The Constitution

September 17th, 1787:

Final document is signed by 39 of the delegates

• Constitution Day

Founding Fathers completed their work and now they have to submit it to the states so it can be ratified

Purpose of the Constitution: to limit what the government can do. But that’s not really happening.

Preamble:

The Preamble lists the reasons that the 13 original colonies separated from their mother country, and became an independent nation.

The preamble is the introduction to the Constitution. It outlines the general goals of the framers: to create a just government and to ensure peace, an adequate national defense and a healthy, free nation.

The U.S. Supreme Court held in 1905 (Jacobson v. Massachusetts) that the preamble is not a source of federal power or individuals’ rights. Rather, all rights and powers are set out in the articles and amendments that follow.

“We the People of the United States,in Order to form a more perfect Union,

• establish Justice = make good government & laws

• insure domestic Tranquility, = peace in our homes

• provide for the common defense = national security

• promote the general Welfare = healthy communities

• and secure the Blessings of Liberty =*freedom
  *to ourselves and our Posterity = *family & friends

• *do ordain and establish = *give authority

• *this Constitution =*the supreme law of the land
  *for the United States of America.”

Article one:

Legislative Branch: the U.S. Congress makes/passes the laws for the United States.

• Congress has two parts, called "Houses,"

  • the House of Representatives

  • the Senate.

    • Power to Pass Laws

      • Section 1: The framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches.

        • The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together.

        • also requires that Congress be bicameral, that is, it should be divided into two houses, the Senate and the House of Representatives.

          • The creation of two legislative bodies reflected a compromise between the power of the states and the power of the people.

          • The number of seats in the House of Representatives is based on population. The larger and more urban states have more representatives than the more rural, less-populated states.

      • Section 2 specifies that the House of Representatives be composed of members who are chosen every two years by the people of the states.

        • Short terms to keep control

          • There are only three qualifications to be a house representative:

            • Must be at least 25 years old,

            • Have been a citizen of the United States for at least seven years

            • Must live in the state from which he/she is chosen.

          • Congress must determine how many representatives (at least one required) are to come from each state and how federal resources are to be distributed among the states. The Constitution set the number of House members from each of the original 13 states that was used until the first census was completed.

          • When a House member dies or resigns during the term, the governor of that state may call for a special election to fill the vacancy. The House of Representatives chooses its own speaker, who is in line to become president, if neither the president nor the vice president is able to serve.

            • Vacancies in the house: hold election

            • Vacancies in State: No election

              • Vacancies in house of rep: the governor of state chooses who takes over.

              • Also depends when it happens.

                • Governor can choose if they want to run an election or not because elections are expensive.

          • Lastly, this section specifies that only the House of Representatives holds the power of impeachment.

      • Section 3: But since the adoption of Amendment XVII (17), senators have been elected directly by the voters of their states

        • To be a senator, a person must be

          • more than 30 years old,

          • must have been an American citizen for at least nine years

          • must live in the state he or she represents

        • Six year terms divided into 3 classes

          • 1st Class: 2nd year

          • 2nd Class: 4th year

          • 3rd Class: 6th year

            • Senatorial elections are held on a staggered basis so that one-third of the Senate is elected every two years. If a senator leaves office before the end of his or her term, Amendment XVII (17) provides that the governor of his or her state sets the time for an election to replace that person. The state legislature may authorize the governor to temporarily fill the vacant seat.

        • Vice President of U.S. is also president of the Senate

          • But they are not a senator

          • Normally don’t have a vote, but can vote as a tiebreaker of a proposed bill or nomination

        • The Senate also chooses officers to lead them through their work. One is the president pro tempore (president for a time), who presides over the Senate when the vice president is not available and, as is the Speaker of the House, is in the line of succession should the president or the vice president be unable to serve.

        • Although the House of Representatives brings charges of impeachment to remove a president, vice president or other civil officer, such as a federal judge, it is the Senate that is responsible for conducting the trial and deciding whether the individual is to be removed from office. The chief justice of the U.S. Supreme Court presides over the impeachment trial of a president. The senators act as the jury and two-thirds of those present must vote for removal from office. Once an official is removed, he or she may still be prosecuted criminally or sued, just like any other citizen.

