week 10.2 articles iv vii

Articles IV VII of the Constitution & Principles of the Constitution

Art. IV Sect. 1 Full Faith & Credit Clause

What does the full faith and credit clause require?


What does the full faith and credit clause require?- that each state must respect the laws, records, and judicial rulings of all the other states

Examples:- wills & driver's licenses- fruit inspections (California)- marriages- NOT everything, however, such as casino gambling and professional licenses

What issue is currently challenging this clause?


What does the full faith and credit clause require?- that each state must respect the laws, records, and judicial rulings of all the other states

Examples:- wills & driver's licenses- fruit inspections (California)- marriages- NOT everything, however, such as casino gambling and professional licenses

What issue is currently challenging this clause? Homosexual marriage

Art. IV Sect. 2: Privileges & Immunities

Section 2.1: One's rights as an American citizen remain no matter which state one is in or traveling through

However, non-residents don't necessarily have all the privileges of residents (university tuition, hunting licenses, etc.)

Extradition = ?

Art. IV Sect. 2: Privileges & Immunities

Section 2.1: One's rights as an American citizen remain no matter which state one is in or traveling through- However, non-residents don't necessarily have all the privileges of residents (university tuition, hunting licenses, etc.)

Extradition = the process of returning (at the governor's request) a fleeing criminal to that state in which he committed a crime in order to stand trial there- However, a governor can refuse this request, esp. if the accused also committed crimes in the second governor's state or he believes the accused to be innocent

Clause 3 concerned fugitive slaves and was obsoleted when the Thirteenth Amendment outlawed slavery

Art. IV Sect.3: Territories

What are the conditions under which new states can be admitted to the union?

Art. IV Sect.3: New States & Territories

What are the conditions under which new states can be admitted to the union?1. No new state can be formed within an existing state and2. No new state may be formed by joining two or more states or portions of statesUnless Congress and the state legislatures involved agree to it.

Note: Congress can put a condition on a state before admitting it (Utah & polygamy)

Congress makes the rules & regulations for all U.S. Territories

What are our territories?

U.S. Territories

Puerto Rico & Northern Mariana Islands are commonwealth territories; Congress oversees them, but they have a lot of autonomy

Pacific Islands such as Guam, American Samoa, and others as well as the U.S. Virgin Islands

Art. IV Sect. 4: Republican form of government guaranteed

All states must have a republican form of government

In return, what does the federal government promise?

Art. IV Sect. 4: Republican form of government guaranteed

All states must have a republican form of government

In return, what does the federal government promise?- to protect the states from foreign invasion or a domestic rebellion

Art. V: Amending the Constitution

What has to happen in order to amend or change the Constitution?

Art. V: Amending the Constitution

What has to happen in order to amend or change the Constitution?1. Either 2/3 of both Houses of Congress propose the amendment2. OR 2/3 of the state legislatures vote to ask Congress to call a convention to propose amendments- Note: This second method has never been tried b/c of fears about the lack of defined procedures for such a convention and worry that the convention might propose additional amendments of its own (runaway convention).

Amending the Constitution, cont.

Once an amendment is proposed, what has to happen to approve it?


Once an amendment is proposed, what has to happen to approve it?- It must be approved by of the state legislatures or by special conventions in of the states, whichever Congress stipulates- Only the Twenty-First Amendment called for conventions; all the rest were approved by state legislatures.

Two limitations on amendments:


Once an amendment is proposed, what has to happen to approve it?- It must be approved by of the state legislatures or by special conventions in of the states, whichever Congress stipulates- Only the Twenty-First Amendment called for conventions; all the rest were approved by state legislatures.

Two limitations on amendments:1. Clauses concerning slave trade & representation could not be changed before 18082. No state could be denied equal representation in the Senate without the consent of that state.

Article VI: Constitutional & National Supremacy

Section 1 Assumption of Previous Debts:- The new government would honor the debts incurred by the nation before the adoption of the Constitution- Intention was to give the new nation credibility in the eyes of the rest of the world, and it worked.- The debt was soon paid off; sounds good, doesn't it?

