Chapter 4: The United
States Constitution
7th Grade Civics
PREVIEW
Examine the outline of the Constitution.
Then answer these questions in your
notebook:
1. What observations can you make about the
way the framers organized the Constitution?
2. Which branch of government did the
framers give the greatest number of specific
(expressed) powers to? What might be some
reasons for that?
3. What inferences can you make about how
the framers intended to distribute power
within the federal government?
4.1: Introduction
• Which constitutional right did Lopez claim he had been violated?
• Due Process, guaranteed by the 5th and 14th amendment.
• What is Due Process?
• Requires that those accused of a crime be given a fair hearing and the chance to
defend themselves.
• What rights did Goss v. Lopez help define?
• The rights of students.
4.2: Elements of the Constitution
• Constitution provides:
• Basic framework for American government
• Guarantees rights and freedoms
• Constitution is a 3 part document:
1.
2.
3.
Preamble
The Articles
The Amendments
• The Constitution is the “Law of the Land”
• It is the oldest written constitution still in use anywhere in the world.
The Preamble Sets the Purpose
• Defines the broad purposes of the republican government
created by the Constitution.
• It begins with “We the people”, signifying that power
comes from the people, not the states.
The Preamble Sets the Purpose
• The Preamble goes on to set various goals for the nation under the
Constitution. These goals are expressed in a series of key phrases.
1.
2.
3.
4.
5.
6.
“Form a more perfect union”
“Establish justice”
“Ensure domestic tranquility”
“Provide for common defence”
“Promote general welfare”
“Secure the blessing of liberty to ourselves and our posterity”
• What do these phrases mean? (page 64-65)
The Articles Establish Our National Government
• The main body of the Constitution consists of
seven (7) articles divided into sections and
clauses.
• The first three (3) articles establish the
legislative, executive, and judicial branches
of government.
• The remaining four (4) articles cover various
subjects, including relations among the
states, the supremacy of national law, and
the amendment process.
Article I Establishes the Legislative Branch
• Sets up Congress as the lawmaking body in government. It also describes the two
(2) chambers (bicameral) of Congress.
• Describes elections, terms, and qualifications for members of Congress.
• Article I, Section VIII - Lays out some powers granted to Congress.
• Enumerated Powers - Powers specifically listed in the Constitution (E.g.: power to collect
taxes, coin money, and declare war)
• Implied Powers – those not listed in the Constitution but that the legislature can claim as part
of its lawmaking responsibility. Congress can “make all laws which shall be necessary and
proper” for carrying out its duties. (This is known as the Necessary and Proper Clause, also
known as the Elastic Clause because it can be “stretched” to cover a variety of issues and
circumstances)
• Section IX - Lists powers denied to Congress. (E.g.: suspension of habeas corpus and the granting
of titles of nobility)
Habeas Corpus - right of accused persons to be brought before a judge and hear charges against
them.
Legislative Branch [Senate & House of Representatives (below)]
Article II Establishes the Executive Branch
• Led by President and Vice
President.
• Describes terms, elections,
qualifications, and defines the
powers of the President.
• Powers of President:
1. Command armed forces.
2. Make treaties.
3. Appoint other executive
officials.
Article III Establishes the Judicial Branch
• Creates the Supreme Court, while
leaving Congress to create lower
courts.
• Defines the jurisdiction (i.e.: types
of cases that can be tried) of the
federal courts.
• Establishes trial by jury in criminal
cases and defines the crime of
treason.
Article IV Concerns Relations Among the States
• Has four (4) sections which make the following key points:
1. Full faith and credit - Each state must honor laws and court decisions of other
states.
2. Treatment of citizens - Cannot discriminate against other states’ residents.
3. New states and territories - Only Congress can authorize the creation of new
state.
4. Protection of states • National government guarantees each state a republican form of government.
• Promises to protect states from outside attack.
• If requested, will help state put down internal rebellions.
Article V Describes the Amendment Process
• The framers understood that it might be necessary to make
changes to the Constitution from time to time.
Article VI Makes the Constitution the Supreme
Law of the Land
• It states that the Constitution is the “Supreme Law of the Land”.
• This section is known as the Supremacy Clause - Federal law
supersedes all state and local laws.
• When federal and state laws conflict, federal law reigns supreme.
• It stipulates that all federal and state officials must swear
allegiance to the Constitution.
Article VII Explains the Ratification Process
• Stipulates that the
Constitution must be
ratified by nine states
to take effect.