      • Section 4: gives state legislatures the task of determining how congressional elections are to be held.

        • Ex: determines scheduling of an election, how voters may register and where they may cast their ballots.

      • Congress has the right to change state rules and provide national protection for the right to vote.

      • Congress determines how frequently it will meet. The Constitution provides only that it meet at least once a year.

        • “be on the 1st Monday in December” (changed by amendment 20 to January 3rd at Noon. “duck amendment”)

      • Section 5

        • The House of Representatives and the Senate are each in charge of deciding whether an election of one of their members is legitimate. They may call witnesses to help them decide. Similarly, the House and Senate may establish their own rules, punish members for disorderly behavior and, if two-thirds agree, expel a member (on rare occasions)

        • To do business, each chamber needs a quorum, which is a majority of members present. A full majority need not vote, but must be present and capable of voting.

        • Both bodies must keep and publish a journal (congressional record) of their proceedings, including how members voted. Congress may decide that some discussions and votes are to be kept secret, but if one-fifth of the members demand that a vote be recorded, it must be.

        • Neither the House nor the Senate may close down or move proceedings from their usual location for more than three days without the other chamber’s consent.

          • Can’t work together? Go home.

      • Section 6

        • Members of Congress are to be paid for their work from the U.S. Treasury.

          • Create their own salaries (around $250,000)

          • Amendment XXVII (27) (useless/worthless) prohibits members from raising their salaries in the current session, so congressional votes on pay increases do not take effect until the next session of Congress.

            • deal with opposition in the public

          • also protects legislators from arrests in civil lawsuits while they are in session, but they may be arrested in criminal matters. To prevent prosecutors and others from using the courts to intimidate a legislator because they do not like his or her views, legislators are granted immunity from criminal prosecution and civil lawsuits for the things they say and the work they do as legislators. (preventing corruption)

          • prohibits a senator or representative from holding any other federal office during his or her service in Congress.

            • One position and one position only

      • Benefits they have:

        • Private offices

        • healthcare

        • investigative travel (junkies)

        • office staff (at home and in Washington D.C)

      • Section 7

        • The House of Representatives must begin the process when it comes to raising and spending money. It is the chamber where all taxing and spending bills start.

          • Bills involving money are made in the House ONLY

          • The Senate can offer changes and must ultimately approve the bills before they go to the president, but only the House may introduce a bill that involves taxes.

        • When proposed laws are approved by both the House and Senate, they go to the president. If the president signs the bill, it becomes law at the time of the signature, unless the bill provides for a different start date. If the president does nothing for 10 days, not including Sundays, the bill automatically becomes law, except in the last 10 days of the legislative term. In that time, the president can use a “pocket veto”; by doing nothing, the legislation is automatically vetoed.

        • If the president does not like the legislation, he or she can veto the bill, list objections, and send it back for reconsideration by the chamber where it originated. If the president vetoes a bill, the bill must be passed again with the votes of two-thirds of the House and the Senate for it to become law.

        • Congress also may change the bill to make it more acceptable to the president. Although, for political reasons, presidents are cautious about vetoing legislation, the threat of a veto will often press members of Congress to work out a compromise. Similarly, if Congress has the ability to override a veto, it is likely the president will make every effort to compromise on the issue.

      • Bills that have to deal with money/taxing originate at the House

      • Bearer Bonds: Whoever has it (high risk)

      • Signature bonds: whoever’s signature is on it (much more secure, less interest)

      • Securities: huge amounts of $. Mainly foreign investors buy them. Work the same as bonds.

        • Loans to gov. that are paying you back plus interest

          • Advantages: small denominations, no risk.

          • Disadvantages: long term investments, interest rates are too low. They should be at 15% - 30%.

      • Section 8

        • Has 18 clauses (necessary and proper crap)

          • specifies the powers of Congress in great detail

          • These powers are limited to those listed and those that are “necessary and proper” to carry them out. All other lawmaking powers are left to the states.

            • The most important of the specific powers that the Constitution enumerates is the power to set taxes, tariffs and other means of raising federal revenue, and to authorize the expenditure of all federal funds.

