US ARMY COMMAND AND GENERAL STAFF COLLEGE P910: International Military Student Preparatory Course The United States

Constitution/Government The Articles of Confederation After winning its independence during the Revolutionary War, the new country situated on the eastern seaboard of North America needed to fashion some form of governmental system. The Articles of Confederation represent the first constitutional agreement made between the 13 American states. There was a need for unity among the new states that were created as a result of the American Revolution. The relative powers of the individual states and the Continental Congress also needed to be defined for the young country. This federal constitution was called the Articles of Confederation and was submitted to the Second Continental Congress on July 12, 1776. Three main points for Congress to debate existed in this new document: 1) The apportionment of taxes according to the population, 2) the granting of 1 vote per state, 3) the right of the federal government to dispose of public lands in the West. This debate led to several revisions and the document was adopted by the Congress on November 15, 1777. In its final form, the Articles of Confederation were comprised of a preamble and 13 articles. The document maintained the aspect of voting done by states, but taxes were based upon the value of buildings and land and not by a states population. The Articles also specified that no state could be deprived of territory for the benefit of the country and that all 13 states had to agree to any amendment of the federal governments power. The Articles of Confederation became the ruling document in the new nation after they were ratified by the last of the 13 American states, Maryland, in 1781. The Articles created a nation that was a league of friendship and perpetual union. The state governments retained most of the power under this framework, with a subordinate position given to the central government. The central government commanded little respect and was not able to accomplish much because it had little jurisdiction over states or individuals. The following were challenges to governing the new nation under the Articles of Confederation:

Congress (the central government) was made up of delegates chosen by the states and could conduct foreign affairs, make treaties, declare war, maintain an army and a navy, coin money, and establish post offices. However, measures passed by Congress had to be approved by 9 of the 13 states. Congress was severely limited in its powers. It could not raise money by collecting taxes; it had no control over foreign commerce; it could pass laws but could not force the states to comply with them. Thus, the government was dependent on the willingness of the various states to carry out its measures, and often the states refused to cooperate. The articles were virtually impossible to amend, so problems could not be corrected.

In the words of George Washington, the government created by the Articles of the Confederation was little more than the shadow without the substance. As the need for a stronger federal government began
Excerpts from: http://bensguide.gpo.gov/6-8/index.html

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to be realized, leaders from throughout the states got together to decide how to create it. The Federal Constitutional Convention of 1787 was responsible for drafting the Constitution of the United States, the document which took the place of the Articles of Confederation in 1789. The Constitutional Convention As previously mentioned, under the Articles of Confederation, each state remained independent, with a single vote, and there was no real power behind the central government. Within 2 years, it became obvious that the Articles of Confederation were weakmany people were in debt and states were printing money that was worthless. It was decided that the states should get together and fix the Articles in order unite the states under a strong central government. In May of 1787, a convention of delegates from all the states except Rhode Island met in Philadelphia, Pennsylvania. During the convention that chose George Washington as the first president, it was decided that the best solution to resolving countrys problems was to set aside the Articles of Confederation and write a new constitution. This meeting later became known as the Constitutional Convention. The delegates to the convention recognized the need for stronger central administration if the nation was going to survive. Early on, Gov. Edmund Randolph (Virginia) presented the Virginia Plan, which provided for a national government with three branches, the executive, the legislative, and the judicial.

Executive Branch: Provides leadership and enforces laws. Legislative Branch: Makes laws for the nation. Judicial Branch: Explains and interprets laws.

Many of the delegates were outraged at the word national, not wanting the states to lose their power. There was also debate between small states and large states about representation in the national government. Individual rights over state rights were also debated, as was the head of government. In the end, most of the Virginia Plan was used; however, it would require a Great Compromise. Aspects of the Great Compromise

A bicameral legislature made up of the Senate and the House of Representatives settled the debate over representation in the national government. Small states feared they would be ignored if representation was based on population. Large states, however, believed that their larger populations deserved more of a voice. Under the two-house system, each party would be represented in a balance of power. Each state would be equally represented in the Senate, with two delegates, while representation in the House of Representatives would be based upon population. Commerce and slavery were two issues that divided the colonies between North and South. Southern states exported goods and raw materials and feared the Northern states would take unfair advantage. The South finally agreed not to require two-thirds passage in both houses to regulate commerce. The North agreed that the slave trade could continue until 1808. Slaves would be taxed at not more than $10 each when brought in. In addition, slaves would be counted as three-fifths of a person for representation in the House of Representatives. Nationality requirements and provisions for amending and ratifying the Constitution were also addressed. It was decided that Senators would have to be citizens for nine years, while Representatives only seven. The President must be native-born. A system was set up whereby

