Transcript The American Constitutional System

The American
Constitutional System
Observations?
What facts in this document are
important for all citizens to know?
3 limits on government power
• Separated powers
• Federalism
• Civil liberties
Limits on government power
• Separated powers
Separated System/
Checks and Balances
• Three branches
• Legislative: The two houses of Congress:
The House of Representatives and the
Senate
• Executive: The President
• The Judiciary: The Supreme Court
Separated System/
Checks and Balances
• “Checks” because of different bases of
support
– House
– The House of Representatives shall be
composed of Members chosen every second
Year by the People of the several States, and
the Electors in each State shall have the
Qualifications requisite for Electors of the
most numerous Branch of the State
Legislature.
Separated System/
Checks and Balances
• Three branches
• Different bases of support
– House
– Senate
– The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof for
six Years; and each Senator shall have one Vote.
– Immediately after they shall be assembled in Consequence of
the first Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second
Class at the Expiration of the fourth Year, and of the third Class
at the Expiration of the sixth Year, so that one third may be
chosen every second Year
Separated System/
Checks and Balances
•
•
Three branches
Different bases of support
– House
– Senate
– President
– Each State shall appoint, in such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators
and Representatives to which the State may be entitled in the
Congress: but no Senator or Representative, or Person holding an
Office of Trust or Profit under the United States, shall be appointed an
Elector. The Electors shall meet in their respective states … The person
having the greatest number of votes for President, shall be the
President, if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from the persons
having the highest numbers not exceeding three on the list of those
voted for as President, the House of Representatives shall choose
immediately, by ballot, the President.
Separated System/
Checks and Balances
• Three branches
• Different bases of support
–
–
–
–
–
House
Senate
President
Judiciary
[The president] shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint …
Judges of the supreme Court…(Article 2 sct. 2)
Madison, Federalist 51
• “In order to lay a foundation for that separate
and distinct exercise of the different powers of
government, which to a certain extent is
admitted on all hands to be essential to the
preservation of liberty, it is evident that each
department should have a will of its own; and
consequently should be so constituted, that the
members of each should have as little agency as
possible in the appointment of the members of
the others…”
Madison, Federalist 51
• “Ambition must be made to counteract ambition.
The interest of the man must be connected with
the constitutional right of the place. It may be a
reflection on human nature, that such devices
should be necessary to control the abuses of
government. But what is government itself but
the greatest of all reflections on human nature?
If men were angels, no government would be
necessary. If angels were to govern men, neither
external nor internal controls on government
would be necessary…In framing a
government…you must first enable the
government to control the governed; and in the
next place, oblige it to control itself.”
Separated System/
Checks and Balances
• “Checks” because of different bases of
support
• “Checks” because of built in conflict over
shared powers
• Congress’ enumerated powers
– Spending
– Declaring war
Separated System/
Checks and Balances
• “Checks” because of built in conflict over
shared powers
• Congress’ enumerated powers
• President’s powers
– Veto laws
– Make appointments
– Command the armed forces
Separated System/
Checks and Balances
• Specific Checks and balances
– Congress overrides veto
– Congress impeaches and removes president
– Senate approves appointments and treaties
Separated System/
Checks and Balances
• “Checks” because of built in conflict over
shared powers
• Congress’ enumerated powers
• President’s powers
• Judiciary’s powers
– Judicial review
Limits on government power
• Separated powers
• Federalism
Federalism
• What is it?
• Sovereignty of states
• Where is it in the Constitution?
• US Senate representation
• The Senate of the United States shall be
composed of two Senators from each State,
chosen by the Legislature thereof for six Years;
and each Senator shall have one Vote.
Federalism
• What is it?
• Sovereignty of states
•
•
•
•
Where is it in the Constitution?
US Senate representation
10th amendment
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people
Federalism
• What is it?
• Sovereignty of states
•
•
•
•
Where is it in the Constitution?
US Senate representation
10th amendment
Full Faith and Credit Clause, Art. 4. sct. 1
– Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of
every other State.
Limits on government power
• Separated powers
• Federalism
• Civil liberties
First Amendment Rights
• Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a
redress of grievances.
How does our constitutional
structure affect politics? Policy?