Chapter 2b Learning Objectives – The Constitution (continued):Core Provisions of the ConstitutionThe CongressThe Congress (continued):The Presidency“Executive” powers (explicit vs. implied):Implied Powers of PresidentThe JudiciaryInterstate Relations (Article IV):Other Constitutional ProvisionsAmending the ConstitutionArticles VI & VII National Supremacy & RatificationThree Consequences of Constitution?1. Protection of Individual Rights:Measures to prevent majority’s threat to Individual Rights2. Bias in Favor of the Status Quo3. Political FlexibilityFederalismGovernment Structures- a contrastFederal vs. State Powers- examplesNational Supremacy vs. States’ RightsNational Supremacy, John Marshall & McCulloch v. MarylandThe Assertion of States’ RightsEvolving Nature of FederalismRecent reassertion of states’ rightsPreparation for Week 3 Classes:Chapter 2b Learning Objectives – The Constitution (continued): •Describe core provisions of Constitution & its key articles.•Examine Constitution's effect on protecting individual rights, the inherent persistence of status quo, and the Constitution's political flexibility.•Examine key developments and Supreme Court’s role in expanding national government powers, including: “necessary & proper” & McCulloch v. Maryland.•Contrast Confederal, Unitary, & Federal gov. structures.•Examine conflict of National Supremacy vs. States Rights•Analyze Federalism & its role in US government 1Core Provisions of the Constitution •Basic rules, procedures, relationships’ & Powers of the: –Congress–President–Judiciary•Core Provision Articles also address:–Interstate Relations–Amending the Constitution–National Supremacy2The Congress3•Article I: Federal Government’s structure for representation- Bicameral Legislature•Basic procedures for Congress:–Election requirements & member qualifications–Role of state => own election rules (with condition)–Members decide who they accept •(or won’t accept)The Congress (continued):•Article 1: Rules for how a bill becomes law:–Identical language required from both Houses–Concurrent majority (?)–Presidential approval or veto•What is a Pocket veto (?)–Which Congress can override (with ? majority of both Houses)•Congressional powers (section 8 of Article 1)–Delegated (or enumerated or explicit) powers•Write Tax laws, appropriate, borrow, coin $, declare War–Necessary & proper (or elastic) clause–Implied powers (for example: establish a National Bank)–Constitutional limits on powers (basic prohibitions)4The Presidency•Article II outlines the Powers of the Presidency•Presidents elected by the electoral college•President must be a natural born US citizen •Powers of the Presidency have broaden over time–Executive Power Clause–Commander-in-Chief Clause –Laws faithfully executed Clause•The President has veto power•The President can call Congress to session•President must inform Congress on State of Union5“Executive” powers (explicit vs. implied):•Explicit (or Specified=delegated=enumerated) => Article II powers:–Negotiate treaties (w/Senate’s advice & consent)*–Appoint executive officials & judicial members*–Grant pardons–Receive ambassadors–Provide State of Union address to Congress–Recommend legislation–Call Congress into session or adjourn it•How does explicit power contrast with implied? 6Implied Powers of President•Webster’s Definition: “1: enfolded or entwined. 2: to involve or indicate by inference, association, or necessary consequence rather than by direct statement…”–In other words: Powers not directly stated or indicated•Implied Powers are derived from ambiguous language–Language left open to interpretation (often contentious)•Result: presidential powers have expanded over time–Washington’s role: established precedence–FDR’s role: Great Depression & WWII•Title: Commander in Chief => implications?–Job description (Congress) or Implied power (President)? 7The Judiciary•Article III establishes the Supreme Court•Grants powers to Congress to… –Create lower Federal Courts •Sets basic rules & powers of Federal Judiciary–Judges’ tenure: good behavior (?)–Rules for removal (impeachment)•Type of cases heard by Supreme Court?–Appellate versus Original jurisdiction? 8Interstate Relations (Article IV):•Rules for Federal & State government relations•State to state relations –Requires all states to respect, honor, cooperate–No discrimination against citizens of other states•Potential implications?•Gay marriage in one state in conflict with a ban in another •Rules for admitting new states to Union•Federal guarantee of aid against invasion or domestic rebellion 9Other Constitutional Provisions •Article V - Amending Constitution:–Various methods & rules germane (Figure 2-3)*–Most used method (26 out of 27 times)•2/3 Congress propose + 3/4 State Legislatures ratify–Least used methods & why (see illustration)*•Recent time limits for amendment ratification (ERA)–(Now usually written into proposed Amendment)10Amending the ConstitutionArticles VI & VIINational Supremacy & Ratification•Article VI:–Federal laws trump state laws (most of the time)–Oath required to “preserve, protect, and defend…” –No religious test for any government office •Article VII: –Ratification (9 of 13 states)–Or… ¾ of those 12 states actually participating122. Bias toward?1. Protection of? 3. Political FlexibilityThree Consequences of Constitution?1. Protection of Individual Rights:•The Protection of Individual Rights:–Individual rights outweigh majority preferences–Balance tilts in favor to protect individual rights•What Constitutional measures are established to protect these Individual Rights from the Majority’s prefernce? 14Measures to prevent majority’s threat to Individual Rights•Separation of powers and checks & balances•Federalism –Shared powers between Federal & State Governments•Bill of Rights:–1st Amendment Freedoms–4th through 8th Protections–13th Amendment – expanding citizenship rights–15th, 19th, 24th, 26th Amendments - voting rights –14th Amendment (AKA: “The Second Bill of Rights”)•Application of Bill of Rights’ freedoms & protections to state •Example: Establishment clause versus Free Exercise–Significance & relevance to what