. Made clear that African Americans were also citizens. Also added the “equal protection” clause, stating that all citizens are entitled to “equal protection under the law.” This helped combat racial discrimination after the Civil War

15th: All races can vote 19th amendment: women can vote

Other key amendments were adopted later 13th amendment: ended slavery 14th amendment: extended the Bill of Rights’ limitations

on Federal power to the states. Made clear that African Americans were also citizens. Also added the “equal protection” clause, stating that all citizens are entitled to “equal protection under the law.” This helped combat racial discrimination after the Civil War

15th: All races can vote 19th amendment: women can vote

The Electoral CollegeThe Electoral College

Who elects the President really? It’s not technically you, it’s the electoral college

But what has happened in recent history is that the electors for each state vote for the person that won that state’s popular vote.

Al Gore: likely won the popular vote but lost in the electoral college 271-266.

Who elects the President really? It’s not technically you, it’s the electoral college

But what has happened in recent history is that the electors for each state vote for the person that won that state’s popular vote.

Al Gore: likely won the popular vote but lost in the electoral college 271-266.