Unit 17
The U.S. Constitution and the Separation of Powers
| constitution_of_the_united_states__annotated__7pp_-_findlaw.pdf |
Reading
For this lesson you will need to read the Constitution. It isn't very long... (see link below)
You will also need to read about the "setting" or "historical context" (see link below)
The U.S. Constitution is here https://constitution.findlaw.com/articles.html
The historical background is here https://www.whitehouse.gov/about-the-white-house/the-constitution/
An 'explanation' of the Constitution is here https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
For this lesson you will need to read the Constitution. It isn't very long... (see link below)
You will also need to read about the "setting" or "historical context" (see link below)
The U.S. Constitution is here https://constitution.findlaw.com/articles.html
The historical background is here https://www.whitehouse.gov/about-the-white-house/the-constitution/
An 'explanation' of the Constitution is here https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
Lecture outline
The original 13 Colonies were ultimately governed by Great Britain through royal governors charted by the Crown. Americans considered themselves to have all the rights of Englishmen, even though they were separated by the vast Atlantic Ocean.
One of these rights was that taxes could only be imposed by your representatives in British Parliament (not by the King himself). Americans were outraged when the British Parliament began imposing taxes on them in order to pay for defending them against Indian raids and French incursions (the long & expensive "French and Indian War" had just ended around 1763). Americans had no representation in Parliament, so how could Parliament lawfully impose taxes on them? The British government countered this argument by saying that Americans had "virtual representation" in Parliament.... this was because representatives who were elected by British voters actually represented all Englishmen, no matter where in the far-flung Empire they might be located!
Revolt came in 1776, with the Declaration of Independence. During the Armed Revolution, the States cooperated with one another through the Continental Congress, a body of delegates from each of the Colonies. The Continental Congress would meet and decide how to conduct the War of Independence, and how to pay for it.
With General Cornwallis' surrender in 1781, the Articles of Confederation were created to form a loose confederation of "United States". The Articles of Confederation stipulated that each State retained its own sovereignty, freedom, and independence. The United States Congress had the power to make war, but had no power to tax or regulate commerce in any way.
The original 13 Colonies were ultimately governed by Great Britain through royal governors charted by the Crown. Americans considered themselves to have all the rights of Englishmen, even though they were separated by the vast Atlantic Ocean.
One of these rights was that taxes could only be imposed by your representatives in British Parliament (not by the King himself). Americans were outraged when the British Parliament began imposing taxes on them in order to pay for defending them against Indian raids and French incursions (the long & expensive "French and Indian War" had just ended around 1763). Americans had no representation in Parliament, so how could Parliament lawfully impose taxes on them? The British government countered this argument by saying that Americans had "virtual representation" in Parliament.... this was because representatives who were elected by British voters actually represented all Englishmen, no matter where in the far-flung Empire they might be located!
Revolt came in 1776, with the Declaration of Independence. During the Armed Revolution, the States cooperated with one another through the Continental Congress, a body of delegates from each of the Colonies. The Continental Congress would meet and decide how to conduct the War of Independence, and how to pay for it.
With General Cornwallis' surrender in 1781, the Articles of Confederation were created to form a loose confederation of "United States". The Articles of Confederation stipulated that each State retained its own sovereignty, freedom, and independence. The United States Congress had the power to make war, but had no power to tax or regulate commerce in any way.
Predictably, the Articles of Confederation did not work very well. All they did in essence was create a loose confederation of 13 independent nations. The different States gouged each other on trade and tariffs, the rates of exchange between their currencies constantly fluctuated and was almost impossible to track, and no one wanted to pay off the debts incurred to finance the Revolution. It could not continue...
By 1786, representatives from several large States resolved that a "General Convention" be held the following year in Philadelphia to address the problems.
Thus, the Constitutional Convention took place in the summer of 1787. The delegates set about designing an entirely new charter of government, which was given the name, "U.S. Constitution".
By 1786, representatives from several large States resolved that a "General Convention" be held the following year in Philadelphia to address the problems.
Thus, the Constitutional Convention took place in the summer of 1787. The delegates set about designing an entirely new charter of government, which was given the name, "U.S. Constitution".
