The Constitution = SUPREME Law of the Land
Case Name:
Issue:
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Facts of the Case:
Question:
Finding:
I.
First Amendment, protest demonstrations
criminal, First Amendment, flag desecration, freedom of speech
In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American
flag as a means of protest against Reagan administration policies. Johnson was tried
and convicted under a Texas law outlawing flag desecration.
Is the desecration of an American flag, by burning or otherwise, a form of speech
that is protected under the First Amendment?
In a 5-to-4 decision, the Court held that Johnson’s burning of a flag was protected
expression under the First Amendment. The Court found that Johnson’s action fell
into the category of expressive conduct and had a distinctively political nature. The
fact that an audience takes offense to certain ideas or expression, the Court found,
does not justify as prohibitions of speech.
Navigation 101: Getting Around The Constitution
A.
Article I: Outlines the Legislative Branch
1.
Splits the responsibility between a bicameral (two house) legislature.
2.
The House of Representatives is defined first as the body most directly
responsible to the people.
3.
The Senate, its make-up based on equal representation, joins in a partnership with
the House in passing laws.
4.
The rules of impeachment of government officials are also outlined in Article I.
B.
Article II: Outlines the Executive Branch
1.
Although not specifically defined, the president’s major responsibility is to
administer and execute the public policies of the United States.
2.
3.
4.
5.
6.
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Texas v. Gregory Lee Johnson, 491 U.S. 397 (1989) - Rehnquist
The inherent power includes those powers that the president exercises that grow
out of the existence of the national government, explains the power of the
presidency.
By signing congressional legislation into law, the president assumes the
responsibility of enforcing the laws of the land.
Reference is also made to the president’s authority in the area of foreign policy.
This article also outlines the mechanics of the electoral college and determines its
procedures in the case where a candidate does not receive a majority of the
electoral votes.
It refers to executive departments, though it does not specifically mention the
president’s cabinet or the federal bureaucracy.
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Constitution Lecture Notes
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C.
II.
Article III: Outlines the Judicial Branch.
1.
This article is the most vague regarding the qualifications of its members.
2.
It refers to one Supreme Court and the manner in which cases get there.
3.
The authority of judicial review was not given in the Constitution; instead, it was
established in the landmark case of Marbury v. Madison.
4.
The scope of the court system and the jurisdiction of the court system is defined.
5.
This article also defines treason, and provides for a range of penalties, including
death, if a person is convicted of the crime.
Principles of the Constitution
The Constitution is the Supreme Law of the land. It stands above the laws of the National Government
and the laws of the State Governments. It contains the six purposes of government (why our
government exists as seen in the preamble) AND sets up the guidelines for how our government is
maintained.
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A.
Popular Sovereignty
1.
People are the only source of governmental power.
2.
Government can govern only with the consent of the governed.
3.
Sovereign people created the Constitution and the government.
B.
Limited Government a/k/a rule of law
1.
Government may do only those things that the people have given it the power to
do.
2.
The government and its officers are always subject to the law / constitutional
principles; they are never above the law.
3.
The government must be conducted according to constitutional principles (a/k/a
constitutionalism). If a government action denies someone fair and equal
treatment under the law, it may be declared unconstitutional.
C.
Separation of Power
1.
The Constitution distributes the powers of the National Government among
Congress (legislative branch), the President (executive branch), and the courts
(judicial branch).
a.
Congress – the lawmaking branch.
b.
The President – the law-executing, law-enforcing, law-administrating
powers.
c.
The Federal Courts – interpret and apply the laws of the U.S. in cases
brought before them.
2.
The Framers of the Constitution created a separation of powers in order to limit
the powers of the government and to prevent tyranny – too much power in the
hands of one person or a few people.
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Constitution Lecture Notes
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D.
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Checks and Balances
1.
Each branch of government is subject to a number of constitutional restraints by
the other branches; i.e., each branch as certain powers with which it can check the
operations and balance the power of the other two.
a.
Executive Branch checks the Judicial Branch by appointing Supreme Court
Justices and other federal judges.
b.
Executive Branch checks the Legislative Branch by vetoing legislation,
calling special sessions, recommending legislation, and appealing to the
people.
c.
Legislative Branch checks the Judicial Branch by creating lower courts,
removing judges through impeachment, and the Senate’s approval or
rejection of appointment of judges.
d.
Legislative Branch checks the Executive Branch by making laws, creating
agencies and programs, appropriating funds to carry out laws and
programs, overriding vetoes with two-thirds votes, removing the
President through impeachment, and Senate approval of treaties and
presidential appointments.
e.
Judicial Branch checks the Executive Branch by being appointed for law
and therefore being free from executive control AND declare executive
actions to be unconstitutional.
f.
Judicial Branch checks the Legislative Branch by declaring acts of
Congress being unconstitutional.
2.
Although there have been instances of spectacular clashes between branches,
usually the branches of government restrain themselves as they attempt to
achieve their goals.
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Constitution Lecture Notes
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E.
Judicial Review
1.
The power of the courts to decide whether government acts are constitutional
2.
Was established through the landmark case Marbury v. Madison (1803).
3.
In most cases the judiciary has supported the constitutionality of government
acts; but in more than 130 cases, the courts have found congressional acts to be
unconstitutional (illegal, null and void, of no force and effect), and they have
voided thousands of acts of State and local governments.
4.
Power of judicial review is held by all federal courts and most state courts
(specifically those with records of the proceedings).
F.
Federalism
1.
Federalism is the division of political power among the national government and
50 state governments.
2.
United States federalism originated in American rebellion against the edicts of a
distant central government in England.
3.
Federalism is a compromise between a strict central government and a loose
confederation, such as that provided for in the Articles of Confederation.
4.
Federalism’s major strength is that it allows local action in matters of local
concern, and national action in matters of wider concern.
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