Many Choices, One Community
•
HLS combines the remarkable scope of a world-class research institution with the intimacy and
collegiality of the first-year section experience and hundreds of small seminars, reading
groups, and independent writing and research opportunities. Harvard’s size is a great source of
strength. It permits us to have a truly diverse student body drawn from across the nation and
around the world. It also gives us a global alumni network, an unmatched course catalogue
and library collection, and an active faculty engaged in teaching and research in dozens of
different disciplines.
•
From the very first day, your Harvard experience will be much more about your small group
than about the big lecture halls of some undergraduate schools. Orientation will introduce you
to your 1L sections with fewer than 80 students. Many faculty section leaders have social
events for their sections before the coursework even begins. You’ll then join your 39-person
Legal Research and Writing section, where one of our Climenko Fellows will provide you with
the practical lawyering tools you need for your summer employment and beyond.
Chapter 9
The Constitution: A More Perfect
Union
CONTSTITUTIONAL GOVERNMENT Course 512
• Three Branches of Government Rap
• http://www.youtube.com/watch?v=ZCB8EOY5
d48
• School House Rock- Preamble
• http://www.youtube.com/watch?v=30OyU4O
80i4
• School House Rock- 3 Branches of
Government• http://www.youtube.com/watch?v=x5M50xBz
1cU
9.1
Introduction
• Framers wanted to
create a central
government that would
be strong and lasting
but not so strong that it
endangered citizens
freedoms.
• They wanted it to be simple
and organized…
• IT is divided into sections or
articles.
• Article I- Legislative Branch
• Article II- Executive Branch
• Article III- Judicial Branch
• Article IV- Relations Among the
States
• Article V- Amending the Constitution
• Article VI- National Supremacy
• Article VII- Ratification of the
Constitution
• Bill of Rights (Amendments)
9.1
Introduction
9.1 Introduction
• The Constitution is
flexible and includes
procedures for
changing.
• The Constitutions
flexablity is its strength.
9.2 The Preamble
• Explains the reasons for
the new government.
• Begins with famous
words… “We the
People…”
• Popular Sovereigntygovernment's authority
comes for the people.
• 1. Establish Justice- rule by
laws not by kings.
• 2. Domestic Tranquilitypeace & order w/in the
country.
• 3. Provide for the Common
Defense- protect against
foreign enemies.
• Promote General Welfaresupport economy & society.
• Secure the Blessings of
Liberty to ourselves and out
Posterity.”- Protect the
freedoms of generations of
the future.
9.2 The Preamble
9.2 The
Preamble
• The framers want a strong
central government…but
are afraid b/c of their
experience with kings.
• But if the central
government is to weak they
are afraid b/c of their
experience with Shays’
Rebellion & problems with
the Articles of
Confederation.
• Must create a “balance”
How are they going to create this
“balance”?
• School House Rock- I’m Just a Bill
• http://www.youtube.com/watch?v=VxT7QjlvD
qM
9.3 Legislative
Branch
• Article I of the the
Constitution gives the
power to make laws to
the legislative branch.
• 2 part Congress– House of Rep
– Senate
Capitol Building, Washington D.C.
9.3 Legislative Branch
Senate
House of Representative
• 2 from each state- balance
the large & small states.
• Based on population- based on
census taken every 10 years.
(set at 435)
• 6 year terms
• 2 year terms
• 30 years old
• 25 years old
• Citizen for 9 years
• Citizen for 7 years
• Elected by the people
• Elected by the people.
House of Rep. (435)
9.3 Legislative Branch
Congress makes the Laws/Taxes.
House of Rep
Senate
• New Taxes can only come
from the house…if a
majority approves goes to
senate
• Senate debates new
taxes…if both approve the
tax it goes to the pres.
The Pres. Can approve
or veto.
The congress can over-ride the pres.
…but must have 2/3 majority (super
majority.)
9.3 Legislative Branch
Congress makes the Laws/Taxes.
House of Rep
Senate
• Any member can propose
new law (called a bill.) Must
be approved in both House
& Senate.
• Any member can propose
new law (called a bill.) Must
be approved in both House
& Senate.
The Pres. Can approve
or veto.
The congress can over-ride the pres.
…but must have 2/3 majority (super
majority.)
9.3 Legislative Branch
Other Powers
• Make the LAWS
• Propose taxes & amendments to
the Constitution.
• Approves Presidential
Appointments
• Pay government debts
• Decide how to spend tax money.
• Grant citizenship.
• Approve funds for laws and
programs
• Est. Federal courts
• Approve treaties
• Elastic clause- can make any laws
that seem necessary to carry out
powers.
• Declare war
• Raise army or navy.
• Impeachment
• School House Rock- Electoral College• http://www.youtube.com/watch?v=oyIFqf3XH
24
9.4 Executive
Branch
• Article II gives the
power to enforce or
execute the laws to the
chief executive…
• the Pres.
• The Pres is elected by the
electoral college.
9.4 Executive
Branch
• The electoral college is
based on population.
• House of Rep + Senators =
number of Elector college.
• Pres must win a majority of
the electoral college.
• (magic no. 270 Electoral
Votes)
%
%
Simple Majority
• House of Rep + Senator = # of Electoral college.
Mississippi
• 2 Senators + 4 Representatives in the House= 6 Total
Electoral College Map 2012
Qualifications To Be Pres.
• 4 year term
• Can only serve 2 terms
• At 35 years old
• Must be natural born citizen
• Natural born citizen- born in
the U.S. or born out the U.S.
but one or both parents are
U.S. Citizens that have lived in
the U.S.
