Article One, Congress

1
Article One, Congress

• Legislative Branch-- lawmaking institution,
  vesting clause.
• Bicameral-- consists of two chambers.
• House, 2 yr terms, apportioned based on
  population
• Senate, 6 yr terms, 2 members per state.
• Qualifications 25 and 30 years old, state
  residents.

2
Plans for Congress as the Convention

• Virginia Plan- base representation on population
• New Jersey Plan- equal representation / state
• Connecticut Compromise- what we have, 2 chambers
  using both methods

3
Diffusion of Legislative Power

• Bicameralism diffuses power.
• Leads to gridlock, slow policy change.
• All revenue bills originate in the House.
• The House impeaches (indicts) the president. The
  Senate tries impeached presidents.
• The Senate consents to appointments (judicial and
  executive) and treaties.
• Qualified presidential veto of legislation.
  2/3rds vote in each Chamber to override.

4
Important Enumerated Powers of Congress

• Enumerated powers are those listed in the
  Constitution, specifically Section 8 of Article
  1.
• Levy Taxes, provide for national defense, borrow
  money, coin money, bankruptcy laws.
• Regulate interstate and international commerce.
• Post Office/Roads, create federal courts, promote
  arts and sciences, promote general welfare.
• Declare war, raise armies, regulate armed forces,
  call forth militia.

5
Necessary and Proper Clause

• Congress may create all laws which shall be
  necessary and proper for carrying into execution
  the foregoing powers, and all other powers
  vested.
• Often termed the elastic clause.
• Used to create implied powers in McCulloch vs.
  Maryland (1819).

6
Powers Denied Congress

• Slave trade could not be outlawed prior to 1808.
• Writ of Habeas Corpus may not be suspended.
• No ex post facto laws.
• No religious qualifications or titles of
  nobility.
• Constitution created strict rules for treason.
• Right to trial by jury in criminal cases.
• Bill of Rights came later, after ratification.

7
Article II, the Executive

• The executive power shall be vested in a
  President of the United States of America.
• No herein granted to define executive power,
  extent of power left in dispute.
• Executive Selection through Electoral College--
  each states Electoral votes of Reps
  Senators.
• No direct election of president. If no majority,
  House votes between top 3 candidates (see 12th
  Amendment).

8
Article II, the Executive Continued

• President elected to 4 year terms, may be
  reelected-- limited to 2 terms by the 22nd
  amendment.
• The president can be removed from office for
  impeachment and conviction of treason, bribery,
  or other high crimes and misdemeanors.
• Majority in House to impeach.
• 2/3rds in Senate to convict/remove president.
• Reelection, a single executive, and removal all
  served to check executive power. How?

9
Enumerated Powers of the President

• Legislative powers Qualified Veto, Recommend
  legislation in State of the Union,
  convene/adjourn Congress.
• Diplomatic/Defense powers Commander in Chief,
  Treaty power, Receive Ambassadors.
• Appointment powers Appoint important members of
  executive bureaucracy and all federal judges.
• Other powers Pardon (unchecked), executive
  power, take care clause.

10
Article II, the Executive continued

• Qualifications for president natural born
  citizen, aged 35, 14 years resident.
• Vice President takes over in case of death,
  disability, resignation, or removal, see 25th
  Amendment.
• President must take an oath-- I do solemnly
  swear that I will faithfully execute the
  office.and protect and defend the Constitution..

11
Article III, the Judicial Branch

• Created the Supreme Court. Inferior Courts
  created by Congress (Judiciary Act of 1789).
• Outlined original and appellate jurisdiction of
  the Supreme Court.
• Guaranteed trial for criminal cases (federal).
• Defined treason and punishment.
• Judicial Review didnt come until Marbury v
  Madison (1803) Right of judiciary to declare
  laws and executive orders unconstitutional.

12
Elements of Madisonian Model

• Place as much of government beyond direct control
  of the majority.
• Only the House is directly elected by people.
• Separation of Powers, creating independent
  institutions, yet powers are shared between
  branches.
• Checks and Balances, requires consensus.
• Examples Veto, judicial review, etc.
• Federalism, sharing power between states and
  national government.

13
The Madisonian Model

• The Constitution and the Electoral Process The
  Original Plan (Figure 2.2)

14
Implication of Madisons Model

• Slow Policy Change
• The system favors the status quo. Change requires
  winning at all points in the process.
• Major policy changes take time and much debate.
• Small minorities in government can block
  majorities (e.g. the presidents veto).
• Results in limited (or smaller) government.
• Enhances minority rights, often frustrating
  majority.
• The system is often seen as extremely
  inefficient.

15
Methods of Changing Constitution

• Amendment Process 2/3rds vote Senate House to
  propose, then, 3/4ths states vote to ratify. 27
  Amendments so far.
• Judicial Interpretation judicial review
• Technological changes TV and media, computers
  enhance implied powers and pressure 1st
  Amendment.
• The US as a world power enhances presidents
  diplomatic and military powers. Who declares war
  today?

16
The Formal Amendment Process
17
Federalist 10 All about Factions

• What are factions? What causes factions?
• Liberty. Human nature. Unequal distribution of
  wealth the primary cause in politics.
• What are the mischiefs (dangers) of factions?
• Self-interested action, irrespective of public
  good.
• Tyranny of the majority over minority.
• How can factions be controlled?
• A large republic, representing many factions.

18
Federalist 51 Separation of Powers, Checks
Balances

• Factions can further be controlled by
• Giving each institution the means and the
  motives to check the other.
• Means Checks, including the presidential veto,
  Senatorial approval of nominations, judicial
  review, etc.
• Motives Different constituencies, different
  electoral cycles, so each gets power from
  different source.
• Diffusing power within national government and
  between levels of government.

19
Ratifying the Constitution

• 9 of 13 states to ratify. Conventions called in
  each state, nearly failed in VA and NY.
• Federalists supported Constitution, had several
  advantages support of GW, superior
  organization, controlled papers, promised a Bill
  of Rights, general agreement that Articles were
  inadequate.
• Antifederalists opposed ratification
• No Bill of Rights,
• national govt too strong, threat to states
  rights,
• presidency/Senate too powerful.