Week 10.2 articles iv vii

Articles IV – VII of the Constitution &
Principles of the Constitution

Art. IV Sect. 1 Full Faith & Credit
Clause
What does the full faith and credit clause require?

Clause
- that each state must respect the laws, records, and judicial
rulings of all the other states
Examples:
- wills & driver's licenses
- fruit inspections (California)
- marriages
- NOT everything, however, such as casino gambling and
professional licenses
What issue is currently challenging this clause?

Clause
- that each state must respect the laws, records, and judicial
rulings of all the other states
Examples:
- wills & driver's licenses
- fruit inspections (California)
- marriages
- NOT everything, however, such as casino gambling and
professional licenses
What issue is currently challenging this clause? Homosexual
marriage

Art. IV Sect. 2: Privileges &
Immunities
Section 2.1: One's rights as an American citizen remain no
matter which state one is in or traveling through
However, non-residents don't necessarily have all the
privileges of residents (university tuition, hunting licenses,
etc.)
Extradition = ?

Art. IV Sect. 2: Privileges &
Immunities
Section 2.1: One's rights as an American citizen remain no
matter which state one is in or traveling through
- However, non-residents don't necessarily have all the
privileges of residents (university tuition, hunting licenses,
etc.)
Extradition = the process of returning (at the governor's
request) a fleeing criminal to that state in which he
committed a crime in order to stand trial there
- However, a governor can refuse this request, esp. if the
accused also committed crimes in the second governor's
state or he believes the accused to be innocent
Clause 3 concerned fugitive slaves and was obsoleted when
the Thirteenth Amendment outlawed slavery

Art. IV Sect.3: Territories
What are the conditions under which new states can be
admitted to the union?

Art. IV Sect.3: New States &
Territories
What are the conditions under which new states can be
admitted to the union?
1. No new state can be formed within an existing state and
2. No new state may be formed by joining two or more states
or portions of states
Unless Congress and the state legislatures involved agree to
it.
Note: Congress can put a condition on a state before
admitting it (Utah & polygamy)
Congress makes the rules & regulations for all U.S.
Territories
What are our territories?

U.S. Territories
Puerto Rico & Northern Mariana Islands are commonwealth
territories; Congress oversees them, but they have a lot of
autonomy
Pacific Islands such as Guam, American Samoa, and others
as well as the U.S. Virgin Islands

Art. IV Sect. 4: Republican form of
government guaranteed
All states must have a republican form of government
In return, what does the federal government promise?

Art. IV Sect. 4: Republican form of
government guaranteed
All states must have a republican form of government
In return, what does the federal government promise?
- to protect the states from foreign invasion or a domestic
rebellion

Art. V: Amending the Constitution
What has to happen in order to amend or change the
Constitution?

Art. V: Amending the Constitution
What has to happen in order to amend or change the
Constitution?
1. Either 2/3 of both Houses of Congress propose the
amendment
2. OR 2/3 of the state legislatures vote to ask Congress to
call a convention to propose amendments
- Note: This second method has never been tried b/c of fears
about the lack of defined procedures for such a convention
and worry that the convention might propose additional
amendments of its own (runaway convention).

Amending the Constitution, cont.
Once an amendment is proposed, what has to happen to
approve it?

approve it?
- It must be approved by ¾ of the state legislatures or by
special conventions in ¾ of the states, whichever
Congress stipulates
- Only the Twenty-First Amendment called for conventions;
all the rest were approved by state legislatures.
Two limitations on amendments:

approve it?
- It must be approved by ¾ of the state legislatures or by
special conventions in ¾ of the states, whichever
Congress stipulates
- Only the Twenty-First Amendment called for conventions;
all the rest were approved by state legislatures.
Two limitations on amendments:
1. Clauses concerning slave trade & representation could not
be changed before 1808
2. No state could be denied equal representation in the
Senate without the consent of that state.

Article VI: Constitutional & National
Supremacy
Section 1 Assumption of Previous Debts:
- The new government would honor the debts incurred by the
nation before the adoption of the Constitution
- Intention was to give the new nation credibility in the eyes
of the rest of the world, and it worked.
- The debt was soon paid off; sounds good, doesn't it?

Art. VI Sect. 2: Supremacy Clause
Constitution is the highest law in the land, in this order:
1. the U.S. Constitution
2. laws of the U.S. Government
3. treaties
4. constitutions of the states
5. state laws
6. local laws
State judges are to understand this and interpret the law
accordingly. States cannot choose which federal laws they
will obey. Also, treaties are subject to the Constitution,
which cannot be amended by a treaty.

