Chapter 4 Notes PDF

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1. What observations can you make about the way the framers organize the Constitution? The framers organize the Constitution into three parts: the Preamble, the Articles and the Amendments. Each part explains the meaning and laws of the Constitution. In Article I, the Constitution discusses the three branches of government: Legislative, Judicial and Executive. They wanted to make sure that power is distributed evenly and fairly. They wanted to make sure about having checks and balances. Overall, the Constitution serves as an outline for the government and a symbol of America’s way of life. 2. Which branch of government did the framers give the greatest number of specific (expressed) powers to? What might be some reasons for that? The legislative branch had the greatest number of specific powers according to Article I. Due to the fact that Article I is the longest, it shows that the framers emphasize the importance of legislature in a representative democracy. In Article I, Congress not only has the power to make laws but also collect taxes, money, and declare war. Congress doesn’t have supreme power. They are not allowed to deprive someone’s right to court and grant titles of nobility. The framers gave the greatest number of specific powers to the legislative branch because although citizens have power, Congress needs to make sure society is in order. If order for citizens to be safe, they must follow the just rules sent by this country. 3. What inferences can you make about how the framers intended to distribute power within the federal government? They wanted to distribute power in a way different from Britain from back then. They wanted to distribute power equally amongst the three branches of government. Although the legislative branch has the greatest number of powers, it doesn’t necessarily mean that it is more powerful than the other branches. Power is distributed equally in a way that laws have to pass through all of the branches in order to be exercised.

4. Clearly explain the purpose of each of the three main parts of the Constitution. Then list an example from the Constitution that illustrates the purpose of each part.

Preamble

● States the purpose of the republican government ○ Starts off with, “We the People”, to signify that power lies in the citizens of the United States of America ● Goals: ○ Wanted cooperation among the states government and the national government ○ Wanted fair equal laws ○ Wanted peace and order ○ Wanted the government to be the protector of all harm ○ Wanted to give its citizens their sense of security ○ Wanted to guarantee freedom for its citizens

“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.”

Articles

● Main body of the constitution consisting of seven articles ● 1st three articles establishes the three branches of government ○ Legislative, executive and judicial ● The rest covers the supremacy of national law and the amendment process

Article I.

● Amendments aren’t meant to be static due to the fact that “they cannot calculate for the possible changes of things.” ● Amendments allowed to make formal changes to the Constitution ○ Hoped to make this country last long and not turn into chaos. ● The amendment process is meant to difficult ○ There is a two step process, and can be proposed and ratified in 4

Second Amendment

Amendment

Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,

ways ○ The typical method consists of a proposal by a ⅔ vote in both houses of congress then sent to the states where it can be approved of at least 3/4s of the states. ● We have now a total of 26 amendments

shall not be infringed.

5. Explain the difference between enumerated and implied powers and describe how the Constitution establishes both. According to our textbook, enumerated powers are laws specifically listed in the Constitution while implied powers are laws that the legislature can claim as part of its lawmaking responsibility. An example of the government exercising their enumerated powers is when they collect taxes and declare war. An example of the government exercising their implied powers is stated in Clause 18 of Section 8. 6. Discuss why each branch of government has a different set of responsibilities and powers. List at least two powers of each branch. Each branch has a different set of responsibilities and powers to make sure that each branch doesn’t overpower over another. One of the branches of government is the executive branch. The executive branch enforces the laws, negotiates treaties, appoints federal judges and other top officials and acts commander in chief of military. Another branch of government is the judicial branch. The judicial branch interprets the laws, reviews lower-court decisions, judges whether laws and executive actions are constitutional, and rules on cases between states.

7. Create a flowchart that illustrates the most common method of amending the Constitution.

8. Create the following table in your notebook. Complete the first three columns by listing each guiding principle, creating a simple illustration to represent it, and briefly explaining it in your own words. Identify at least one place in the Constitution that illustrates each principle. In the fourth column of your table, give the exact location in the Constitution as well as the exact text that exemplifies each principle.

Guiding Principles of the Constitution Principles Popular Sovereignty

Symbol or Simple Illustration

Brief Explanation Power lies in its people. People have the power to choose someone to lead their country with the people’s interest in mind.

Example from the Constitution “The House of Representative shall be composed of Members chosen every second Year by the people of several States” - Article 1, Section 2, Clause 1

Rule of Law

Americans must follow the “The Constitution… shall be the system of laws. supreme Law of the Land” - Article VI, Section 2

Checks and Balances

The government is split into three branches: legislative, judicial and executive. One doesn’t overpower another but does check up on them.

“Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated” - Article I, Section 7, Clause 2

Federalism

It separates the power between the central government and the state governments

“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.” - Tenth Amendment

Independent Judiciary

Individual Rights

The judicial branch will prevent events of abusing power and influence by the other 2 branches

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.” - Article III, Section 1

Natural rights are guaranteed without having the fear of being arrested.

“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.” - First Amendment

9. Explain the difference between strict and loose construction of the Constitution. Strict construction favors the literal reading of the constitution while loose construction favors flexible reading of the Constitutions. Strict construction is more limited while loose construction is quite flexible.

10. Complete the table below for the three landmark cases discussed in the section. 3 Landmark Cases Name and Date of the Case

Facts of the Case

Summary of the Decision

Significance of the Decision

Marbury v. Madison (1800)

John Adams lost the election to Thomas Jefferson. Adams tried to appoint Federalists in the government before he leaves. Jefferson tells James Madison to not send any more commissions. William Marbury was one of those who failed to receive his commission so, he took his case to the Supreme Court. He believes that that due to Section 13 of the Judiciary Act of 1789, the Supreme Court can issue a “writ of mandamus” to force an official to perform a duty for which he was legally responsible.

The Supreme Court decides It established the principles that Section 13 of the Judicial Review. Judiciary Act was deemed unconstitutional.

McCulloch v. Maryland (1819)

In 1791, Congress chartered the First Bank of the United States. Thomas Jefferson argued that the bank was not authorized by the Constitution. The bank’s charter eventually ran our and was not renewed. The Congress did it again in 1816. Maryland was charged a tax on the bank’s branches but eventually refused to pay the taxes.

The Supreme Court issued a unanimous decision in favor of the bank and McCulloch. Congress was allowed to create a national bank due to the Elastic Clause but no state has the power to tax the national bank or any other arm of federal government.

The Supreme Court supported the broad expansion of congressional power due to the Elastic Clause.

United States v. Nixon (early 1970’s)

Burglars broke into the Democratic national campaign headquarters. Evidence tied the break-in to President Nixon. The Senate discovered that Nixon had made secret tape recordings of his conversations. Nixon refused to give the tapes over. Nixon fired Archibald Cox, the prosecutor. He eventually handed them over.

The Supreme Court decided Unanimously that the President had to surrender the Watergate tapes.

It reaffirmed the rule of law as a key principle of American government....