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changes, or amendments, could be made to the Constitution. Nine of the 13 states must vote to ratify the Constitution before it could become law. The Constitution was finally finished on September 12, 1787 and made public; however, it did not contain any sort of Bill of Rights, even though that question had been heavily debated. Of the 42 delegates still present at the convention when it was finished, 39 signed the Constitution. Only Gov. Edmund Randolph (Virginia), George Mason (Virginia), and Elbridge Gerry (Massachusetts) declined to sign. Each of the original 13 states was then given six months to convene and vote on the proposed Constitution. During the next six months, there was much public debate. People in favor of the Constitution were called Federalists while those opposed were called Anti-Federalists. James Madison, Alexander Hamilton, and John Jay wrote a series of articles in favor of the Constitution that became known as The Federalist Papers. Some of these articles explained about the system of checks and balances in the Constitution wherein no one branch of government would have more power than the other two. These articles helped sway public opinion. The Constitution was finally ratified and became legal on June 21, 1788. The Bill of Rights When the Constitution was ratified in 1789, many people were concerned that it did not protect certain freedoms. They thought that the Constitution should be changed or amended to protect these freedoms. On December 15, 1791, ten amendments were added to the Constitution. The first eight amendments set out or enumerate the substantive and procedural individual rights associated with that description. The 9th and 10th amendments are general rules of interpretation of the relationship among the people, the State governments, and the Federal Government. These amendments guarantee certain freedoms and rights, so they are known as the Bill of Rights. Amendment ICongress 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. Amendment IIA well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the

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accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Amendment VIIIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment XThe 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. The Amendment Process There are essentially two ways to amend the Constitution. The first method is for a bill to pass both houses of the legislature, by obtaining a two-thirds majority in each house. Once the bill has passed both houses, it goes on to the states. The amendment must then be approved by three-fourths of states. This is the route taken by all current amendments. The second method prescribed is for a Constitutional Convention to be requested by two-thirds of the State legislatures, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This method has never been used to amend the Constitution. Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment. It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, or the ratification process. Branches of the Government The delegates to the Constitutional Convention faced a difficult challenge. They wanted to ensure a strong, cohesive central government, yet they also wanted to ensure that no individual or small group in the government would become too powerful. Because of the colonies experience under the British monarchy, the delegates wanted to avoid giving any one person or group absolute control in government. Under the Articles of Confederation, the government had lacked centralization, and the delegates didnt want to have that problem again. To solve these problems, the delegates to the Constitutional Convention created a government with three separate branches, each with its own distinct powers. This system would establish a strong central government, while insuring a balance of power. Governmental power and functions in the United States rest in three branches of government: the legislative, judicial, and executive. Article 1 of the Constitution defines the legislative branch and vests power to legislate in the Congress of the United States. The executive powers of the President are defined in Article 2. Article 3 places judicial power in the hands of one Supreme Court and inferior courts as Congress sees necessary to establish. The system of government described in the Constitution establishes branches of government that operate under a system called separation of powers. Under this system, each branch of government operates independently of the others. However, there are built in checks and balances to prevent concentration of too much power in any one branch and to protect the rights and liberties of citizens. For example, the President can veto bills approved by Congress and the President nominates individuals to P910 USCG-RA-1-4

serve in the Federal judiciary; the Supreme Court can declare a law enacted by Congress or an action by the President unconstitutional; and Congress can impeach the President and Federal court justices and judges. The Legislative Branch The legislative branch of government has the authority to make laws for the nation. Additionally, the Constitution grants a wide range of other powers such as coining money, maintaining a military, declaring war and regulation of interstate and foreign commerce. Congress also controls federal taxing and spending policiesone of the most important sources of power in the government. These powers are defined in Article I of the Constitution. In addition to the specified powers, the Constitution grants implied powers to congress. One of the most important implied powers is Congresss authority to investigate and oversee the executive branch and its agencies, such as the Department of Defense and the Department of Justice. Congress also holds hearings on matters of general public concern. Sometimes members of Congress conduct these hearings to identify problems that create a need for new laws. In other cases Congress holds hearings to raise public awareness about an issue. In addition to the powers described above, Congress shares powers with the president in matters such as, framing US foreign policy and control over the military. For example, while the president negotiates treaties, they are only put into effect once the Senate approves them. Also, while Congress can declare war and approve funds for the military, the president is the commander-in-chief of the military. Congress is bicameral, that is, it is made up of two chambers, the Senate and the House of Representatives. This system was created by the Founding Fathers after much debate. Delegates to the Constitutional Convention from larger and more populated states wanted congressional representation to be based upon population. Fearing domination, delegates from smaller states wanted equal representation. The Great Compromise resulted in the creation of two houses, with representation based on population in The House of Representatives, and with equal representation in the United States Senate. Agencies such as the Government Printing Office, Library of Congress, Congressional Budget Office, and the General Accounting Office, that provide support services for the Congress are also part of the legislative branch. The House of Representatives There are a total of 435 members in the House of Representatives. Each member represents an area of a state, known as a congressional district. The number of representatives is based on the number of districts in a state. Each state is guaranteed one seat. Every 10 years, the US Census Bureau counts the population of the states to determine what number of districts should be in each state. Representatives, elected for two-year terms, must be 25 years old, a citizen for at least seven years, and a resident of the state from which they are elected. Five additional membersfrom Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbiarepresent their constituencies in the House. While they may participate in the debates, they cannot vote. The United States Senate There are a total of 100 members in the Senate. The Constitution states that the vice president has formal control over the Senate and is known as the president of the Senate. The vice president is only present for important ceremonies and to cast a tie-breaking vote. Senators are elected for six-year terms; however, every two years, one-third of the Senators must run for reelection. This is why the Senate is called a continuing body because there is never an entirely new Senate like there is in the House. To be a Senator, one must be 30 years old, a citizen for at least nine years, and a resident of the state from which they are elected. P910 USCG-RA-1-5

