MGT 340 - Chapter 2

The Constitution

Limited Federal Government Theory

Federal government has specific and limited power set forth in the Constitution

Roles of the Constitution

Structure, Relationships, and Protection

Structure of the Constitution

Enumeration of each Federal branch’s powers

Relationships in the Constitution

Designed to ensure Federal and State governments get along, as well as the different States.

What does the Constitution protect?

Procedures by creating supplementary rights and protections

6 Goals of the Framers (Preamble)

1\. Form a more perfect union. 2. Establish justice. 3. Ensure domestic tranquility. 4. Provide for the common defense. 5. Promote the general welfare. 6. Secure the blessings of liberty.

Protection Theory

Constitution is designed to protect citizens from the government

Checks and Balances

Goal is for all three branches to be equal

7 Articles of the Constitution

Three Branches, State Relationships, Constitutional Amendments, Supremacy Clause, Ratification Process

Article One - Legislative Branch

Creates Congress and enumerates its powers

What is Congress?

Meeting of elected officials that create Statutory law

Made up of the Senate and the House of Representatives

Details of Senators

6 year terms, 2 senators per state

Details of Representatives

2 year terms, number of representatives varies based on population

Powers of Congress

Spend and Tax, Borrowing, Regulating Commerce, Coin Money, Post Offices, Declarations of War

Article Two - Executive Branch

Creates the President and enumerates his powers

What does the President do?

Enforces the law and guides the country

Details of the President

4 year terms for an elected office, based on the electoral college

Powers of the President

Commander in Chief, Creating treaties, State of the Union

Article Three - Judicial Branch

Creates Federal Courts and Enumerates their powers

What is the Supreme Court?

Ultimate interpreters of US law, life position

Congress and President’s role in Supreme Court

Inferior Courts are created by Congress, and Judges are appointed by the President

Article Four - State Relationships

Contains the Full Faith and Credit as well as the Privileges and Immunities Clause

Full Faith and Credit Clause

States need to respect and uphold the laws and judicial decisions of other states.

Privileges and Immunities Clause

States must treat citizens of other states the same as you treat citizens of their own state.

Article Five - Constitutional Amendments

Congress proposes, Convention votes in order to protect equal suffrage of the states

Article Six - Supremacy Clause

Constitution, laws, and treaties made in the US are the laws of the land.

In all law-based conflicts, Federal > State

Article Seven - Ratification of the Constitution

Laid out the methodology by which the government ratified the original constitution

Commerce definition

Broadly, it covers channels, instrumentalities, as well as articles and people moving in commerce

Interstate

Between the states

Instrastate

Within one state

Commerce clause gives Congress what power?

The power to regulate interstate commerce

Police power is what?

The ability of states to promote public health, safety, and welfare by regulating the people and property in its jurisdiction

What was established in the first article?

Freedom of Religion, Freedom of Speech, Freedom of Press, Peaceable Assembly, Redress and Grievances

Establishment Clause

Separation of church and state

Free Exercise Clause

Freedom of citizens to practice religion without interference from the government

Can and Cant’s of Free Speech

Can regulate content, can’t regulate context (meaning public places)

What isn’t protected under Freedom of Speech?

Slander, defamation, and incitation of violence

Commercial Speech protections

To some extent, especially political speech by businesses

The 2nd amendment

Right to bear arms

The 3rd amendment

No soldier can be housed

The Fifth amendment

Due Process, Takings Clause

Due Process explanation

Cannot be deprived of life, liberty, or property without Due Process

Takings Clause says the government can take what?

Private property for Public Use, needs just compensation

Physical takings

Land, etc and it requires just compensation

Regulatory takings

regulation interfering with use of land, rent cap, not requiring just compensation

The Ninth Amendment

More rights than what is Specifically set out in the Constitution

The Tenth Amendment

Limited Federal power, States have inherent powers

The Fourteenth Amendment

Constitutional Protection, Due Process clause, Equal Protection clause

Constitutional Protection

Protects us from State and Local governments as well as the Federal government

Two parts of Due Process Clause

Procedural and Substantive

How Due Process affects our Procedural laws

Notice requirement, and opportunity to be heard

How Due Process affects our substantive laws

Free from laws that interfere with basic freedoms and rights that we have

Equal Protection Clause

Government is to treat people/entities that are similarly situated the same.

Where is Privacy in the Constitution

Based primarily on the ninth amendment, but not really in there