Chapter 2b Learning Objectives – The Constitution (continued):Core Provisions of the ConstitutionThe CongressThe Congress (continued):The Presidency“Executive” powers (explicit vs. implied):Implied (Inherent) 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’ RightsJohn Marshall & National SupremacyTemporary Assertion of States’ Rights:Evolving Nature of FederalismRecent reassertion of states’ rightsPreparation for Week 3 Classes:Key Terms:Slide 28Slide 29Backup Slides:Social Context of American Politics Chapter 3 Learning Objectives:Individual RightsSlide 33Slide 34The U.S. Constitution Tells Us:Slide 36Chapter 2b Learning Objectives – The Chapter 2b Learning Objectives – The Constitution (continued):Constitution (continued): •Describe Describe core provisionscore provisions of Constitution & its of Constitution & its key articleskey articles..•Examine Constitution's effect on protecting Examine Constitution's effect on protecting individual individual rightsrights, the inherent persistence of , the inherent persistence of status quostatus quo, and the , and the Constitution's political flexibility.Constitution's political flexibility.•Analyze Analyze FederalismFederalism & its role in US government & its role in US government •Contrast Contrast Confederal, Unitary, Confederal, Unitary, && Federal Federal gov. structures. gov. structures.•Examine conflict of Examine conflict of National SupremacyNational Supremacy vs. vs. States RightsStates Rights•Examine Examine key developmentskey developments and and Supreme Court’s Supreme Court’s rolerole in in expanding national government powers, including: expanding national government powers, including: ““necessary & propernecessary & proper” ” & & McCulloch v. MarylandMcCulloch v. Maryland..Core Provisions of the Constitution Core Provisions of the Constitution •Basic Basic rulesrules, , proceduresprocedures, & , & relationships:relationships: –CongressCongress–PresidentPresident–JudiciaryJudiciary–Interstate RelationsInterstate Relations–Amending the ConstitutionAmending the Constitution–National SupremacyNational SupremacyThe CongressThe Congress•Article I:Article I: Government’s structure for Government’s structure for representation- representation- BiBicameral Legislaturecameral Legislature–(Which is?)(Which is?)•Basic proceduresBasic procedures for Congress: for Congress:–Election requirements & member qualificationsElection requirements & member qualifications–Role of the state => Role of the state => •Determine own election rules (w/conditions)Determine own election rules (w/conditions)–Members decide who they accept Members decide who they accept •(or (or won’t acceptwon’t accept) )The Congress (continued):The Congress (continued):•Article 1Article 1: : Rules for Rules for How a bill becomes lawHow a bill becomes law::–Identical language required from both HousesIdentical language required from both Houses–Concurrent majorityConcurrent majority (?)(?)–Presidential approval or Presidential approval or vetoveto–Pocket vetoPocket veto (?) vs. (?) vs. OverrideOverride•Congressional powersCongressional powers ((section 8section 8 of Article 1 of Article 1))–DelegatedDelegated (or enumerated) (or enumerated) powerspowers•Write Tax laws, appropriate, borrow, coin $, declare WarWrite Tax laws, appropriate, borrow, coin $, declare War–Necessary & properNecessary & proper (or (or elasticelastic) clause) clause–Implied powersImplied powers (Example: establish National Bank)(Example: establish National Bank)•Constitutional Constitutional limitslimits on powers (basic prohibitions?) on powers (basic prohibitions?)–Habeas corpusHabeas corpus–No No Bills of attainderBills of attainder–No No Ex post factoEx post facto lawslawsThe PresidencyThe Presidency•Article II outlines the Article II outlines the Powers of the PresidencyPowers of the Presidency•Presidents elected by the Presidents elected by the electoral collegeelectoral college•President must be a natural born US citizen President must be a natural born US citizen •Powers of the PresidencyPowers of the Presidency have broaden over time have broaden over time–Executive Power Executive Power ClauseClause–Commander-in-Chief Commander-in-Chief Clause Clause –Laws faithfully executed Laws faithfully executed ClauseClause•The President has The President has veto powerveto power•The President can The President can call Congress to sessioncall Congress to session•Must inform Congress on the Must inform Congress on the State of UnionState of Union““ExecutiveExecutive”” powers powers ((explicit explicit vsvs. . impliedimplied):):•ExplicitExplicit ((SpecifiedSpecified==delegated=enumerateddelegated=enumerated) ) Art. IIArt. II powerspowers::–Negotiate treaties (w/Senate’sNegotiate treaties (w/Senate’s adviceadvice & & consentconsent)*)*–Appoint executive officials & judicial members*Appoint executive officials & judicial members*–Grant pardonsGrant pardons–Receive ambassadorsReceive ambassadors–Provide Provide State of UnionState of Union address to Congress address to Congress–Recommend legislationRecommend legislation–Call Congress into session or adjourn itCall Congress into session or adjourn it•How does How does explicit explicit power contrast with power contrast with impliedimplied? ?Implied (Inherent) Implied (Inherent) Powers Powers of Presidentof President•Powers President infers he has based on his broad Powers President infers he has based on his broad interpretation of interpretation of Article II’sArticle II’s ambiguous language ambiguous language–Power to direct NSA to intercept domestic phone calls?Power to direct NSA to intercept domestic phone calls?•Impact of Impact of ambiguous languageambiguous language over time over time–Provides basis for further expansion of Presidential PwrProvides basis for further expansion of Presidential Pwr•Example: expansion of Example: