The Constitution
DO NOW
During a visit to South Africa in
2012, Supreme Court Justice
Ruth Bader Ginsburg said she
"would not look to the U.S.
Constitution” if she were
drafting a constitution today.
What problems might you
anticipate with the US system
of government that would lead
her to suggest an alternative?
Learning objectives
• To describe the historical origins and sources of the
US Constitution
• To explain the basic principles of the US Constitution
and the process of constitutional amendment
• To evaluate the concepts of separation of powers
and checks and balances
• To watch some more ‘West Wing’
Homework
• Prepare for our first themed quiz on Thursday, June
25th
• The quiz will focus on the US presidential election
The Constitution
• The United States Constitution was created on
September 17, 1787.
• It was ratified (approved) on June 21, 1788
The Constitution
The twin aims of the Constitution are:
• To resist tyranny
• To promote liberty
& opportunity
How would you ensure that your
government achieved these aims? Think
about the design of each of the three
branches of government and the
relations between them.
Confederate government
• The term ‘United States’ at first only
loosely described the new republic
• 1781-89 the states formed a
confederacy, governed by the
articles of Confederation (1781)
• This created a national government
with a single house of congress, no
president and no judiciary
• Confederate government was weak:
it could not enforce laws on states or
resist threats from abroad.
The Constitutional Convention (1787)
State
# delegates
Connecticut
3
Delaware
5
Georgia
4
Maryland
5
Massachusetts
4
New Hampshire
2
New Jersey
5
New York
3
North Carolina
5
Pennsylvania
8
South Carolina
4
Virginia
7
Rhode Island
0
TOTAL
55
Architects of the Constitution
Building blocks of the Constitution
• Two Treatises of Government (1689) by
John Locke. It covers the idea that every
man is created equal under God.
• The Spirit of the Laws (1748) by Baron de
Montesquieu. This book talked about
separation of powers and
constitutionalism.
• Social Contract (1762) by Jean Jacques
Rousseau. This talked about the more
efficient way to set up political
community. Government should be of
the people.
• Commentaries on the Laws of England
(1765-69) by William Blackstone. This book
gave rights and wrongs of people in a society.
Was about the common law of England.
Different proposals
Virginia Plan
• Two chamber
legislature
• Strong
executive
• National
judiciary
New Jersey Plan “Connecticut
Compromise”
• Single chamber • Two chamber
legislature
legislature
• Weak executive • Weak executive
• Limited
• Limited
national
national
judiciary
judiciary
(appointed by
(appointed by
the executive)
the executive)
The Constitution (1787)
We the People of the United States, in Order to
form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defence, promote the general Welfare,
and secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish this
Constitution for the United States of America.
The Constitution
Preamble
The Introduction
Articles
The Main Body
Amendments
Changes
• Form a more perfect
union
• Establish Justice
• Insure domestic
tranquillity (peace)
• Provide for the common
defence
• Promote the general
welfare
• Secure the blessings of
liberty (freedom)
• Seven articles create the
three branches of
government, e.g.
• First 10 – Bill of Rights
(1791) – ensure that the
national government will
protect personal
freedoms
• 11-27 constitutional
changes, e.g. 13th (1865)
abolishes slavery; 15th
(1870) gives non-whites
voting rights; 19th (1920)
gives women voting
rights; 22nd (1951) limits
presidents to two terms
in office; 25th (1967)
addresses the succession
of presidential power
I: Congress
II: President
III: Supreme Court
IV: Federal-state rels.
and describe how they
should work
• Reflect the principles of
government
Core principles
Six core principles underpin the US Constitution:
•
•
•
•
•
•
Popular sovereignty
Limited government
Separation of powers
Checks and balances
Federalism
Rule of law (Judicial review)
Popular sovereignty
Power to govern rests on the consent of the
governed.
Expanded by amendments 15, 19 and 26 (votes
for non-whites, women and those aged 18).
US: Separation of powers
Executive
(President & Cabinet)
Legislature
Constitution
(House of
Representatives,
Senate)
Judiciary
(Supreme Court)
Electorate
US: Separation of powers
Executive
(President & Cabinet)
Legislature
Constitution
(House of
Representatives,
Senate)
Judiciary
(Supreme Court)
Electorate
Checks and balances
Checks on →
Checks by ↓
Legislature
Legislature
Executive
• Recommend
legislation
• Veto legislation
Judiciary
• Judicial review
Executive
Judiciary
• Amend/delay/
reject legislation
• Override president’s
veto
• Power of the purse
• Power to declare war
• Ratify treaties
(Senate)
• Confirm executive
appointments
(Senate)
• Impeachment, trial,
conviction, removal
from office
• Impeachment, trial,
conviction, removal
from office
• Propose
constitutional
amendments
• Appointment of
judges
• pardons
• Judicial review
Limited government
People have a fundamental right to freedom
from interference by government (negative
liberty)
Federalism
Powers of government
Federal (Expressed)
•
•
•
•
•
Foreign affairs
Defence
Resolving differences
between states
Regulating inter-state
trade
Managing the
economy
Shared (Concurrent )
•
•
•
•
Legislation
Taxation
Borrowing
Welfare spending
State (Reserved)
•
•
•
Regulate trade within
the state
Supervise elections
Protect the public’s
“health, welfare and
morals”, e.g. policing,
education, etc.