4.3: Amending the Constitution
• The framers never meant for the Constitution to provide a complete
detailed blueprint for government.
• Alexander Hamilton noted in 1788, “Constitutions should consist only of
general provisions: The reason is, that they must necessarily be permanent,
and that they cannot calculate for the possible changes of things.”
• The Constitution has broad statements and leaves political leaders to work
out details.
• Article V of the Constitution details the amendment process.
The Amendment Process
• The amendment process was purposely made difficult.
• Over 11,000 amendments have been introduced to Congress, with 33 making it to the
states for a vote for ratification, and only 27 being ratified.
• The President plays no role in the amendment process.
The First 10 Amendments: The Bill of Rights
1. Basic freedoms
(religion, speech, assembly, press,
and petition)
2.
3.
4.
5.
Right to bear arms
Quartering of soldiers
Search and seizure
Rights of the accused
(eminent domain)
6. Right to a fair trial
7. Civil trials
(civil case)
8. Bail and punishment
9. Rights retained by the people
10. States’ rights
Two Early Amendments Strengthened the New
Federal Government
• 11th: Protects states from
lawsuits by citizens of
other states or foreign
countries (1795).
• 12th: Changed voting
procedures in the electoral
college (1804).
Three Civil War Era Amendments Extended
Rights to African Americans
Four Progressive-Era (early 1900s) Amendments
Dealt with Social and Political Reform
• 16th: Established federal income tax
• 17th: Direct election of senators
• 18th: Instituted prohibition
(banning the sale of alcohol)
• 21st: Repealed 18th amendment (prohibition)
• 19th: Women's suffrage
Four 20th Century amendments Addressed
Governance
• 20th: Changed the start date of Presidential
and Congressional terms – Known as the
“lame duck” amendment.
• 22nd: Limited presidents to two terms.
• 25th: Succession of presidency in case of a
president’s death or disability.
• 27th: Pay raises for Congress does not go into
effect until the next congressional election.
Three Civil Rights - Era Amendments
Extended Voting Rights
• 23rd: Allowed District of Columbia residents
to vote for the president (currently elect 3
members of electoral college).
• 24th: Banned poll taxes.
• 26th:Lowered voting age from 21 to 18 (due
to Vietnam War).
4.4: Guiding Principles of the Constitution
• The Constitution is durable. It has survived,
with relatively few changes, for more than
two (2) centuries.
• It ensures stability and continuity in American
political life.
• It also established a limited government.
Establishing a Limited Government
• The framers’ main goal was to create a system of
limited government.
• They knew that absolute power could lead to the
abuse of peoples’ rights and that the lack of
government power could lead to chaos and
instability.
Establishing a Limited Government
• The Constitution is based on 6 guiding principles:
1. Popular Sovereignty - power lies not with the government, but with the people.
2. The Rule of Law – the citizens and the government abide by a system of laws.
3. Separation of Power - three (3) branches allows for the protection against one branch
becoming too powerful (checks and balances). E.g.:
• The President can make treaties, but must be approved by the Senate through a 2/3 vote.
• The Senate can block appointment of ambassadors, Supreme Court Justices, and executive officers.
• Veto power – the President can veto bills passed by Congress.
• With a 2/3 vote in the review process of a bill, the law can become official without the President’s
signature.
Establishing a Limited Government
4. Federalism - Divides power between National Government and State
Governments.
Creates 3 types of powers:
1.
Delegated Powers - Powers granted to the national government.
• Regulating immigration, making treaties, and declaring war.
2.
Reserved Powers - Powers kept by states.
• Marriage/divorce laws, issue driver’s licenses, and establish public school system.
3.
Concurrent Powers – Powers shared by the national and state government.
• Taxation and law enforcement.
Establishing a Limited Government
5. Independent Judiciary - Protects against abuses of the system by self-interested
parties.
• Judges serve for life.
• Tenure and secure salary insulate federal judges from political pressure and influence.
6. Individual Rights
• Bill of Rights.
4.5: Interpreting the Constitution
• The Supreme Court has the ultimate
power to interpret, or establish the
meaning of, the Constitution.
• Through its decisions, it helps define
the limits of constitutional rights and
powers.
The Process of Judicial Interpretation
• When judges are asked to apply the Constitution to a legal issue,
they look at five (5) sources of information:
1. Text - exact wording of the Constitution
2. The original intent of the framers (i.e.: what they meant or were trying
to achieve when they debated and wrote the constitution).
