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The Principles of the United States Constitution. Mr. Cummings. Background to 1787 Convention. Articles of Confederation creates a toothless, ineffective national gov’t High debt, no power to tax or raise army
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The Principles of the United States Constitution Mr. Cummings
Background to 1787 Convention • Articles of Confederation creates a toothless, ineffective national gov’t • High debt, no power to tax or raise army • Hamilton & Madison press for convention to repair “embarrassments which characterize the present state of our national affairs” • Washington agrees to preside only after Shays’s Rebellion • Henry Knox’s letter scares states out of their complacency
Philadelphia Convention ‘87 • Created between May 25 – Sept. 17, 1787 • Intense debate between men w/radically different viewpoints – lawyers, farmers, scientists, plantation owners • Issues: How to grant national Sovereignty AND respect State’s Rights; SLAVERY • Delegates signed secrecy oath • Jefferson, Adams did not attend (out of country) • Had no plan but knew what they didn’t want • Roger Sherman’s Great Compromise combined Virginia + New Jersey Plans • States ratify 1787-1788 but demanded a bill of rights
Organization of Constitution • Preamble • List goals of the gov’t • “We the People…” • Seven Articles • Divides gov’t power • Created three branches: Executive (President), Legislative (Congress), Judicial (courts) • Each Article divided in Sections + Clauses • Can be changed with Amendment
Organization of the Branches • Executive • President, Vice-President • Legislative • Congress (535) • House of Representatives (435)- POPULATION • Senate (100)- 2 PER STATE • Judicial • Supreme Court (9 justices)
Elements Protected by the Constitution • Popular Sovereignty: the ability for a country to control its own affairs • Representative Democracy: people elect leaders to make decisions for them • Limited Government • Federalism – division of power between State & National Governments • Concurrent (Shared) Powers
Elements Protected by the Constitution • Separation of Powers • No branch holds “too much” power • Legislative Branch makes the laws • Executive Branch carries out the laws • Judicial Branch interprets the laws
Discussion on Branches of Gov’t QUESTION: How did the lack of a strong central government in the Articles affect the creation of the Constitution in 1788?
Executive Branch (President) • Enforces laws made by Congress • Serves TWO 4-year- terms + can hold office for up to 10 years • 44 presidents • Only “nationally” elected official
Qualifications + Duties • 35 years old • Natural-born citizen living in the US for 14 years • Duties have changed over 200 years- Constitution vague on this subject!
Duties of the President • Administrative head of nation • Makes important policy decisions • Commander-in-Chief • Leader of the military in times of war • Chief Legislator- vetoes/approves bills • Chief of State • Meets w/Congress during “State of the Union” or during wartime • Chief of Party- becomes head of party
Roots of the Office • Colonists distrusted the King- Articles of Confederation neglected need for an executive. • With the failure of the Articles, Framers saw need for an executive office that would be strong enough to govern, but not so strong that it could abuse power. • Framers agreed that executive power should be vested in a single person to be called the president.
Terms of Office • The 22nd Amendment now limits presidents to two four-year terms or a total of 10 years in office. • Changed after death of FDR- served almost 4 terms (12 years)
Removal (Impeachment) • The president can be removed by Congress • House conducts investigation and drafts Articles of Impeachment for 'treason, bribery, or high crimes and misdemeanors.' • Senate tries case with Chief Justice of Supreme Court presiding. • If 2/3rds of the Senate votes for the Articles, the president is removed from office.
Only Two Presidents have Been Impeached… Andrew Johnson Bill Clinton …Neither were removed from office…
Succession • 7 presidents have died in office or left early. • Congress passed Presidential Succession Act of 1947 that stated order of succession if president died, fell ill, or left: • Vice-President; • Speaker of the House; • President Pro Tempore, Secretary of State, Treasury, Defense, and other Cabinet heads in order of the creation of their department
Legislative Power Chief-of-State Pardoning Power Treaty-making Power Chief Diplomat Chief Executive Veto Power Commander -in-Chief Appointment Power
Evolution of the Office • President’s role has changed greatly • Most of it not clearly defined • The Cabinet, War Declarations • Changes most during times of crisis • Depends upon large staffs to help • The Cabinet • 15 specialized departments that advise the president (State, Defense, Treasury, etc.). • Appointed by president, confirmed by Senate • Office of Management and Budget (OMB) • National Security Council (NSC)
Closure How will Executive Branch adapt to current world events? Will the role of the president be the same 100 years from now?
Judicial Branch • Supreme Court and other Federal Courts • Preserves + protects rights guaranteed by the Bill of Rights • Considers cases involving national laws • Declares laws and acts unconstitutional • Uses Judicial Review & Precedent to render decisions
Supreme Court Facts • 1 Chief Justice, 8 Associate Justices w/lifetime status • Selected by president/confirmed by Senate • Sessions begin on 1st Monday in October • Listens to arguments during 7 two-week sessions • Court not required to hear every case • Listens only to fraction of those received • On average, SC receives 7,500 “petitions for certiorari”; hears only 85-100
How Cases Get to the Court How do they get there? • Original Jurisdiction (1-5 cases) • Appellate Jurisdiction (the rest)
Deciding to Decide: Agenda Setting on the Court • The Process • Petitions and Amicus Curiae Briefs • Cert Pool • Discuss List • Conference and the Rule of 4 • The Outcome: • reject 98-99% of request for review • A Problem: • Why do Supreme Court justices make the case selection decisions that they do?
Important Court Cases • Marbury vs. Madison (1803) • Gave courts the right to decide whether laws are constitutional – process called “Judicial Review” • Brown vs. Board of Education (1954) • Made segregation in schools illegal • Paved way for greater civil rights for blacks • Miranda vs. Arizona (1966) • Officers had to inform people of their rights at the time of their arrest
The Impact of the Court’s Decisions • Judges: Will they comply or defy? • Elected Actors/Interest Groups: Will they attempt to override? • Implementers: Will they follow or ignore? • Citizens: Will they move toward the Court’s position?
Court Building’s Architecture • Photos of Supreme Court • The Authority of Law • Equal Justice Under Law • The Contemplation of Justice/Front View • The Supreme Court building with Authority of Law statue • Supreme Court’s location to the Capitol