Powers
• Enforce laws & defend
constitution
• Commander of armed
forces.
• Make treaties & formal
agreements w/consent
from senate
• Nominates ambassadors,
supreme court judges
• Veto
• Grant pardons
Departments
• Pres. has special
departments to help him
manage all his
responsibilities.
• For Example– State Department
– Justice Department
– Department of Health
The Head of Each Department
makes up the Cabinet.
How many cabinet members?
15
http://answers.yahoo.com/question/index?qid=20070102215111AAGgu58
Impeachment/Removing the Pres.
• The Pres. is not above the
law.
• The House of Rep. can
vote to impeach.
• The Senate puts the
President on trial..the
Senators serve as the jury.
2/3 (Supermajority)
• 2/3 majority of the Senate
to remove
Removing the Pres.
• Can be removed for “bribery,
treason, or other ‘high
crimes’”.
• Andrew Johnson 1868-Tenure
of Office Act.
• Bill Clinton 1998- Lying to
Grand Jury.
• (Nixon ‘73 & ‘74)- Watergate
2/3 (Supermajority)
9.5 Judicial Branch
• Article III- gives the power
to judge the laws to the
judicial branch
• They have to
judge/interpret wither
laws & actions of the
government are in
conflict with the
Constitution.
Supreme Court,
Washington D.C.
Powers
• Judge & Interpret Laws
• Review Lower-court
decisions
• Judges whether laws and
executive actions are
constitutional
• Rules on cases between
states.
There are 2 lower
courts.
– District
– Appellate (appeal)
– District Courts cover
several states.
– If you want a
decision appealed
you go to appellate
court…you want to
go higher after that
you go to Supreme
Court.
Lower or Inferior
Federal Courts
The Last Stop
• The Supreme Court is
the last stop…all
decisions are final.
• Congress has set the
size at 9.
• Justices usually serve
for life…but can be
removed
The Last Stop
• Lawyers ask the
Supreme Court to
review thousands of
cases, but they usually
on consider about 100.
• And only if they think a
lower court decision
conflicts with the
Constitution or a federal
law.
• Roe vs. Wade
Famous Supreme
Court Decisions
• Miranda vs. Arizona
• Brown vs. Board of
Education of Topeka
• Dred Scott vs. John F.A.
Sandford
• Engel v. Vitale (1962)
Roe vs. Wade
Keeps Congress & the Pres. In Check
• Judicial Review- the
power of the
Supreme Court to
decide whether laws
and acts made by
the legislative &
executive branches
are unconstitutional.
9.6 Checks & Balances Between the
Branches
• The Framers were
concerned about the
balance between strong
national government and
individual freedoms.
• They developed a system
of Checks & Balances.
9.6 Checks & Balances Between the
Branches
• This system allows one
branch to check or block
the actions of another
branch.
• These checks and balances
keep any one branch of
the federal government
form being to strong.
• It is one of the most
important features of the
U.S. government system.
9.7 The Amendment Process
• The framers knew that
the Constitution would
need changing over
time…
• The made it changeable
but very difficult.
• Article V- describes
changes can be made
9.7 The Amendment Process
1. Congress may propose
a change (2/3 vote from
both houses)…
• or
2. Congress can call a
National Convention if
2/3 of states legislatures
want a change.
But wait…there’s more!
Must be ratified (approved)
• 1. may be approved by
the legislatures in ¾ of
the states…
• Or
• 2. by special
conventions in ¾ of the
states.
But wait…there’s more!
No Just Kidding.. that’s it.
• Then it can become a part
of the Constitution.
• More that 10,000
amendments to the
Constitution have been
proposed over the years.
• Only 27 have been
approved.
• The first 10 (Bill of Rights)
• Plus 17 one-at-a-time
Amendments that have been added
that you need to have memorized…
13th- Slavery is illegal.
19th- Women’s Suffrage (Vote)
26th- all citizens over 18 have
the right to vote.
9.8 The Federal System
Federalism:
• The framers
wanted to
establish a
strong national
government
where states
are still able to
keep significant
powers.
• (Shared Powers)
Commerce Clause
• The National
Government has
the power to
regulate
interstate
commerce.
• The U.S. is a freetrade zone
between states.
Review- The Preamble
• “We the People..”
• Popular Sovereigntyauthority comes directly
form the people.
Review- The legislative Branch
• Article I of the Constitution
creates a bicameral Congress
with a House of
Representatives and a Senate.
• Every state is represented by
two senators.
• Representation in the House is
based on a state’s population.
• Congress’s primary ob is to
make laws.
Review- Executive Branch
• Article II creates a the executive
branch.
• The head of the executive branch
is the president.
• The presidents serves a four-year
term and may be reelected once.
• The president carries out laws
passed by Congress.
• Other powers of the president
include making treaties and
appointing Supreme Court
justices.
Review- Judicial Branch
• Article III establishes the
Supreme Court and gives
Congress the power to create
lower courts.
• Supreme Court decisions are
binding on all lower courts.
• The power of judicial review
allows the Supreme Court to
decide whether laws and
actions by the legislative and
executive branches are
unconstitutional.
Review- Checks and Balances
• The framers developed a
system of checks and
balances that enables
each branch of
government to limit, or
check, the power of the
other two branches.
• The Constitution provides
checks and balances in
the powers of each
branch.
Review- The Amendment Process
• Article V outlines the
process by which
amendments can be
made to the Constitution.
• Twenty-seven
amendments have been
added.
• The first ten amendments
form the Bill of Rights.
Review- The Federal System
• The Constitution
creates a federal
system of
government in which
power is shared
between the national
government and the
states.