Art. VI Sect. 2: Supremacy Clause

Constitution is the highest law in the land, in this order:1. the U.S. Constitution2. laws of the U.S. Government3. treaties4. constitutions of the states5. state laws6. local laws

State judges are to understand this and interpret the law accordingly. States cannot choose which federal laws they will obey. Also, treaties are subject to the Constitution, which cannot be amended by a treaty.

Art. VI Sect. 3: Oath for officers of federal & state governments

Requires all members of Congress, all members of the state legislature, all members of the executive & judiciary branches of both the federal and the state governments to take an oath or affirmation that they will uphold the Constitution.- I have had to do this when serving as an election judge for Larimer County.

No religious test required for federal office holders- Note: A few states require a religious test but it would probably not hold up if challenged in court

What do you think? Was this wise on the part of the Founders, or should such a test have been required?

Art. VII: Ratification Procedures

How many state constitutional conventions needed to ratify the Constitution in order to put it into effect?

Art. VII: Ratification Procedures

How many state constitutional conventions needed to ratify the Constitution in order to put it into effect?- Nine, which happened when New Hampshire ratified it in June of 1788.- Virginia & New York followed later that summer- North Carolina didn't ratify it until November, 1789 after it was already in effect- Rhode Island waited until May of 1790 after Washington was elected president and the Bill of Rights had been passed.

Signed on Sept. 17, 1787 (without Rhode Island) and sent to the states for ratification.

Basic Principles of the Constitution

U.S. Constitution was the first written constitution and is still the longest surviving document of this kind

Has served as the model for the constitutions of many other countries (despite the opinion of a certain Supreme Court justice)

Was intended to last a long time, as Chief Justice John Marshall said: to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.

Is the Constitution a Christian document?


U.S. Constitution was the first written constitution and is still the longest surviving document of this kind

Has served as the model for the constitutions of many other countries (despite the opinion of a certain Supreme Court justice)

Was intended to last a long time, as Chief Justice John Marshall said: to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.

Is the Constitution a Christian document?- No; in fact, God is never mentioned in the document, BUT the founders operated under a Christian worldview, both those who were Christians and those who were not.

James Madison on human nature:

Does this sound like someone with a Biblical worldview?What is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.- James Madison, Federalist No. 51

In short, what did the founders think of power & human nature?

James Madison on human nature:

Does this sound like someone with a Biblical worldview?What is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.- James Madison, Federalist No. 51

In short, what did the founders think of power & human nature? Power corrupts & absolute power corrupts absolutely.

Examples of demonic governments: French Republic of 1780-

How Power Corrupts if not held in check

Examples of godless, even demonic governments:- French Republic of 1789-1792- Soviet Union- Revelation 13: 11-17

Can you think of any others?

The Problem of Constitutional Interpretation

What are the advantages of having a general document that is not very long or detailed and acts as a guide?- can adapt to the future

Disadvantages? The way it is interpreted can vastly change its meaning over time

Strict constructionists believe ?




Strict constructionists believe that the original text is important and interpretation should be kept to a minimum

Broad Constructionists believe ?





Broad Constructionists believe that interpretation can and should be broader and even creative in approach.

Does this remind you of anything in the Christian life?





Broad Constructionists believe that interpretation can and should be broader and even creative in approach.

Does this remind you of anything in the Christian life?- the controversies over Biblical translations and interpretation

Right of Privacy

Is there a right to privacy mentioned in the Constitution?

Right of Privacy

Is there a right to privacy mentioned in the Constitution?- No, but that doesn't mean it doesn't exist. I think the founders would agree that this is a natural right

So what is the problem with this right?

Right of Privacy

Is there a right to privacy mentioned in the Constitution?- No, but that doesn't mean it doesn't exist. I think the founders would agree that this is a natural right

So what is the problem with this right?- It has been used to promote various liberal causes such as the right to purchase birth control, abortion, and homosexual activity and marriage, all issues that were largely forbidden in the U.S. Until the Griswold v. Connecticut decision in 1965. Read quote on p.97 T.E.

As Supreme Court Justice Charles Evans Hughes said, We are under a Constitution, but the Constitution is what the judges say it is.

What is to be done?

What's the remedy for this problem with interpretation?- To appoint judges who are not broad constructivists and who respect the original intent of the writers as much as possible.

In other words, judges who stick to interpreting the law rather than legislating from the bench as was done in Roe v. Wade and other decisions

Which clauses have led Congress to abuse power?

