Chapter 5 The Constitution September 26th 2014 Part 5 0 Introduction Introduction Articles of Confederation First constitution of the United States of America o Established the union of states o The articles granted limited authority to a federal government including power to wage wars conduct foreign policy and resolve issues regarding claims by the states and western lands Many leading scholars and statesmen at this time known as Federalists thought that the articles created a federal government that was too weak to survive The lack of power to tax for example meant that the federal government was frequently near bankruptcy in spite of its repeated requests to the states to put forth more money to the federal government Larger states resented the structure under the articles which gave small states an equal vote to larger states Finally the articles reserved the power to regulate commerce to the states meaning each pursed its own trade and tariff policy with other states and with foreign nations In 1786 work began in a series of conventions to rewrite the articles resulting in the adoption of the U S Constitution in Philadelphia in 1787 Bill of Rights First ten amendments to the U S Constitution adopted December 15th 1791 Part 5 1 Federalism and Preemption The Constitution The Constitution of the United States of America is the shorted and oldest written constitution still in force o 4 440 words are in the U S Constitution The Constitution s briefness is the reason that it endures to this day o Judicial interpretation has kept the meaning relevant for modern times recall debate between originalists and progressives when it comes to the Constitutional interpretation o Much of the content deals with the allocation of power among three separate and coequal branches of government Proposed EU constitution o 855 page 156 477 word o Failed to pass The Constitution cont must do Is a document of prohibition specific powers delineated o Outlines what government cannot do as opposed to what government Remains a document of structure rather than substantive law Separation of Powers Division of enumerated powers of government among separate branches o Legislative executive and judicial Judicial branch interprets the Constitution and outlines the powers of the legislature and executive branches Article I of the Constitution Establishes the legislative branch through a bicameral legislature o Bicameral Legislature That with two chambers or houses The lower House of Representatives has 435 members o Representation spread proportionately to a state s population Speaker of the House Presiding officer in the U S House of Representatives Appointed from the party that holds the majority in the House can draw a parallel here to the House of Commons in the UK Independence Hall Philadelphia 1776 Second Congressional Building Article I of the Constitution cont Senate is a smaller body called the Upper Chamber than the House of Representatives o Comprises of hundred members two from each of 50 states o Less frequent elections once in every six years o Provides advice and consent to the president o Tries impeached officials The House has the right to o Originate bills raising revenue taxation Basis for existing challenge to ObamaCare o Impeach officials for high crimes and misdemeanors Impeach To formally accuse an elected official of misconduct Article II of the Constitution Establishes the executive branch of government o Sets forth the qualifications and mechanisms for becoming president o Prescribes a specific oath of office I do solemnly swear that I will faithfully execute the Office of President of the Untied States and will to the best of my Ability preserve protect and defend the Constitution of the United States o Grants the president an almost total power over foreign affairs o The president is commander in chief of the armed forces Article I Section 8 Clause 11 Congress shall have power to declare war and make rules concerning the Captures of Land and Waters o The president is responsible for executing the laws of country faithfully Ambiguity of the Constitution Extraordinary Rendition Constitution s deliberate ambiguity on the powers of the president allowed for debate on how strong the executive branch should be o Unitary executive Theory in constitutional law that the president controls the entire executive branch totally and completely Capture and transfer of suspected criminals terrorists from one country either US or elsewhere to another for enhanced interrogation o Lawsuits attempting to find out more information about the program have been thwarted by the executive branch s claim of the state secrets doctrine State secrets Doctrine that certain information on national security is so sensitive that it cannot be disclosed in court o U S law does not preclude the United States from rendering individuals to a third country in instances where the third country may subject the rendered individual to torture The only restrictions that do exist under U S law preclude U S officials from themselves torturing or inflicting cruel and unusual punishment on individuals from a place of actual armed conflict or occupation all of which prove to be narrow limitations indeed Daniel Pines assistant general counsel at the CIA Habeas Corpus Article I Section 9 of the Constitution states that the Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it o Habeas Corpus Right to seek release from unlawful detention by petitioning a neutral judge o Habeas Corpus Suspension Act 1863 On April 27th 1861 President Abraham Lincoln in Maryland suspended the writ of habeas corpus during the American Civil War Lincoln had received word that mobs intended to destroy the railroad tracks between Annapolis and Philadelphia which was a vital supply line for the Union Companion legislation gave immunity to the President and all executive officers to civil suits that might arise from suspension of such writs Federalism and Preemption Federalism Division and sharing of power between state and federal governments Preemption Doctrine that permits federal law to trump and render unenforceable conflicting state laws o Invalidates state regulation that is passed by the majority of the voters of a state through its legislature o In the absence of direct conflict between state and federal laws the rules of preemption state that courts must look to