Art. VI Sect. 3: Oath for officers of
federal & state governments
Requires all members of Congress, all members of the state
legislature, all members of the executive & judiciary
branches of both the federal and the state governments to
take an oath or affirmation that they will uphold the
Constitution.
- I have had to do this when serving as an election judge for
Larimer County.
No religious test required for federal office holders
- Note: A few states require a religious test but it would
probably not hold up if challenged in court
What do you think? Was this wise on the part of the
Founders, or should such a test have been required?

Art. VII: Ratification Procedures
How many state constitutional conventions needed to ratify
the Constitution in order to put it into effect?

Art. VII: Ratification Procedures
How many state constitutional conventions needed to ratify
the Constitution in order to put it into effect?
- Nine, which happened when New Hampshire ratified it in
June of 1788.
- Virginia & New York followed later that summer
- North Carolina didn't ratify it until November, 1789 after it
was already in effect
- Rhode Island waited until May of 1790 after Washington
was elected president and the Bill of Rights had been
passed.
Signed on Sept. 17, 1787 (without Rhode Island) and sent to
the states for ratification.

Basic Principles of the Constitution
U.S. Constitution was the first written constitution and is still
the longest surviving document of this kind
Has served as the model for the constitutions of many other
countries (despite the opinion of a certain Supreme Court
justice)
Was intended to last a long time, as Chief Justice John
Marshall said: “to endure for ages to come, and
consequently, to be adapted to the various crises of
human affairs.”
Is the Constitution a Christian document?

U.S. Constitution was the first written constitution and is still
the longest surviving document of this kind
Has served as the model for the constitutions of many other
countries (despite the opinion of a certain Supreme Court
justice)
Was intended to last a long time, as Chief Justice John
Marshall said: “to endure for ages to come, and
consequently, to be adapted to the various crises of
human affairs.”
Is the Constitution a Christian document?
- No; in fact, God is never mentioned in the document, BUT
the founders operated under a Christian worldview, both
those who were Christians and those who were not.

James Madison on human nature:
Does this sound like someone with a Biblical worldview?
“What is government itself, but the greatest of all reflections
on human nature? If men were angels, no government
would be necessary. If angels were to govern men, neither
external nor internal controls on government would be
necessary. In framing a government which is to be
administered by men over men, the great difficulty lies in
this: you must first enable the government to control the
governed; and in the next place oblige it to control itself.”
- James Madison, Federalist No. 51

In short, what did the founders think of power & human
nature?

James Madison on human nature:
Does this sound like someone with a Biblical worldview?
“What is government itself, but the greatest of all reflections
on human nature? If men were angels, no government
would be necessary. If angels were to govern men, neither
external nor internal controls on government would be
necessary. In framing a government which is to be
administered by men over men, the great difficulty lies in
this: you must first enable the government to control the
governed; and in the next place oblige it to control itself.”
- James Madison, Federalist No. 51

In short, what did the founders think of power & human
nature? “Power corrupts & absolute power corrupts
absolutely.

Examples of demonic governments: French Republic of
1780-

How Power Corrupts if not held in
check
Examples of godless, even demonic governments:
- French Republic of 1789-1792
- Soviet Union
- Revelation 13: 11-17
Can you think of any others?

The Problem of Constitutional
Interpretation
What are the advantages of having a general document that
is not very long or detailed and acts as a guide?
- can adapt to the future
Disadvantages? The way it is interpreted can vastly change
its meaning over time
Strict constructionists believe ?

Interpretation
Strict constructionists believe that the original text is
important and interpretation should be kept to a minimum
Broad Constructionists believe ?

Interpretation
Broad Constructionists believe that interpretation can and
should be broader and even creative in approach.
Does this remind you of anything in the Christian life?

Interpretation
Broad Constructionists believe that interpretation can and
should be broader and even creative in approach.
Does this remind you of anything in the Christian life?
- the controversies over Biblical translations and
interpretation

Right of Privacy
Is there a right to privacy mentioned in the Constitution?

Right of Privacy
- No, but that doesn't mean it doesn't exist. I think the
founders would agree that this is a natural right
So what is the problem with this right?

Right of Privacy
- No, but that doesn't mean it doesn't exist. I think the
founders would agree that this is a natural right
So what is the problem with this right?
- It has been used to promote various liberal causes such as
the right to purchase birth control, abortion, and
homosexual activity and marriage, all issues that were
largely forbidden in the U.S. Until the Griswold v.
Connecticut decision in 1965. Read quote on p.97 T.E.
As Supreme Court Justice Charles Evans Hughes said, “We
are under a Constitution, but the Constitution is what the
judges say it is.”