3. Court precedent - past decisions by the Supreme Court
4. The practical consequences for society of a particular interpretation.
5. Basic moral and ethical values.
Strict Construction: Looking at the Text
• Literal reading of the Constitution (originalism)
• It holds that the original language of the Constitution and the
intent of the framers must serve as the primary guides to judicial
interpretation.
• E.g.: Justice Antonin Scalia (2005) - “the Constitution is not a
living organism… it’s a legal document and like all documents, it
says some things and doesn’t say others.” “I do believe you
[should] give it the meaning it had when it was adopted”
Loose Construction: Adapting the
Constitution to Today
• Flexible reading of the Constitution (interpretivism)
• It holds that moral values and social consequences must be
taken into account in interpreting the Constitution.
• E.g.: Supreme Court Justice William J. Brennan Jr. (1985) “We current Justices read the Constitution in the only way
we can: as Twentieth Century Americans.”
Marbury v. Madison
• Case brief summary:
• William Marbury had been appointed a justice of the peace for the District of
Columbia in the final hours of President Adams’ administration. When James
Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury’s
commission, Marbury, petitioned for a writ of mandamus compelling delivery of his
commission.
• Chief Justice John Marshall, writing for a unanimous Court, denied the petition
and refused to issue the writ. Although he found that the petitioners were entitled
to their commissions, he held that the Constitution did not give the Supreme Court
the power to issue writs of mandamus. Section 13 of the Judiciary Act of 1789
provided that such writs might be issued, but that section of the act was
inconsistent with the Constitution and therefore invalid.
Marbury v. Madison
• Established the principle of judicial review - This principle grants
the Supreme Court the power to declare acts of Congress, the
executive branch, and the states unconstitutional.
• This principle is not stated directly in the Constitution, it is implied
in Article III, which outlines the Court’s judicial powers.
• It allows citizens to challenge in court any law or government action
that they believe violates the Constitution.
McCulloch v. Maryland
• Case brief summary:
• In 1816, Congress chartered The Second Bank of the United States. In
1818, the state of Maryland passed legislation to impose taxes on the
bank. James W. McCulloch, the cashier of the Baltimore branch of the
bank, refused to pay the tax.
• In a unanimous decision in favor of McCulloch, the Court held that
Congress had the power to incorporate the bank and that Maryland
could not tax instruments of the national government employed in the
execution of constitutional powers.
McCullough v. Maryland
• Judge Marshall argued that the federal government’s power to establish a bank,
though not specifically cited in the Constitution, was supported (implied) by the
Elastic Clause in Article I, Section 8 (which allows Congress to make all laws that
are “necessary and proper” to carry out its duties, like the power to tax, borrow
money, and regulate commerce).
• “No state has the power to tax the federal government. Such power would make
state law superior to federal law.”
• The Constitution is the Supreme Law of the Land (Supremacy Clause).
United States v. Nixon
• Case brief summary:
• During the 1972 presidential campaign, burglars broke into the Democratic national
campaign headquarters, located in the Watergate complex in Washington D.C.
• Evidence tied up the break in to President Nixon. The Senate discovered that Nixon
had made secret tape recordings of his conversations in the Oval Office. The Senate
and the prosecutor asked the president to hand over the tapes. Nixon refused
claiming an executive privilege (i.e: the right to keep internal discussions and
documents of the White House private).
• In 1974, the Supreme Court decided unanimously that the president had to surrender
the Watergate tapes. Chief Justice Warren Burger acknowledged that presidents have
an executive privilege, however, it must be considered in light to the Rule of Law.
United States v. Nixon
• Faced with the prospect of
impeachment, Nixon resigned.
• This case demonstrated that no one,
not even the president, is above the
law.
Goss v. Lopez
• Nine students, including a student named Dwight Lopez,
were suspended from Central High School (Columbus,
Ohio) for 10 days for destroying school property and
disrupting the learning environment. In fact, Lopez testified
that at least 75 other students were also suspended from his
school on the same day.
• Dwight Lopez claimed that he was just an innocent bystander
and that his constitutional right to Due Process was violated.
Goss v. Lopez
• This case held that a public school must conduct a hearing
before subjecting a student to suspension or expulsion. The
Court held that a suspension or expulsion without a hearing
violated the Due Process Clause.
• You have the right to be notified of the charges against
you, have a hearing with the opportunity to hear the
evidence against you. You must also be allowed to present
your side of the story before an impartial person.