The U.S. Constitution contains two radical ideas:
- The idea that the central government only has limited, "enumerated" powers. Until this time, a government possessed every conceivable power except those specifically denied to it. The framers of the U.S. Constitution stood that idea on its head by granting the central government only enumerated powers. Anything not specifically enumerated in the Constitution is reserved for the States, or the citizens directly.
- The idea of "separation of powers". The new central government had its powers divided among three branches: executive, legislative, and judicial. This was and is a unique approach.
- Executive branch - the President - executes the laws
- Legislative branch - the Congress - makes the laws
- Judicial branch - the Courts - interprets the laws
- By contrast, a Parliamentary system (Britain, Canada, etc) combines the executive and legislative branches, and does not give the courts the power of judicial review (important!). In a Parliamentary system, the "Prime Minister" is just the head of all the lesser Ministers (Minister of Defense, Minister of Commerce, Minister of Education, etc), and a Prime Minister must "put together a government" soon after being elected - meaning they need to be able to assemble a majority of all the Parliament members. In the U.S. system, a President is more independent, and answers more directly (in theory) to the voters who put him/her in office.
Background to the First Amendment:
The First Amendment guarantees the freedom of speech and religion.
Important! Notice that the First Amendment:
The Supreme Court has repeatedly ruled (as recently as 2017) that "hate speech" is legally protected free speech under the First Amendment. In other words, citizens can march down the street with some pretty offensive signage, as long as they are not inciting people to commit a crime.
The First Amendment guarantees the freedom of speech and religion.
- "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.
Important! Notice that the First Amendment:
- Limits only "Congress". It doesn't limit "citizens" in any way! All it says is, "Congress shall make no law...."
- Stops Congress from making laws, it doesn't stop people from making statements... including hateful ones.
- Doesn't prevent citizens from talking smack, or saying rude things, or offending people or groups of people.
The Supreme Court has repeatedly ruled (as recently as 2017) that "hate speech" is legally protected free speech under the First Amendment. In other words, citizens can march down the street with some pretty offensive signage, as long as they are not inciting people to commit a crime.
- Carrying a sign that says, "Abortionists are murderers" is probably not wise unless you are looking for a fight, but is protected speech.
- Carrying a sign that says, "Everyone should pick up a gun and go shoot an abortion Doctor" is inciting criminal action, and is not protected speech, and you will be arrested.
- Carrying a sign that knowingly lies, and falsely states, "Abortion Doctor so-and-so performs illegal abortions" would be defamation, and the Doctor can sue you in court for slander/defamation and you would have to pay damages.
- Pointing out the immoral or unethical (or even criminal) behavior of someone, as long as it is true, is not a crime. Again, the First Amendment limits what Congress can do, not what you can do... (just read it again!)
- Pointing out the immoral or criminal behavior of a "public figure" (the President, your Congressman, a famous Actor or Actress) is also not criminal speech, even if it's not true. Mocking and ridiculing the President is an old American tradition! Read here...https://www.theatlantic.com/magazine/archive/2013/06/abraham-lincoln-is-an-idiot/309304/
As recently as 2017, in Matal vs. Tam, the U.S. Supreme Court affirmed that there is no "hate speech" exception to the First Amendment.
- "...the proudest boast of our free speech jurisprudence is that we protect the freedom to express "the thought that we hate".
- You can read about it here... https://en.wikipedia.org/wiki/Hate_speech_in_the_United_States
First Amendment - Campus Free Speech assignment
Freedom of Speech on college campuses is a hot issue right now! Some students say "offensive speech" is not "free speech".
Watch the video below...
Freedom of Speech on college campuses is a hot issue right now! Some students say "offensive speech" is not "free speech".
Watch the video below...
The following video shows a student being arrested after attempting to limit someone else's freedom of speech.
The student was obviously offended by a sign being displayed on campus. It's not meant to be funny, and we're not laughing at her.
I would like you to carefully listen to the Free Speech justifications given by the police officer.
Watch...
The student was obviously offended by a sign being displayed on campus. It's not meant to be funny, and we're not laughing at her.
I would like you to carefully listen to the Free Speech justifications given by the police officer.
Watch...
After you are done reviewing everything above, respond to the questions below. Turn in by the due date.
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