10 MOST IMPORTANT THINGS ABOUT THE CONSTITUTION 1.

The Constitution is a set of rules for government not for you and me. Between you and the government (vertical). People to people (horizontal), people to neighbor, people to friend, people to family. Horizontal is not constitutional because the government is not involved. State action doctrine, someone who is not formally employed by state a. 13th amendment, no slavery b. 18th amendment no person may serve alcohol to another *Constitution only addresses government problems *In addition to Constitutional rules, there are many more rules in law that address horizontal *Reserve the word law for legislatures *Regulation is a rule passed by executive branch * Opinion is a rule passed by a court 2. It is a Bill of Powers for the national government. a. Bill of Powers = government b. Power comes before rights c. Hannah Arendt, talked about French Revolution d. French Revolution had no core e. Government uses power to promote public safety f. French Revolution went directly to rights without any power to support g. Our Constitution has woven details on who has powers and what they do, same to the branches of government h. Article 1 Section 8 = powers to the legislation i. Article 2 Section 1 = the executive power j. Article 2 section 8 = multiple and specific executive powers k. Unitary theory l. Jurisdiction = power to hear a case m. Article 3 Section 2 = list of types of jurisdiction that people of the USA give to the court n. Article 4 section 3 = lands owned by the USA but are located in the states = National parks o. 16th Amendment gave power to tax income. Legislative power p. 13th amendment had an enforcement clause. q. Framers did not give Power to the United States r. There are some places where government has no power s. Government of limited powers t. Government cannot make rules about inheritance, property ownership, marriage, purchase in sales, torts u. Exclusive power = only level of government that can exercise that power. i. Article 1 section 8 = Congress can raise and support an army ii. Article 1 section 10 = no state shall maintain an army v. Concurrent power = two or more levels have power. Regulates commerce i. Under Oregon constitution, Oregon and national government can regulate commerce

ii. Supremacy Clause in article 6 1. Country wins over against state w. Prohibited power = states cant do some things x. Express power = power that is stated i. President is commander in chief y. Implied power = power that is non negotiable i. Judicial review 3. It is a Bill of Rights for the people. a. People vote for what they want, and government will fix it b. Original Constitution were happy of the Rights that they inserted into the Constitution Article 1 Section 9 rights that protect you from the federal c. Article 1 Section 10 rights that protect you from state d. In any criminal case, have a right to a jury trial e. Article 6 they shall be no religious test for political office f. Express rights = clearly written in Constitution g. Implied rights = h. Political right = rights that allow you to participate in government (classical republicanism) i. Civil right = rights that protect you from government (natural rights) j. Some things are both civil and political , speaking, jury k. Positive rights = vertical rights. Government must do something for you i. Constitution is almost devoid of positive rights ii. Healthcare is a federal law. Positive right to medical care iii. Statute is a formal expression on where and how you find a law l. Negative rights = government cannot do something to you 4. It intentionally makes governing difficult, by checks and balances a. Framers wanted to not just rely on rights so they created checks to make the government have a difficult time to tale action b. Secret to English government is checks and balances c. Federalists 51, James Madison, contain pros in political literature. Ambition must be made to counteract ambition. d. If men were perfect, we wouldnt need governing. If governors were perfect, we wouldnt need checks and balances e. Presidents are independent on how they get in office, get out of office, and their pay f. Both house and senate need to give the boot to the president g. Article 1 and Article 2 are independent of each other h. Article 1 section 7 = how a bill becomes a law. Starts in a house then must be agreed on, and then the president but also i. Article 2 section 2 = appointments are made by nominated by the senate j. Parliamentary government, executive is elected by legislature k. Parliament chooses prime minister l. Constitution is the supreme law of the land 5. As a statement of the peoples wishes, it is the supreme law of the land

a. Popular sovereignty - people are the master while the government is the servant. Peoples wishes are more important than the governments wishes expressed in a law. b. Constitution is more important than a law c. Law is a voice merely of government d. Conflicts between constitution and law, power to declare a law unconstitutional e. Article 7 show how the Constitution became official f. Framers submitted the Constitution to the people of the states g. Constitution is the most radical document h. Marbury vs. Madison i. Dont give government the pillow ii. All parts of government must agree iii. Cant be hit with pillow 6. As law, the Constitution is authoritatively interpreted by courts a. In some constitutions, they are general and vague b. In America, set of enforceable rules rules for government c. Duty is something government must do d. Government may do something, power e. Government must not do something, prohibition or limitation f. Everyone in government must comply with Constitution - Article 6 g. Marbury v. Madison judiciary act of 1789 i. Supreme court said the judiciary act was unconstitutional ii. the duty of courts to say what the law is justice Marshall h. courts are last word on what the Constitution is 7. Its words mean different things to different people including judges a. Full of words that have multiple meanings b. Article 1 section 8, it gives to Congress the power to regulate commerce among states i. What is commerce? 1. Movement of goods 2. Non profit ii. More cases under interstate commerce clause commerce is hard to define c. 5 amendment due process d. 8 amendment you may not be subjected to cruel and unusual punishment e. meaning of Constitution is never final f. Plessey v. Ferguson i. Supreme court itself changes its mind as well 8. Considering what the Constitution covers, it is a document of very few words a. Almost the shortest Constitution in the world b. Original Constitution had 4000 words c. Put out a few words on the main topics d. Leave gaps or silences where time and history will fill in what has not been directly addressed

e. Why we have implied powers and rights f. Mcullic v. Maryland i. We must never forget it is a Constitution we are expounding ii. Marshall - a Constitution cannot provide all the details 9. The Constitution is part of the historical process by which Americans have sought to improve their government a. Not the first constitution nor the last b. Simply a landmark along the way c. Changes in Constitution Revolutionary War d. Keep changing e. Amended 10 times in 2 years f. Since bill of rights amended 17 times g. 7 articles 27 amendments boring 7 27 10. It is, however, an incomplete description of how American government works. a. Says nothing about political parties b. Interest groups, power begins to affect people i. Healthcare ii. Labor c. Power of money i. Takes money to get elected d. Committee system e. Does not talk about gerrymandering