            • Amendment XVI (16) authorized Congress to establish a national income tax.

            • The power to appropriate federal funds is known as the “power of the purse.”

            • The federal government borrows money by issuing bonds. This creates a national debt, which the United States is obligated to repay.

              • Sale bonds at Face Value.

                • Hold until it matures and the gov. pays you it back + interest when you return it.

          • Congress often relies on power granted by the commerce clause, which allows Congress to regulate business activities “among the states.”

            • The commerce clause gives Congress broad power to regulate many aspects of our economy and to pass environmental or consumer protections because so much of business today, either in manufacturing or distribution, crosses state lines. But the commerce clause powers are not unlimited.

              • In recent years, the U.S. Supreme Court has expressed greater concern for states’ rights. It has issued a series of rulings that limit the power of Congress to pass legislation under the commerce clause or other powers

          • Congress has the power to coin money, create the postal service, army, navy and lower federal courts, and to declare war. Congress also has the responsibility of determining naturalization, how immigrants become citizens. Such laws must apply uniformly and cannot be modified by the states.

Article 2: Executive Branch: the President, Vice-President, Cabinet, and Departments under the Cabinet Secretaries carry out the laws made by Congress.

• Power to Enforce Laws

Article 3: Judicial Branch: the Supreme Court decides court cases according to US Constitution. The courts under the Supreme Court decide criminal and civil court cases according to the correct federal, state, and local laws.

• Power to interpret / apply laws

Article 4: States' powers: States have the power to make and carry out their own laws. State laws that are related to the people and problems of their area. States respect other states laws and work together with other states to fix regional problems.

• Section One:

  • states respect and honor the state laws and court orders of other states, even when their own laws are different.

    • Loving vs. Virginia (mid 50s): test of Full Faith and Credit.

  • gives Congress the power to determine how states recognize records and laws from other states and how they enforce each others’ court orders.

    • Reciprocal agreements: Pass the bar in one state, practice in another

      • TX does not have reciprocal agreements for NM

• Section Two:

  • guarantees that states cannot discriminate against citizens of other states. States must give people from other states the same fundamental rights it gives its own citizens.

  • establishes rules for when an alleged criminal flees to another state. It provides that the second state is obligated to return the fugitive to the state where the crime was committed.

    • Procedure of extradition

      • Fugitives do not need to have been charged with the crime in the first state in order to be captured in the second and sent back. Once returned, the state can charge the accused with any crime for which there is evidence.

  • Amendment 14 clears up privileges and immunities (DreadScott upheld clause)

• Section 3:

  • Congress can admit new states into the Union, but a single state cannot create a new state within its boundaries.

    • In addition, two states, or parts of states cannot become states without the consent of the various state legislatures and Congress.

  • Not all of the lands that are owned or controlled by the United States are states. Some lands are territories, and Congress has the power to sell off or regulate the territories.

    • gives Congress the power to set rules for lands owned by the United States, such as the national parks and national forests.

  • The last sentence of this clause makes sure that nothing in the Constitution would harm the rights of either the federal government or the states in disputes over property.

• Section 4:

  • it ensures that each state be run as a representative democracy, as opposed to a monarchy (run by a king or queen) or a dictatorship (where one individual or group of individuals controls the government).

    • 1787: prohibits representation of republican form of gov.

  • gives Congress the power (and obligation) to protect the states from an invasion by a foreign country, or from significant violent uprisings within each state.

    • Will the army protect all states? Yes

      • was a major concern for small states

  • It authorizes the legislature of each state (or the executive, if the legislature cannot be assembled in time) to request federal help with riots or other violence.

    • Legislature of state or executive (if leg. is not in session) can request assistance

      • Not the Federal Govs problem unless the states ask of help

Article 5: Amendments: The Constitution can be changed. New amendments can be added to the US Constitution with the approval by a two-thirds vote in each house of Congress (67 and 290) and three-fourth vote by the states (38).

• establishes the amendment process.

