US Constitution - PDF

CHAPTER 5: The CONSTITUTIONAL CORNERSTONE (Pages 72 – 109) A CONSTITUTION FOR THE AGES Chief Justice John Marshall observed that the Constitution was designed “to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” (Page 73) CONTENT: 1. PRACTICAL...

CHAPTER 5: The CONSTITUTIONAL CORNERSTONE (Pages 72 – 109) A CONSTITUTION FOR THE AGES Chief Justice John Marshall observed that the Constitution was designed “to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” (Page 73) CONTENT: 1. PRACTICAL CHARACTERISTICS (Pages 73-74) - Realistic View of Human Nature (Page 73) - Constitutional Interpretation (Page 74) - The Amendment Process (Page 76) 2. FOUNDATIONAL PRINCIPLES (Pages 78-84) - Limited Government (Page 79) - Separation of Powers (Page 79) - Checks and Balances (Page 80) - Judicial Review (Page 81) - Federalism (Page 82) - Popular Sovereignty (Page 83) - Conclusion (Page 84) 3. THE UNITED STATES CONSTITUTION (Pages 85-109) - Amendment i: freedom of expression - Amendment ii: the right to bear arms - Amendments iv: no unreasonable searches and seizures - Amendment v: rights of the accused - Amendment vi: rights of the accused in criminal trials - Amendment vii: rights of citizens in civil trials - Amendment viii: no cruel, unusual, or unjust punishment - Amendment ix: unspecified rights of the people - Amendments x: reserved rights of the states or the people - Amendment xv: black voting rights - Amendment xviii: prohibition - Amendment xix: women’s suffrage - Amendment xxi: repeal of prohibition - Amendment xxvi: eighteen-year-old vote I. PRACTICAL CHARACTERISTICS (Pages 73-74) - This Constitution is the earliest-written constitution, and it remains the oldest one in continuous use. - The Constitution’s success is due to the founders’ understanding of human nature and the document’s inherent adaptability. REALISTIC VIEW OF HUMAN NATURE (Page 73) - The Constitution’s framers recognized human’s desire for freedom and their capacity to govern, but they also had a clear understanding of some people’s tendency to abuse power and trust. - The distrust of human nature: the realization that people tend to misuse and be corrupted by power led America’s founders to include certain safety checks to prevent the concentration and abuse of power. CONSTITUTIONAL INTERPRETATION (Page 74) - America’s Constitution has been a success because of its ability to adapt to society changes, which comes from its inherent need for a degree of interpretation. - The Constitution is a guide rather than a detailed manual for governing. - STRICT Constitutionalists: those who believe that any interpretation should be kept to a minimum. - BROAD Constitutionalists: those who take a broader and sometimes more creative approach to constitutional interpretation - Constitutional interpretation has contributed to both (1) the document’s durability and (2) the controversy surrounding the national charter. - Congress also has a role in adapting the Constitution to the nation’s needs. - The “necessary and proper clause” (NB!) was added to give Congress the authority to do its job completely. Article I, Section 8, Clause 18, authorizes Congress “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by [the] Constitution in the government of the United States.” - Congress puts the Constitution into practice by writing laws, establishing programs, and appropriating funds to meet national demands within constitutional guidelines. - Presidential actions also apply, expand, and adapt the Constitution. Long-standing executive precedents may carry the weight of law although they are not specifically spelled out in the Constitution. THE AMENDMENT PROCESS (Page 76) - The AMENDMENT PROCESS is a more formal means of adapting the Constitution to meet changing needs. - TWO MAJOR PHASES: 1. PROPOSAL: the formal introduction of an amendment in Congress - either by a two-thirds vote in both houses of Congress - or by a special national convention of two-thirds of the state 2. RATIFICATION: the formal approval process; a state-level responsibility - either by the approval of three-fourths of the states’ legislatures - or of three-fourths of a special state ratification conventions - Generally, the Congress sets a seven-year time limit in which an amendment must be ratified, or it expires. - Of the twenty-seven amendments that have passed ratification, the first ten amendments, known as the BILL OF RIGHTS, were added in 1791 and were closely tied to the original ratification effort. - Amendments provide a means of permanently fixing laws that have a widespread popular support or correcting major deficiencies in the operation of the national government. Day 10 2 II. FOUNDATIONAL PRINCIPLES (Pages 78-84) - LIMITED GOVERNMENT (Page 79): the government does not have an absolute power, but rather is limited to those powers that the people have given it through law. No one is above the law. - SEPARATION OF POWER (Page 79): the constitution divided the power into 3 separate branches with intersecting responsibilities: - legislative branch (congress): makes the laws - executive branch (president): executes and enforces laws - judicial branch (court): interpret the laws - CHECKS AND BALANCES (Page 80): if there were only one division