March 31st, 2015 The Constitution of the United States of America (1787) - The Constitution was a spare document, providing few details about how the U.S. government would run itself. o It explained the rough organization of the three branches, how they would interact with the states, and how the document could be amended.  Filling in the details was left to future leaders. Article I- The longest article in the Constitution vests legislative power in the Senate and the House of Representatives. o It described the organization of Congress and lists its specific powers, known as enumerated or delegated powers.  Through the necessary and proper clause (also called the elastic clause), Congress can make laws needed to carry out its enumerated powers. - Article I also lists the power denied to Congress and the states. Article II - This article deals with the executive branch and describes the election of the president (and vice president), the qualifications for holding the office, and the procedures if a president can no longer serve. o The powers of the president include serving as commander in chief of the army and navy, making treaties, and, with the “advice and consent of the Senate,” appointing ambassadors, officials, and Supreme Court justices.  The president is required to periodically report to Congress on the state of the union, can propose legislation, and can call Congress into special session. Article III - This article established the Supreme Court and authorizes Congress to establish lower federal courts. o The types of cases the courts have jurisdiction over are given, and a provision is made for the right to trial by jury.  While not specifically stated, the power of the courts to declare a law unconstitutional is implied. Article IV - The full faith and credit clause requires that the legislative and judicial actions of one state be honored by the other states. o Additionally, a citizen of any state has the same privileges as citizens of all the other states. Article IV also provides for adding new states to the union, guarantees each state a republican form of government, and ensures protection against invasion or domestic violence. Article V - The process for amending the Constitution is described. o The states are responsible for ratifying amendments. Article VI - The Constitution, the laws of the United States, and treaties entered into by the United States are the supreme law of the land. o This is known as the supremacy clause. Article VII - Approval by conventions of nine of the states was required to ratify the constitution.The Constitution of the People’s Democratic Republic of Korea (1942)- The Socialist Constitution of the Democratic People’s republic of Korea is the constitution of the Democratic People’s Republic of Korea (DPRK), commonly known as North Korea. o It lays out the framework of the national government and the functions of the ruling state party, the Workers’ Party of Korea in relation to the Cabinet and Parliament.  The constitution is divided into 166 articles, split between three sections. History - Previous Constitutions were adopted in 1948, 1972, 1992, and 1998. o The Constitution currently in force dates from 2012. 1948 Stalin Constitution - The original North Korean constitution was devised by the Soviet Union. o Joseph Stalin personally edited the constitution alongside Terentii Shtykov, de facto Soviet governor of North Korea, In Moscow.  Some articles were later rewritten by Soviet supervisors. 1972 Revision - Proposing a DPRK new constitution had been discussed as early as 1960. o However, in the changing international environment made North Korea could no longer postpone a constitutional revision.  This can be seen in Kim Il-sung’s speech at the first session of the fifth Supreme People’s Assembly on December 25, 1972. - “Our realities today urgently demand the establishment of a new socialist constitution legally to consolidate the great achievementsof our people in the socialist revolution and building of socialism and lay down principles for the political, economic, and cultural spheres in socialist society”  Under the new constitution, Kim Il-sung became the President of the DPRK. - He became the head of state serving as commander of the armed forces and chairman of the National Defense Committee, he had the power to issue edicts, grant pardons, and conclude or abrogate treaties. o Under the old constitution, there was no one designated as the head of state.  The chairman of the Presidium of the Supreme People’s Assembly represented the state which followed the Soviet Practice.2009 and 2012 Revisions - The new, amended in 2009, version of DPRK Constitution is six articles longer than in theprevious version adopted in of 1998. o Section 2 of Chapter VI “Chairman of the National Defense Commission” is entirely new and the said post was constitutionally declared to be the supreme leader of North Korea.  In Articles 29 and 40 (Economy and Culture respectively) the word “communism” was dropped. - The Constitution was again amended in 2012 during the 5th Session of the 12th Supreme People’s Assembly (SPA) to include changes in the preamble that states the legacy of KimJong-il in nation building and North Korea being a “nuclear-armed state” o Section 2 of Chapter VI, and several articles and provisions were revised accordingly due to provisions of Articles 91 and 95 that provide for constitutional amendments that are to be done by the SPA in its plenary sessions. Overview - The constitution establishes North Korea’s official name and its status as a socialist state.o Article 12 defines the country as a “dictatorship of people’s democracy” (a wording that closely follows the Chinese model of the people’s democratic dictatorship) under the leadership of the Workers’ Party.  It provides for civil and political rights, such as freedom of expression, the right to elect officials, the right to a fair trial, and freedom of religion. - It asserts the right of every citizen to work, education, food, and healthcare. - In practice, however, these results are limited by Article 81, which requires that all citizens “firmly safeguard the political and ideological unity and solidarity of the people,”and Article 82, which requires that citizens observe “the socialist standards of life.”Constitutionalism Wil Walchow Introduction - Constitutionalism o