EReading:
Brinkley et. al. | Constitutional Structure |
The Basic Structure of the ConstitutionLet's look at the basic structure of the U. S. Constitution and see how the Founding Fathers' beliefs about human nature and state were translated into a political structure!
1) The Legislative Branch
Bicameral: House (elected every two years to 2 year terms) and Senate (staggered elections to 6 year terms)
House elected directly by the people and Senate appointed by legislature (changed in 1913 to direct election)
Expressed powers include: collecting taxes, borrowing money, regulating commerce, declaring war, maintaining defense forces with all other powers belonging to the states unless deemed otherwise by the "necessary and proper" (elastic) clause
Exclusive powers: states are forbidden to issue their own paper money, tax imports and exports, regulate trade outside of their borders, impair the obligation of contracts
2) The Executive Branch
President elected to a four year term (maximum of two terms), elected indirectly (Electoral College)
Powers: can recognize other countries, negotiate treaties, grant reprieves and pardons, convene Congress in special sessions, veto congressional enactments
3) Judicial Branch
Lifetime appointment by President with approval of the Senate
Powers: resolving conflicts between federal and state laws, determining whether power belongs to state or national government, settling controversies between citizens of different states
4)National Unity and Power
Reciprocity among states: each state must give "full faith and credit" to official acts of the other states, and guarantees citizens of any state the "priveleges and immunities" of every other state.
5)Amending the Constitution
Requires two-thirds approval in Congress and three-fourths adoption by the states.
6) National Supremacy
The Constitution and national law are the supreme law of the land and cannot be overruled by state law.
7) Ratification
Constitution becomes effective when ratified by nine states.
It can be argued that four "great notions" about politics (as convenience)
can be discovered in the U.S. Constitution. They are:
1) social contract
2) federalism
3) republicanism
4) structural checks (separation of powers, checks and balances, (judicial review?))
Comparing U.S. vs. Ruritania
| U.S. | Ruritania |
| # of houses | bicameral
(House and Senate) | unicameral
(National Constituent Assembly) |
| system | federal | unitary |
| executive | President
(symbolic and pragmatic) | Prince Brian (symbolic)
Prime Minister (pragmatic) |