What is to be done?



Which clauses have led Congress to abuse power?- Necessary & proper clause, commerce clause, and general welfare clause

How about the President?

What is to be done?



Which clauses have led Congress to abuse power?- Necessary & proper clause, commerce clause, and general welfare clause

How about the President? Legislating through the use of executive orders

How is the Constitution supposed to adapt over time?


Through the amendment process described in Article V.

How many times has the Constitution been amended?



How many times has the Constitution been amended?- 27 times out of 33 proposed amendments

Note: over 10,000 amendments have been offered over the past 2+ centuries, but only 33 received the 2/3 vote of Congress needed to pass the proposed amendments onto the states for approval.

How many states have to ratify an amendment for it to pass?



How many times has the Constitution been amended?- 27 times out of 33 proposed amendments

Note: over 10,000 amendments have been offered over the past 2+ centuries, but only 33 received the 2/3 vote of Congress needed to pass the proposed amendments onto the states for approval.

How many states have to ratify an amendment for it to pass? 38 ( of 50 = 37.5); must be done within a seven year time limit.

Great list of suggested amendments on p. 99

What amendment(s) would you propose?

More on Amending the Constitution

So, is the amendment process easy or hard?


So, is the amendment process easy or hard?- Definitely hard; Is this a good thing or not?

What do people do to get around this problem?



What do people do to get around this problem?- They try to pass laws through Congress and/or through court decisions (abortion is a good example of this.)

Which is more permanent, a law or an amendment?



What do people do to get around this problem?- They try to pass laws through Congress and/or through court decisions (abortion is a good example of this.)

Which is more permanent, a law or an amendment?- the amendment, so these are pursued in these cases:1. when the proposed law would definitely be unconstitutional (income tax, repeal of Prohibition)2. the issue is of such national importance that it needs to be clarified permanently (Presidential succession.)


The Founders figured these out from studying past governments & their problems AND from their own experiences with the problems of the Articles of Confederation.

Thomas Jefferson taught himself Anglo Saxon so that he could read their original writings on government; that's how dedicated and scholarly our founders were!

Principle 1: Limited Government

What is meant by limited government?

Principle 1: Limited Government

What is meant by limited government?- Government does not have absolute power, but is limited to only those powers given to it by the people through law.

Memorize this definition!

Note: Limited government does not necessarily mean small government. Conservatives often confuse the two. A big country needs a big government, but the powers of that government must be kept within strict boundaries.

Here's the beauty of its being written the boundaries are easier to see and not subject to the whims of our rulers, as often happened in England with its unwritten constitution. Note, too, that Parliament's power superseded that of the unwritten constitution in England.

Principle 2: Separation of Powers

What are the three branches of the federal government?


What are the three branches of the federal government?- legislative (Congress Article I; they make the laws)- executive (President & Cabinet & federal bureaucracy Article II; they execute & enforce the laws)- judicial (Supreme, District, Circuit, and other federal courts Article III; they interpret the laws)

What are the advantages and challenges associated with the three branches of the government?


What are the three branches of the federal government?- legislative (Congress Article I; they make the laws)- executive (President & Cabinet & federal bureaucracy Article II; they execute & enforce the laws)- judicial (Supreme, District, Circuit, and other federal courts Article III; they interpret the laws)

What are the advantages and challenges associated with the three branches of the government?- ads: helps to limit power- disads: how to keep one branch from dominating the others

p. 101 Exercise: Which branch handles which power?

Principle 3: Checks and Balances

Checks & Balances = ?


Checks & Balances = keeping the power of each branch of government in check through the power of another branch of the government, the goal being to prevent the concentration of power in one branch thus protecting personal liberty

What are some example of checks & balances in our Constitution?


Checks & Balances = keeping the power of each branch of government in check through the power of another branch of the government, the goal being to prevent the concentration of power in one branch thus protecting personal liberty

What are some example of checks & balances in our Constitution?- the President's veto power- Congress's ability to overturn the veto- Senate's power to approve or disapprove the President's appointments & treaties- the Supreme Court's ability to nullify acts of Congress & the President if they find the act to be unconstitutional

More Checks & Balances

Congress's power of impeachment over both the executive & judicial branches

Both Houses of Congress must pass a bill in order for it to go to the President

Although President is Commander-in-chief, only Congress can officially declare war

Disadvantages?