of power in the national government, one branch could expand its powers within its rightful sphere and dominate the other branches. That is why check and balances is important. Checks and balances exist within the branches of the government and between the government and the people. ADVANTAGE: prevent the concentration of power or tyranny of only one branch of the government EXAMPLE: Congress may pass a law, and the president can reject (veto) it. On the other hand, congress has the power to impeach the president as well. DISADVANTAGE: make the system inefficient by creating gridlocks. EXAMPLE: When different parties control different branches of the government, there is more incentive to use the check and balances for political purposes that can prevent a branch from functioning properly. - JUDICIAL REVIEW (Page 81): the judicial branch’s power to review the constitutionality of laws passed by the legislative branch or of actions taken by the executive branch. Laws or actions that contradict the judicial interpretation of the constitution can be struck down. - FEDERALISM (Page 82): the division of power between national and state levels of government. NATIONAL GOVERNMENT’S POWER: regulate trade between states, the power to declare war STATE LEVEL GOVERNMENT’S POWER: have their own laws and police, run their own schools SHARED POWER: taxes can be raised at all levels of government (national, states, and local). - POPULAR SOVEREIGNTY (Page 83): people are the ultimate source of their government’s authority. The principle of popular sovereignty is expressed in the constitution through representation (allows the people to have a voice in their government through their elected officials) and amendment provisions. 3 Keesee, K. (2014) American Government, 3rd Edition. BJU Press: Greenville, South Carolina 4. III. THE UNITED STATES CONSTITUTION (Pages 85-109) PREAMBLE: Describes the purpose of the document. We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty and prosperity, ordains and establishes the constitution for the United States of America. ARTICLE I: THE LEGISLATIVE BRANCH: deals with the legislative branch of the government whose primary function is to make laws. This power belongs to congress, which has an upper house, the senate, and a lower house, the house of representatives. ARTICLE II: THE EXECUTIVE BRANCH: deals with the executive branch of the government whose primary function is to carry out the nation’s laws. This power belongs to the president. ARTICLE III: THE JUDICIAL BRANCH: the function of the judicial branch has been to interpret the law. This power was established through the principle of judicial review which allows the supreme court to rule on the constitutionality of federal laws. The supreme court is the nation’s highest court, and lower courts are created by congress. The judicial power extends to all cases. 4 AMENDMENTS TO THE CONSTITUTION Amendment I: Freedom of Expression: Ensures five freedoms: 1. Religion 2. Speech 3. Press 4. Assembly 5. Petition Amendment II: The Right to Bear Arms: forbids congress to infringe on citizens’ right to keep weapons. Amendments IV: No Unreasonable Searches and Seizures: guarantees the privacy of homes from illegal searches. Authorities must present a search warrant before conducting legal searches or seizures. Amendment V: Rights of The Accused: Ensures that no citizen can be forced to give evidence against himself. In a trial, a grand jury (citizens) determines whether there is enough evidence against the accused to warrant a jury trial for guilt or innocence. Amendment VI: Rights of The Accused in Criminal Trials: an accused person has the right to see and face his accuser and his witnesses. Amendment VII: Rights of Citizens in Civil Trials: a person who is involved in a lawsuit in any court case involving money or property valued over twenty dollars can demand a trial and jury (a group of randomly selected members of society who meet certain qualifications) Amendment VIII: No Cruel, Unusual, or Unjust Punishment: outlawed physical abuses (whipping, branding, etc.). It is the court’s right to decide when bail and fines are excessive and when punishments are cruel or unusual. Amendment IX: Unspecified Rights of The People: if the constitution does not list a specific right, that right may nonetheless exist. Amendments X: Reserved Rights of The States or The People: some rights of the people and states do not exist within the constitution, and the federal government cannot take away those rights unless the constitution forbids them. Reconstruction Amendments (XIII-XV): ratified just after the civil war (the most important ones are listed): Amendment XV: Black Voting Rights: gave African-Americans the right to vote. Amendment XVIII: Prohibition: banned the manufacture, sale, or transportation of liquor to stop the production and distribution of alcohol. It was repealed by amendment XXI in 1933. Amendment XIX: Women’s Suffrage: gave women the right to vote Amendment XXI: Repeal of Prohibition: repealed amendment XVII: prohibition Amendment XXVI: Eighteen-Year-Old Vote: eighteen-year-olds are eligible to vote for federal and state elections. 5 Keesee, K. (2014) American Government, 3rd Edition. BJU Press: Greenville, South Carolina