• Article I sec.8, clause 18: ‘Elastic clause’ allows Congress to enact “All necessary
and proper laws”.
• Article VI “Supremacy clause”
Key concepts
“Separated institutions sharing powers”
(Neustadt)
Checks and balances
Sharing or ‘gridlock’?
Year
1981
1982
1983
President
1984
1985
1986
1987
1988
1994
1995
1996
Ronald Reagan (R)
House
Senate
Year
1989
President
1990
1991
1992
1993
George H.W. Bush(R)
Bill Clinton (D)
House
Senate
Year
President
House
Senate
1997
1998
1999
Bill Clinton (D)
2000
2001
2002
2003
George W. Bush (R)
2004
Sharing or ‘gridlock’?
Executive – Legislature:
Proposing legislation
The president typically proposes his/her legislative
agenda through the ‘State of the Union’ address in
January of each year.
Executive – Legislature:
Presidential vetos
President
Vetos
‘Pocket’
vetos
Total
vetos
Vetos
overridden
George Bush
29
15
44
1
Bill Clinton
36
1
37
2
George W. Bush
11
1
12
4
Barack Obama
4
0
4
0
Executive – Judiciary:
Pardons
Lewis “Scooter” Libby
(2007)
Richard Nixon (1974)
Mark Rich (2001)
The Bill of Rights (1791)
Amendments I-X
i. Freedom of religion, speech, press and assembly
ii. Right to bear arms
iii. No quartering of troops in private homes
iv. Unreasonable searches and seizures of property
v. Rights of accused persons
vi. Rights when on trial
vii. Common-law suits
viii. Excessive bail and cruel and unusual punishments prohibited
ix. Unenumerated rights protected
x. Powers reserved to the states and to the people
27 amendments in total
The amendment process
Proposed by
EITHER
Congress: two thirds
majority in both houses
National constitutional
convention: called by
two-thirds vote of the
Senate (never used)
Ratified by
State legislatures:
three-quarters majority
OR
State constitutional
convention: threequarters of the states
must hold conventions
and vote to ratify
Why so few?
• The Supreme Court’s authority to interpret the
Constitution makes formal amendment less
necessary
• The Constitution is written in terms of general
principles, the evolution of which has evolved
over time
• The process of formal amendment is
cumbersome and difficult
• Americans are, in general, wary of amendments
to their nation’s founding document
ADDITIONAL RESOURCES
Federalism (cont’d)
FEDERALISTS:
ANTI-FEDERALISTS:
1.
Strong national government.
1.
Limited national government.
2.
Gov’t controlled by wealthy,
educated citizens.
2.
Gov’t controlled by ordinary citizens.
3.
Policies favorable to farmers, artisans,
and skilled workers.
4.
State banks.
5.
Free Trade.\
6.
Strong ties with France, but not with
Great Britain.
3.
Policies favorable to trade, business,
and finance.
4.
A national bank.
5.
Protective tariffs.
6.
Strong ties with Great Britain, but
not with France.
Alexander
Hamilton
Thomas
Jefferson
did the
Constitution
solve?
• The Constitution solved the
problem of only one branch
of government and provided
us with: the Legislative
branch, Executive branch,
and Judicial branch.
• Checks and Balances was
created. There was a
separation of power between
branches of government.
• The Electoral College was
created to represent the
states in presidential
elections.
Alic Brock
What are its limitations?
• The United States Constitution limits the power of the
government. Each branch has their own powers. No
government is all-powerful, and that it may only do
things that the people have given it power to do.
• The government must obey the law. This is the
principle called constitutionalism.
What would you change about the US
constitution?
• I would not change anything. I agree with the
separation of powers and checks and
balances. The government for the people and
by the people is clearly shown in this
document. What isn’t in the constitution is left
for the state governments to rule. Such as,
drug limitations, schooling requirements, and
traffic laws.
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Do you feel it is as relevant today as it was
when it was written?
• The US constitution is completely as relevant today as
it was when it was written because the same principles
are proposed today. Laws are still unconstitutional and
we still have to rule by the constitution. The division of
powers is still working today. It still makes this country
run with a stable democracy.
The Declaration of Independence (1776)
When in the Course of human events, it becomes necessary for one people to dissolve the political
bands which have connected them with another, and to assume among the powers of the earth,
the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a
decent respect to the opinions of mankind requires that they should declare the causes which
impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by
their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of
Happiness. That to secure these rights, Governments are instituted among Men, deriving their
just powers from the consent of the governed. That whenever any Form of Government becomes
destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new
Government, laying its foundation on such principles and organizing its powers in such form, as to
them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate
that Governments long established should not be changed for light and transient causes; and
accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms to which they are accustomed. But
when a long train of abuses and usurpations, pursuing invariably the same Object evinces a
design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future security.