CM5 Constitution PDF

Next week class 6 (Oct 21) will be on ZOOM. Repeat: Next week (week 6 October 21) will be online via ZOOM. The zoom link will be found on Madoc You will still be able to come to our classroom and use this room if you would like I will make an audio recording and upload it to Madoc for a...

Next week class 6 (Oct 21) will be on ZOOM. Repeat: Next week (week 6 October 21) will be online via ZOOM. The zoom link will be found on Madoc You will still be able to come to our classroom and use this room if you would like I will make an audio recording and upload it to Madoc for anyone who does not have the technology to follow online. Please tell all your friends who are in this class but are not here today. The U.S. Constitution Lecture 5 1. The Adoption of the Constitution The 13 original colonies Virginia (1607), Massachusetts (1620), New Hampshire (1623), Maryland (1632), Connecticut (1635), Rhode Island (1636), Delaware (1664), North Carolina (1653), South Carolina (1663), New Jersey (1664), New York (1664), Pennsylvania (1681), Georgia (1732). Tensions erupted (1770s) ▪ Taxes ▪ No representatives in the British Parliament = « No taxation without representation »  Declaration of Independence July 4, 1776 War of Independence (1776-1783) “all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.”  “Governments are instituted among Men, deriving their just powers from the consent of the governed.” Constitutional Convention Philadelphia 1787 Political sovereignty FEDERALISTS Vs ANTI-FEDERALISTS Autocratic Prevent the advent of tyranny British monarchical system COMPROMISE: separation of powers & federalism 2. Separation of Powers  Three branches LEGISLATIVE BRANCH Bicameral Congress (Article I) House of Representatives Congressional district 435 members for 2 years proportional to population Senate 100 members for six-year terms Every two years, reelection of 1/3 2 Senators per state  Role: pass law 118th Congress -See ‘How a bill becomes a law’ on MADOC  EXECUTIVE BRANCH President, Vice-President, Cabinet Art. II: the President ‘shall take care that the Laws be faithfully executed’ The President’s expressed powers are : ▪ In Legislation: Power to participate in legislative process (approves / vetoes legislation) Wields “executive power” (executive orders) To see that all the laws are properly executed ▪ In Foreign Policy: Makes treaties (with congressional approval) To receive Ambassadors and other public Ministers ▪ In Domestic Policy: To appoint, remove and supervise all executive officers and to appoint all federal judges To grant reprieves and pardons ▪ Commander-in-Chief January: State of the Union speech  JUDICIAL BRANCH Role: decide on trial cases Supreme Court related to federal law 13 U.S. Courts of Appeals 94 U.S. States District Courts  U.S. Supreme Court (Art. III) 1/last court of appeal 2/examines constitutionality of legislation Judicial review Ketanji Brown Jackson The Supreme Court as composed October 27, 2020 to June 30, 2022. Front row, left to right: Associate Justice Samuel A. Alito, Jr., Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Stephen G. Breyer, and Associate Justice Sonia Sotomayor. Back row, left to right: Associate Justice Brett M. Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, and Associate Justice Amy Coney Barrett. Justice Breyer (front row) announced his resignation in 2022. Ketanji Brown Jackson (see her picture above right) was appointed as 9th Justice by Joe Biden and took office on June 30th.  Historic Supreme Court Decisions Brown vs Board of Education of Topeka – 1954 Plessy vs Ferguson – 1896 Roe vs Wade - 1973  Current Supreme Court John Roberts (Chief Justice) 2005 George W. Bush (R) Clarence Thomas 1991 George H.W. Bush (R) Samuel Alito Jr 2006 George W. Bush (R) Sonia Sotomayor 2009 Barack Obama (D) Elena Kagan 2010 Barack Obama (D) Neil Gorsuch 2017 Donald Trump (R) Brett Kavanaugh 2018 Donald Trump (R) Amy Coney Barrett 2020 Donald Trump (R) Ketanji Brown Jackson 2022 Joe Biden (D) 3. Federalism  FEDERALISM The sharing of power between the federal (i.e. national) government and the states’ governments (Art. IV) ‘divided sovereignty’ 50 states: federation autonomy  Federal State’s enumerated powers Include: Printing money Regulating interstate and international trade Declaring war Making treaties and conducting foreign policy  States’ reserved powers 10th Amendment to the U.S. Constitution Include: drinking age school curricula capital punishment (with federal limitations)  Separation of powers at the state level LEGISLATIVE: state Congress JUDICIARY: state courts EXECUTIVE: governor 4. Amendments to the U.S. Constitution Reputed for its adaptability Ratified by 3/4th of the states within a specific time period 18th Amendment – established Prohibition 21st Amendment – repealed Prohibition Only 27 Amendments  Bill of Rights (1791) Includes: 1st amendment: Freedom of speech and freedom of religion. 2nd amendment: Right to bear arms. 5th amendment: Right to fair trial.  Awarding rights 13th amendment (1865): Ending slavery in the U.S. 14th amendment (1868): Birthright citizenship 15th amendment (1870): Right to vote for black men. 19th amendment (1920): Right to vote for women.  Controlling power 22nd Amendment: limiting presidential terms to two F.D.Roosevelt (1933-1945) But, failed amendments: e.g. Equal Rights Amendment (ERA) Backbone Functioning Valued as a symbol Individual rights