Disadvantages? Gridlock within Congress or between branches, esp. Congress and the President

What causes this gridlock?





Disadvantages? Gridlock within Congress or between branches, esp. Congress and the President

What causes this gridlock? Having two political parties that may be in charge of different branches of the government

Which would you rather have? Tyranny or inefficiency?

Principle 4: Judicial Review

Judicial Review = ?

Principle 4: Judicial Review

Judicial Review = the power of the judicial branch to review the constitutionality of laws passed by the legislative branch

If a law is found by the court to be unconstitutional, it is struck down by the court and thus nullified.

Again, this principle is not specified in the Constitution but was asserted in 1803 in the Supreme Court case Marbury v. Madison.

Doesn't this seem to give ultimate power to the Supreme Court? What check is there on their decisions? Can only be overturned by an amendment to the Constitution or a later court ruling. Or a Civil War, yikes!

Principle 5: Federalism

Federalism = ?


Federalism = division of power between national and state levels of government; the goal is to balance state and national interests

Remember, the original 13 states were very independent and quite different from one another. They had to be convinced to work together under one national government. Power-sharing between the states and the national government was one of the incentives meant to draw them in.

Ads?


Federalism = division of power (power-sharing) between national and state levels of government; the goal is to balance state and national interests

Remember, the original 13 states were very independent and quite different from one another. They had to be convinced to work together under one national government. Power-sharing between the states and the national government was one of the incentives meant to draw them in.

Ads: Division of power & accommodation of differences in regions of the country

Disads?


Federalism = division of power (power-sharing) between national and state levels of government; the goal is to balance state and national interests

The original 13 states were very independent and quite different from one another. They had to be convinced to work together under one national government. Power-sharing between the states and the national government was one of the incentives meant to draw them in.

Ads: Division of power & accommodation of differences in regions of the country

Disads: Conflict can arise between states & national government (slavery, Obamacare, etc.)

More on Federalism

The Reality today? The states have lost much power to national govt.

Why? As James Kilpatrick has observed,John Marshall, the great chief justice, set about undermining state authority in 1819. The Civil War accelerated the process. In 1941 the high court described the 10th [Amendment] as no more than a 'truism.' Now and then the justices have said a kind word for federalism, much as one pats an old dog, but it has been pretty much downhill all the way.

More on the Tenth Amendment next week.

Principle 6: Popular Sovereignty

Popular Sovereignty = ?


Popular Sovereignty = the people are the ultimate source of their government's authority

Is this principle found in the Bible?



Is this principle found in the Bible?- Not so much, b/c God, not man, is clearly the ultimate authority over government

So if principle at root is untrue, how should we think about it as Christian Americans?



Is this principle found in the Bible?- Not so much, b/c God, not man, is clearly the ultimate authority over government; See verses on p. 104 T.E.

So if principle at root is untrue, how should we think about it as Christian Americans?- In the U.S. God establishes rulers through the vote of the people (rather than through royal succession, military overthrow or other such means.) - Thus, our rulers are accountable not only to God but to the people as well.

Popular Sovereignty

How is this principle evident in the Constitution?

Popular Sovereignty

How is this principle evident in the Constitution?- In the preamble, We the people of the United States...- Through the practice of representative government- Through the amendment process, the Prohibition Amendment being an excellent example of how the voice of the people was heard for better or worse.

This amendment process is also practiced in the states and is definitely a way that the will of the people can be imposed on their legislatures. Very true here in Colorado. The legislature hates TABOR, which requires a vote of the people to approve any tax increase, and has worked hard to reduce its power.

See quotes on p. 104 T.E. From Randolph & Patrick Henry

The Challenge?

Having a populace that understands their responsibilities to rule themselves

The People need to register to vote and then vote

The People must make time to be informed on the issues

The People need to understand their rights and what the Constitution says

The People need to exercise self-discipline and not elect representatives who make unconstitutional promises

The People need to participate in the political process and run for office or get involved in other ways

The People must guard this privilege of self-government and not let others take it away. See Soviet promises p.105.

week 10.2 articles iv vii

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