Today, all members of Congress are elected by a direct vote of the people of the state they represent. However this has not always been the case. Prior to 1913, Senators were chosen by their state legislatures. The Senate was viewed as representative of state governments, not of the people. Based on the view, the 17th amendment to the Constitution was ratified requiring popular election of the Senators. Judicial Branch The judicial branch of government is established in Article III of the Constitution with the creation of the Supreme Court. This court is the highest court in the country and is empowered with the judicial powers of the government. There are lower Federal courts but they were not created by the Constitution. Rather, Congress deemed them necessary and established them using power granted from the Constitution. Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution. A courts authority to decide constitutionality is called judicial review. Supreme Court The Supreme Court, part of the judicial branch, was established in the Constitution as the highest court in the nation. The Supreme Courts most important responsibility is to decide cases that raise questions of constitutional interpretation. The Court decides if a law or government action violates the Constitution. This is known as judicial review. It enables the Court to overrule both federal and state laws when they conflict with its interpretation of the Constitution. Since the Supreme Court stands as the ultimate authority in constitutional interpretation, its decisions can be changed only by a constitutional amendment. Judicial review puts the Supreme Court in an important role in the American political system. It is the referee in disputes among various branches of the federal, as well as state governments, and is the ultimate authority for the most important issues in the country. For example, in 1954, the Court decision in Brown v. Board of Education banned racial segregation in public schools. The ruling started a long process of desegregating schools and other institutions. The Supreme Court is made up of nine Justices. One of these is the Chief Justice. They are appointed by the President and must be approved by the Senate. Justices have their jobs for life, unless they resign, retire, or are impeached. There are no official qualifications for Justices, but all have been trained in the law. Many Justices served as members of Congress, governors, or members of the Presidents Cabinet. One president, William Howard Taft, was later appointed Chief Justice. Executive Branch When the delegates to the Constitutional Convention created the executive branch of government, they gave the president a limited term of office to lead the government. This was very different from any form of government in Europe and caused much debate. The delegates were afraid of what too much power in the hands of one person might lead to. In the end, with a system of checks and balances included in the Constitution, a single president to manage the executive branch of government was adopted. The executive branch of Government enforces the laws of the land. When George Washington was president, people recognized that one person could not carry out the duties of the President without advice and assistance. The President receives this help from the Vice President, department heads (Cabinet members), heads of independent agencies, and executive agencies. Unlike the powers of the President, their responsibilities are not defined in the Constitution but each has special powers and functions. P910 USCG-RA-1-6

Many laws enacted by Congress require agencies to issue regulations. Executive branch agencies are granted the power to implement regulations relating to matters within their jurisdiction. For example, the Department of Health and Human Services (HHS) makes regulations regarding medical issues. Regulations are published daily in the Federal Register and are then codified in the Code of Federal Regulations once a year.

President: Leader of the country and Commander in Chief of the military. Vice President: President of the Senate and becomes President if the President is unable to serve. Departments: Department heads advise the President on policy issues and help execute those policies. Executive Agencies: Makes regulations to help implement laws. Independent Agencies: Help carry out policy or provide special services.

The purpose of the Cabinet is to advise the President on matters relating to the duties of their respective offices. As the Presidents closest and most trusted advisors, members of the Cabinet attend weekly meetings with the President. The Constitution does not directly mention a Cabinet, but the Constitutional authority for a Cabinet is found in Article II, Section 2. The Constitution states that the President may require the opinion, in writing of the principle officer in each of the executive departments, upon any subject relating to the duties of their respective offices. The Constitution does not say which or how many executive departments should be created.

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