The United States Constitution

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The United States Constitution
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What is a Preamble?

• a clause at the beginning of a constitution or
  statute that explains the reasons for its passage
  
• Original text of our Constitution does not give
  it that title.

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The Preamble

• 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.

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What do the words mean?

• We the People.
• Most important words
• State who rules
• Popular sovereignty
• people are the source of all governmental power

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What do the words mean?

• of the United States,
• Governor Morris - Constitutional Convention
  Committee of Style
• Original draft listed all 13 states
• Morris changed it to the phrasing that we have now

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What do the words mean?

• in order to form a more perfect Union,
• The first Constitution didnt work
• Philadelphia Convention 1787
• Purpose was to Amend such defects as may be
  discovered to exist in the Articles
• Ended up rewriting the whole thing

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What do the words mean?

• 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,
• These are the goals of the Constitution
• Not explicit rights guaranteed

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What do the words mean?

• do ordain and establish
• Again, it is the people who give this document
  power, not the states
• Constitution was ratified by State Conventions
  NOT State Legislatures
• It was the People who ratified it!

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What do the words mean?

• this Constitution for the United States of
  America.
• We have the oldest written Constitution still in
  use by a nation
• British Prime Minister William Gladstone
• the most wonderful work ever struck off at a
  given time by the brain and purpose of man.
• Justice Marshall disagreed saying it was
  defective

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Was it defective?

• What do you think?
• Our Constitution is not perfect
• How do we, the people, make it better?
• Through the Amendment process

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What words would we use now?

• Heres what youre going to do
• Based on your knowledge of the world around you,
  rewrite the Preamble using language that you are
  familiar with.

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Article IV

• Quite possibly one of the more important Articles
  of the Constitution
• It governs the relationship between the states

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Section 1

• Full Faith and Credit Clause
• Requires states to honor each others rulings,
  records, and civil laws
• Marriage?
• Divorce?
• Drivers License?

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Section 1

• States allowed to make exceptions for public
  policy
• Examples?
• Gay Marriage

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Section 2

• Privileges and Immunities Clause
• States cannot discriminate against citizens from
  another state without justification
• Can Nebraska hold jobs specifically for
  Nebraskans?
• Whos going to college out of state?
• Sorry, this doesnt apply to you!

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Section 2

• Also provides for Extradition
• Must a state extradite a fugitive?
• 1987 Supreme Court ruled that federal courts
  could order state governors to comply with
  extradition requests

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Section 2

• Final paragraph known as the Fugitive Slave
  Clause
• Allowed slave owners or their agents to go into
  free states to capture escaped slaves
• This clause was eventually overturned by the
  passage of the 13th Amendments ban on slavery

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Section 3

• Exactly how does a state become a state?
• First, states cannot be formed from other states
  without the states consent or approval from
  Congress
• Has this ever happened?

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States from States

• Its happened 5 times
• 1791 Vermont from New York
• 1792 Kentucky from Virginia
• 1796 Tennessee from North Carolina
• 1820 Maine from Massachusetts
• 1863 West Virginia from Virginia

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Section 3

• How a state becomes a state
• Most of the states were part of territories first
• Petition to become a state
• President and Congress approve petition and
  authorize a drafting of a Constitution
• Constitution must be approved by majority of
  citizens, Congress, and the President
• CONGRATULATIONS!!!! Statehood is achieved!

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What about D.C.?

• Petitioned in 1980 for statehood
• Constitutional Convention in 1982
• Failed in the House in 1993
• What about a Constitutional Amendment?
• Expired in 1985 without being ratified

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Section 3

• Congress has legislative power over ALL US
  property and territory
• Constitutional rights DO NOT apply to every
  federal territory
• Incorporated territories receive full
  Constitutional rights might become states
• Unincorporated will never become a state
• Guaranteed only certain fundamental rights such
  as free speech and a fair trial

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Section 4

• The United States shall guarantee to every State
  in this Union a Republican Form of Government
• Doesnt specifically say what a Republic is
• Or which branch is responsible for enforcing it

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So what is a Republic?