What is to be done?
What's the remedy for this problem with interpretation?
- To appoint judges who are not broad constructivists and
who respect the original intent of the writers as much as
possible.
In other words, judges who stick to interpreting the law rather
than legislating from the bench as was done in Roe v.
Wade and other decisions
Which clauses have led Congress to abuse power?

What is to be done?
possible.
- Necessary & proper clause, commerce clause, and general
welfare clause
How about the President?

What is to be done?
possible.
- Necessary & proper clause, commerce clause, and general
welfare clause
How about the President? Legislating through the use of
executive orders

How is the Constitution supposed to
adapt over time?

adapt over time?
Through the amendment process described in Article V.
How many times has the Constitution been amended?

adapt over time?
- 27 times out of 33 proposed amendments
Note: over 10,000 amendments have been offered over the
past 2+ centuries, but only 33 received the 2/3 vote of
Congress needed to pass the proposed amendments onto
the states for approval.
How many states have to ratify an amendment for it to pass?

adapt over time?
- 27 times out of 33 proposed amendments
Note: over 10,000 amendments have been offered over the
past 2+ centuries, but only 33 received the 2/3 vote of
Congress needed to pass the proposed amendments onto
the states for approval.
How many states have to ratify an amendment for it to pass?
38 (¾ of 50 = 37.5); must be done within a seven year time
limit.
Great list of suggested amendments on p. 99
What amendment(s) would you propose?

More on Amending the Constitution
So, is the amendment process easy or hard?

- Definitely hard; Is this a good thing or not?
What do people do to get around this problem?

- They try to pass laws through Congress and/or through
court decisions (abortion is a good example of this.)
Which is more permanent, a law or an amendment?

- They try to pass laws through Congress and/or through
court decisions (abortion is a good example of this.)
Which is more permanent, a law or an amendment?
- the amendment, so these are pursued in these cases:
1. when the proposed law would definitely be
unconstitutional (income tax, repeal of Prohibition)
2. the issue is of such national importance that it needs to be
clarified permanently (Presidential succession.)

The Founders figured these out from studying past
governments & their problems AND from their own
experiences with the problems of the Articles of
Confederation.
Thomas Jefferson taught himself Anglo Saxon so that he
could read their original writings on government; that's how
dedicated and scholarly our founders were!

Principle 1: Limited Government
What is meant by limited government?

Principle 1: Limited Government
What is meant by limited government?
- Government does not have absolute power, but is limited to
only those powers given to it by the people through law.
Memorize this definition!
Note: Limited government does not necessarily mean small
government. Conservatives often confuse the two. A big
country needs a big government, but the powers of that
government must be kept within strict boundaries.
Here's the beauty of its being written – the boundaries are
easier to see and not subject to the whims of our rulers, as
often happened in England with its unwritten constitution.
Note, too, that Parliament's power superseded that of the
unwritten constitution in England.

Principle 2: Separation of Powers
What are the three branches of the federal government?

- legislative (Congress – Article I; they make the laws)
- executive (President & Cabinet & federal bureaucracy –
Article II; they execute & enforce the laws)
- judicial (Supreme, District, Circuit, and other federal courts
– Article III; they interpret the laws)
What are the advantages and challenges associated with the
three branches of the government?

- legislative (Congress – Article I; they make the laws)
- executive (President & Cabinet & federal bureaucracy –
Article II; they execute & enforce the laws)
- judicial (Supreme, District, Circuit, and other federal courts
– Article III; they interpret the laws)
What are the advantages and challenges associated with the
three branches of the government?
- ads: helps to limit power
- disads: how to keep one branch from dominating the others
p. 101 Exercise: Which branch handles which power?

Principle 3: Checks and Balances
Checks & Balances = ?

Checks & Balances = keeping the power of each branch of
government in check through the power of another branch
of the government, the goal being to prevent the
concentration of power in one branch thus protecting
personal liberty
What are some example of checks & balances in our
Constitution?

