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 Analyze Federalism its role in US government Contrast Confederal Unitary Federal gov structures Examine conflict of National Supremacy vs States Rights Examine key developments and Supreme Court s role in expanding national government powers including necessary proper McCulloch v Maryland Core Provisions of the Constitution Basic rules procedures relationships Congress President Judiciary Interstate Relations Amending the Constitution National Supremacy The Congress Article I Government s structure for representation Bicameral Legislature Which is Basic procedures for Congress Election requirements member qualifications Role of the state Determine own election rules w conditions 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 Pocket veto vs Override Congressional powers section 8 of Article 1 Delegated or enumerated powers Write Tax laws appropriate borrow coin declare War Necessary proper or elastic clause Implied powers Example establish National Bank Constitutional limits on powers basic prohibitions Habeas corpus No Bills of attainder No Ex post facto laws 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 Must inform Congress on the State of Union Executive powers explicit vs implied Explicit Specified delegated enumerated Art 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 Implied Inherent Powers of President Powers President infers he has based on his broad interpretation of Article II s ambiguous language Power to direct NSA to intercept domestic phone calls Impact of ambiguous language over time Provides basis for further expansion of Presidential Pwr Example expansion of presidential powers w time Washington s role established precedence FDR s role Great Depression WWII Title Commander in Chief major implications Job description or Implied Inherent power Truman during Korea Bush in War on Terror 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 Interstate Relations Article IV Rules for Federal State government relations Section 1 full faith credit Congress to prescribe manner in which done State to state relations Requires all states to respect honor cooperate No discrimination against citizens of other states Example marriage and divorce recognized by all Rules for admitting new states to Union Federal guarantee of aid against invasion or domestic rebellion 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 Time limits for amendment ratification ERA Usually written into proposed Amendment 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 1 states of total states Same required for ratification of what else Three Consequences of Constitution 1 Protection of Individual Rights 2 Bias toward Status Quo 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 Majority 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 of those accused of crimes 13th Amendment expanding citizenship rights 15th 19th 24th 26th Amendments voting rights 14th Amendment The Second Bill of Rights application of freedoms protections to States Establishment clause versus Free Exercise Significance relevance to what contentious issue 2 Bias in Favor of the Status Quo Obstacles to change Process for getting a bill through Congress Status quo only has to win once block Advocates of change has to win every time Impact on majority s desires Remember the rules are biased in this case in favor of the minority Winners vs losers examples School prayer Flag Bill ERA 3 Political Flexibility Amending Constitution is difficult But not impossible How many adjustments have been made thus far Constitution s general language facilitates changing interpretations of its wording 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 essential Founders enabled future leaders to adapt Constitution To needs expectations of governed in changing times Federalism Federalism Constitution s Vertical Dimension Three different forms of governments Confederal Unitary Federal Contrast of different types of gov structures Central state government relationships Different sources of power Illustrated differences See figure 2 4 Government Structures a contrast Top Down State Centered Power Shared Power denied granted shared figure 25 Federal vs State Powers examples What major issue arose from this Federal government structure National Supremacy vs States Rights John Marshall s