• According to James Madison in Federalist 39 a
  Republic is a
• Government which derives all its powers
  directly or indirectly from the great body of the
  people.

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Section 4

• And shall protect each of them against Invasion
  and on Application of the Legislature, or of the
  Executive (when the Legislature cannot be
  convened) against domestic violence.

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Article V

• The congress, whenever two thirds of both
  Houses shall deem it necessary, shall propose
  Amendments to this Constitution, or, on the
  Application of the Legislatures of two thirds of
  the several States, shall call a Convention for
  proposing Amendments, which, in either Case,
  shall be valid to all Intents and Purposes, as
  Part of this Constitution, when ratified by the
  Legislatures of three fourths of the several
  States, or by Conventions in three fourths
  thereof, as the one or the other Mode of
  Ratification may be proposed by the Congress
  Provided that no Amendment which may be made
  prior to the Year one thousand eight hundred and
  eight shall in any Manner affect the first and
  fourth Clauses in the Ninth Section of the first
  Article and that no State, without its Consent,
  shall be deprived of its equal Suffrage in the
  Senate.

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Why is this Article necessary?

• Under the Articles of Confederation, making
  changes was next to impossible
• All the States had to agree
• Not one Amendment was ratified under the Articles
  of Confederation
• How difficult would it be to get this class to
  unanimously agree on something?

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Lets talk Amendments

• 2 ways to propose Amendments
• 2/3s vote in both the House and the Senate
• Only one that has been used so far
• OR, 2/3s of the States petition Congress to call
  a Constitutional Convention
• An outlet for the States

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So how do Amendments get added?

• Ratification
• 2 ways and Congress decides which will be used
• 3/4 of State Legislatures ratify it OR
• 3/4 of State Conventions
• Only used once to ratify the 21st Amendment
  repealing Prohibition

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Is there an Amendment that cant be made?

• Yes
• Slavery could NOT be prohibited before 1808
• Obviously this has changed
• Also could NOT change limitations on direct taxes
  before 1808
• This changed as well

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One Final Limitation

• No Amendment can deny a state equal
  representation in the Senate
• Every State will have 2
• Disproportionate Representation?
• California vs. Wyoming
• Is it fair for each State to have the same voice
  in the Senate?

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So, Whats the Count?

• More than 11,000 have been introduced into
  Congress
• 33 received the necessary 2/3s vote in Congress
  and went on to the States for ratification
• 6 did not get ratified
• 27 total Amendments to the Constitution

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What Didnt Make It?

• 1789 Reapportionment Amendment
• Would have allowed Congress to decide on the
  number of Reps in the House
• 1810 Titles of Nobility Amendment
• Would have taken away citizenship from any person
  who accepted titles of Nobility from a foreign
  power without the consent of Congress

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What Didnt Make It?

• 1861 Corwin Amendment
• Would have prevented Congress from interfering
  with a States domestic institutions, including
  slavery
• Wasnt opposed by President Lincoln
• 1924 Child Labor Amendment
• Would have given Congress the power to limit and
  regulate child labor
• An initial attempt to overturn a Supreme Court
  ruling
• Supreme Court later upheld child labor laws in
  1941

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What Didnt Make It?

• 1972 Equal Rights Amendment
• Would have prevented federal and state
  governments from denying men and women equality
  of rights under the law.
• 1978 D.C. Voting Rights Amendment
• Would have repealed the 23rd Amendment and
  treated D.C. as a state for the purpose of
  representation, electoral votes, and amending the
  Constitution

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Did We Make a Mistake?

• Should any of those Amendments have been passed?

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Article VI

• Says that the Constitution and laws are the
  supreme law of the land
• State and Federal officials must take an oath to
  support the Constitution
• Constitution trumps state power
• Also protects the powers of the states

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Federalism

• Federal and state governments share some power
• Key feature of American government
• What powers do we share?