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Anatomy of the Constitution

• The Preamble describes the purpose of the Constitution
• The Articles are the main body, outlining the federal government's structure and how changes can be made
• Amendments are changes to the Constitution

Contents of the Constitution

• The Preamble lays out the ideals of the Constitution
• Article 1 discusses Congress
• Article 2 discusses the President
• Article 3 discusses the Supreme Court
• Article 4 discusses relations among the states
• Article 5 provides for amendments
• Article 6 covers public debts and supremacy of national law
• Article 7 deals with the ratification of the Constitution
• Amendments are changes made to the Constitution

A Representative Democracy

• The Constitution established the U.S. as a Representative Democracy (Republic)
• Citizens have the power to vote, and can reelect or elect someone new
• Majority rule requires more than half to approve, then accepted by all
• Minority rights must be protected

Expressed Powers

• Congress can collect taxes, coin money, regulate foreign and interstate commerce, raise and maintain an army, declare war, fix standards of weights and measures, and grant patents/copyrights
• The President is the commander in chief of the armed forces, can grant reprieves and pardons, make treaties, and appoint major federal officials
• The Supreme Court (and other federal courts) has the judicial power of the US

Implied Powers

• The Necessary and Proper Clause ("Elastic Clause") gives Congress the power to make all laws necessary and proper for executing its powers, per Article 1, Section 8, Clause 18
• Under the expressed power to regulate interstate commerce, Congress has created the Interstate highway system, built hydro-electric dams, and prohibited racial discrimination in granting access to restaurants, theaters, hotels and motels

Inherent Powers

• Inherent powers exist and belong to the National Government because they are inherent to a sovereign nation
• Examples include the power to regulate immigration, acquire new territory, grant diplomatic recognition to other countries, and protect the nation from rebellion

Powers Denied to the National Government

• The Constitution denies the power to tax exports, take private property for public good without just compensation, and prohibit freedom of religion, speech, press, etc
• The Constitution remains silent, so there is no national school system or national law regarding marriage and divorce
• The Federal system means the National Government may not tax a state/local government carrying out their governmental functions, because the power to tax is the power to destroy

Legislative Branch

• The legislative branch (Congress) is described in Article 1
• It is bicameral, with two houses
• The Senate is comprised of two senators from every state
• The House of Representatives is based on the population of each state
• The Legislative Branch is responsible for all money matters
• There is great emphasis on Congress - it's the longest article in the Constitution

Executive Branch

• The executive branch (President) carries out the laws and is outlined in Article 2
• The President is the Chief Executive
• The Executive Branch includes the executive departments
• The Vice President is second in line to the President

Judicial Branch

• The judicial branch judges laws and sets penalties/punishments for law breakers (Supreme Court), as described in Article 3
• The Supreme Court is the highest court
• The Supreme Court has the power of Judicial Review, per Marbury v. Madison
• The Supreme Court can declare a law/executive action unconstitutional
• Congress can establish all lower Federal Courts

Government With Checks and Balances

• The Constitution's writers wanted to protect the rights and freedoms of the people to avoid another king
• A Constitution with 3 branches of government was created, where each has its own separate powers
• To prevent any one branch becoming too powerful, the powers of each branch are checked and limited by the other two branches
• Congress can override a President's veto by a 2/3 vote
• Congress can impeach and remove the President or Supreme Court Justices
• Congress must approve all treaties
• Congress has to approve all presidential appointments, including Supreme Court Justices
• The President may veto legislation
• The President must appoint Supreme Court Justices and other federal judges
• The Supreme Court may declare acts of Congress or the President unconstitutional
• Supreme Court Justices are appointed for life

A Flexible Constitution

• The Constitution has lasted for over 200 years
• It can be amended via a written change; there are 27 amendments thus far

Amendment Process

• To propose an amendment requires a 2/3 vote in Congress (both houses)
• Alternatively, 2/3 of state legislatures can ask Congress to call for a National Convention to propose an amendment
• To ratify an amendment, it must be approved by 3/4 of the state legislatures or 3/4 of special state conventions called to vote on the proposed amendment
• The amendment must state which way it will be ratified
• Once approved, an amendment can only be repealed (done away with, taken back) by another amendment (for example, the 18th was repealed by the 21st Amendment)

Constitutional Changes by Other Means

• Congress can interpret the Constitution dealing with its responsibilities (the "necessary and proper clause"), as seen in the Judiciary Act of 1789
• Expansion of executive departments, agencies, and offices occurs by act of Congress
• Constitutional changes can occur by the President as well, via executive action, the President acting as Commander in Chief, and executive agreements with other countries
• The Supreme Court has the final authority on interpretation of the Constitution, via Judicial Review
• Political party practices can also change the Constitution, such as through nominating candidates for office
• Most elected officials conduct business along party lines
• Constitutional changes can stem from custom and tradition; though not written, this influences how things are done
• An example is the President meeting with their cabinet before making an important decision

The Bill of Rights (1791)

• The 1st Amendment is about religion, speech, press, assembly, and petition
• Congress may not establish a religion
• Congress may not prohibit the free exercise of religion
• Grants freedom of the press
• Grants the right to peacefully assemble
• Grants the right to petition the government for redress of grievances
• The 2nd Amendment is about the right to keep and bear arms
• The 3rd Amendment is about the right not to quarter soldiers
• The 4th Amendment protects against illegal search and seizure, meaning police must have a proper warrant
• The 5th Amendment concerns indictment by a grand jury before a trial, and protection from self-incrimination
• The 5th Amendment means that citizens cannot be subject to double jeopardy, and has the right to due process of law before punishment
• The 5th Amendment includes the right to own private property and protection from eminent domain -- Government may not take private property unless it serves a legitimate public purpose and it must pay a fair price for the property seized
• The 6th Amendment guarantees the right to a speedy, public trial with an impartial jury
• The 6th Amendment includes the right to have witnesses and to cross-examine hostile witnesses
• The 6th Amendment includes the right to have an attorney at every stage in the criminal process
• The 7th Amendment discusses the right to trial by jury in civil cases heard by federal courts
• The 8th Amendment refers to no excessive bail and no cruel or unusual punishment
• The 9th Amendment states "unenumerated rights" are reserved to the people that are not listed in the Constitution
• The 10th Amendment reserves power to the states