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 1 Core 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 Supremacy 2 The Congress 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 3 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 4 The 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 Union 5 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 6 Implied 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 7 The 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 8 Interstate 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 9 Other 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 10 Amending the Constitution Articles VI VII National 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 of those 12 states actually participating 12 Three Consequences of Constitution 1 Protection of 2 Bias toward 3 Political Flexibility 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 14 Measures 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 contentious issue Pray in Public Schools 15 2 Bias in Favor of the Status Quo Obstacles to change Process for getting a bill through Congress before it becomes law Those in favor of the status quo only has to win once to block But advocates of change have to win every time Impact on majority s desires Winners vs losers examples School prayer Flag Bill ERA Stem Cell Research 16 3 Political Flexibility Amending Constitution difficult but not impossible How many adjustments have been made thus far General language facilitates changing interpretations Adjusted IAW changing modern times Ambiguity allowed expansion of Presidential powers Reliance on good judgment of future elected officials Silence on practical aspects of government Details on Executive branch structure omitted Political parties never mentioned now considered essential Founders enabled future leaders to adapt Constitution Needs expectations of governed in changing times 17 Federalism Federalism Constitution s Vertical Dimension Three different forms of governments Confederal Unitary Federal Be able to contrast the different types of government structures Central state government relationships Different sources of power Examine differences more closely as illustrated in next few sides Also see Text figure 2 4 18 Government Structures a contrast Top Down State Centered Power Shared Power denied granted shared figure 25 Federal