  • An amendment can be offered in one of two ways:

    • when two-thirds of the Senate (67 of 100 senators) and two-thirds of the House of Representatives (290 of 435 representatives) call for a change to be made

    • or when two-thirds of the states (34 of 50 states) call for a national constitutional convention (a gathering of representatives of each state) to make a change.

  • Once the amendment is proposed, three-fourths of the state legislatures or state conventions (38 of 50 states) must vote to approve (ratify) the change. An amendment becomes effective when the necessary states have ratified it.

  • the three-fifths compromise contained in Article I, Section 9 remained in place until 1808 when Congress banned the international slave trade.

    • Needed slaves for economy

Article 6: Federal powers: The Constitution and federal laws are higher than state and local laws. All laws must agree with the US Constitution.

• Often referred to as the supremacy clause, this article says that when state law is in conflict with federal law, federal law must prevail.

  • In these lawsuits, the Supreme Court generally looks at whether Congress has established a national regulatory scheme and if so, states cannot regulate in that area.

  • In all of these cases, the supremacy clause ensures that federal law takes priority over, or preempts, state law. The prioritizing of federal over state powers is known as the “doctrine of preemption.”

    • All Debts: feds and English borrowed money

    • Honoring our debts. Have to pay it back!

    • Treaties are the supreme law of the land

    • States can do whatever as long as it doesn't violate treaties, the constitution, and laws of the land

  • provides that both federal and state officials— including legislators and judges— must obey the U.S. Constitution (state officials have a duty to obey their own state constitutions and laws as well)

  • To ensure freedom of religion, this article ensures that no public official be required to practice or pledge allegiance to any particular religion.

    • senators/representatives have to support constitution.

    • They do not have to be religious to work with government, but they do have to respect it.

Article 7: Ratification: The Constitution was presented to George Washington and the men at the Constitutional Convention on September 17, 1787, Representatives from twelve out of the thirteen original states signed the Constitution. From September 1787 to July 1788, the states meet, talked about, and finally voted to approve the Constitution.

• All of the states, except Rhode Island held conventions to ratify the Constitution, although North Carolina’s convention adjourned without voting on the document. Delaware was the first state to ratify the Constitution in 1787 and New Hampshire became the ninth state to ratify on June 21, 1788.

• The new government began with the convening of the first federal Congress on March 4, 1789. Both North Carolina (in 1789) and Rhode Island (in 1790) ratified the Constitution after Congress passed the Bill of Rights and sent it to the states for ratification.

Class Notes

• Federalist: Pushing for the constitution

1. More effective national government

2. Army

3. There will be an executive

4. A system of national courts (where states resolve controversies)

5. Rules for commerce (more likely to make profits/be successful)

   Anti Federalist: Opposing the constitution

   1. Stronger national gov at the expense of the state

      State vs. National Gov

   2. Under the original document, there’s no bill of rights.

      It ends with article seven

   3. No mention of God

      Godless.  Was it by accident?  No.

   To answer criticism, writers add the amendments (bill of rights)

   First 10 were not in the original document, but they added them in order for the states to ratify

   • 1st state to ratify: Delaware (1787)

   • 9th state to ratify: New Hampher (1788)

   The four who did not ratify: they are left out of the U.S.

   • Can we survive not being a part of the U.S.?

     • Virginia and New York were not in the first 9 and they were critical to the survival of the United States

       • Center of Commerce

Amendment 18: Alcohol is illegal. (Prohibition). January 16, 1919.

• prohibited the making, transporting, and selling of alcoholic beverages

• national temperance movement

  • During prohibition, it is estimated that alcohol consumption and alcohol related deaths declined dramatically.

  • prohibition encouraged disrespect for the law and strengthened organized crime. Prohibition came to an end with the ratification of Amendment 18 on December 5, 1933 when Utah became the 36 state to ratify 21st amendment

Amendment 21: Alcohol is legal. Each state can make laws about making, selling, and drinking alcohol. 1933.

• returned the regulation of alcohol to the states. Each state sets its own rules for the sale and importation of alcohol, including the drinking age.

• Because a federal law provides federal funds to states that prohibit the sale of alcohol to minors under the age of twenty-one, all fifty states have set their drinking age there. Rules about how alcohol is sold vary greatly from state to state.