Checks & Balances = keeping the power of each branch of
government in check through the power of another branch
of the government, the goal being to prevent the
concentration of power in one branch thus protecting
personal liberty
What are some example of checks & balances in our
Constitution?
- the President's veto power
- Congress's ability to overturn the veto
- Senate's power to approve or disapprove the President's
appointments & treaties
- the Supreme Court's ability to nullify acts of Congress & the
President if they find the act to be unconstitutional

More Checks & Balances
Congress's power of impeachment over both the executive &
judicial branches
Both Houses of Congress must pass a bill in order for it to go
to the President
Although President is Commander-in-chief, only Congress
can officially declare war
Disadvantages?

judicial branches
to the President
Disadvantages? Gridlock within Congress or between
branches, esp. Congress and the President
What causes this gridlock?

judicial branches
to the President
Disadvantages? Gridlock within Congress or between
branches, esp. Congress and the President
What causes this gridlock? Having two political parties that
may be in charge of different branches of the government
Which would you rather have? Tyranny or inefficiency?

Principle 4: Judicial Review
Judicial Review = ?

Principle 4: Judicial Review
Judicial Review = the power of the judicial branch to review
the constitutionality of laws passed by the legislative
branch
If a law is found by the court to be unconstitutional, it is
struck down by the court and thus nullified.
Again, this principle is not specified in the Constitution but
was asserted in 1803 in the Supreme Court case Marbury
v. Madison.
Doesn't this seem to give ultimate power to the Supreme
Court? What check is there on their decisions? Can only
be overturned by an amendment to the Constitution or a
later court ruling. Or a Civil War, yikes!

Principle 5: Federalism
Federalism = ?

Federalism = division of power between national and state
levels of government; the goal is to balance state and
national interests
Remember, the original 13 states were very independent and
quite different from one another. They had to be convinced
to work together under one national government. Power-
sharing between the states and the national government
was one of the incentives meant to draw them in.
Ads?

Federalism = division of power (power-sharing) between
national and state levels of government; the goal is to
balance state and national interests
Remember, the original 13 states were very independent and
quite different from one another. They had to be convinced
to work together under one national government. Power-
Ads: Division of power & accommodation of differences in
regions of the country
Disads?

Federalism = division of power (power-sharing) between
national and state levels of government; the goal is to
balance state and national interests
The original 13 states were very independent and quite
different from one another. They had to be convinced to
work together under one national government. Power-
Ads: Division of power & accommodation of differences in
regions of the country
Disads: Conflict can arise between states & national
government (slavery, Obamacare, etc.)

More on Federalism
The Reality today? The states have lost much power to
national govt.
Why? As James Kilpatrick has observed,
“John Marshall, the great chief justice, set about undermining
state authority in 1819. The Civil War accelerated the
process. In 1941 the high court described the 10th
[Amendment] as no more than a 'truism.' Now and then the
justices have said a kind word for federalism, much as one
pats an old dog, but it has been pretty much downhill all
the way.”
More on the Tenth Amendment next week.

Principle 6: Popular Sovereignty
Popular Sovereignty = ?

Popular Sovereignty = the people are the ultimate source of
their government's authority
Is this principle found in the Bible?

- Not so much, b/c God, not man, is clearly the ultimate
authority over government
So if principle at root is untrue, how should we think about it
as Christian Americans?

- Not so much, b/c God, not man, is clearly the ultimate
authority over government; See verses on p. 104 T.E.
So if principle at root is untrue, how should we think about it
as Christian Americans?
- In the U.S. God establishes rulers through the vote of the
people (rather than through royal succession, military
overthrow or other such means.)
- Thus, our rulers are accountable not only to God but to the
people as well.

Popular Sovereignty
How is this principle evident in the Constitution?

Popular Sovereignty
How is this principle evident in the Constitution?
- In the preamble, “We the people of the United States...”
- Through the practice of representative government
- Through the amendment process, the Prohibition
Amendment being an excellent example of how the voice
of the people was heard for better or worse.
This amendment process is also practiced in the states and
is definitely a way that the will of the people can be
imposed on their legislatures. Very true here in Colorado.
The legislature hates TABOR, which requires a vote of the
people to approve any tax increase, and has worked hard
to reduce its power.
See quotes on p. 104 T.E. From Randolph & Patrick Henry

The Challenge?
Having a populace that understands their responsibilities to
rule themselves
The People need to register to vote and then vote
The People must make time to be informed on the issues
The People need to understand their rights and what the
Constitution says
The People need to exercise self-discipline and not elect
representatives who make unconstitutional promises
The People need to participate in the political process and
run for office or get involved in other ways
The People must guard this privilege of self-government and
not let others take it away. See Soviet promises p.105.

Week 10.2 articles iv vii

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Week 10.2 articles iv vii