American Government and the Constitution Lecture Two

American Government and the Constitution Lectures: 1-2-3-4-5-6-7-8-9-10-11-12-13-14

A fun way to learn more about the Constitution is to try to answer this question: which are its greatest provisions, and what inspired those provisions?

In our last Lecture we discussed the Preamble (We the People of the United States, in Order to form a more perfect Union ...."), and courts have construed it not to have any legally binding effect. The Preamble is merely "window-dressing", and does not establish any rights of the people, or any powers of government. It is a very eloquent introduction to the document.

After the 52 words of the Preamble, what is the most important provision? The winner might be the very next sentence, Article I, Section 1, which states:

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All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

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Only 25 words long, this Section 1 is perhaps the single most important provision in the entire Constitution. It is the result of the "Great Compromise" between the big and small States at the Constitutional Convention. The big states have more power in the House of Representatives, because there are more people in the big States and the number of representatives in the House is based on population. The small states have equal power in the Senate, because every State has exactly two representatives there, no matter how big or small the State is.

Article I

Article I is the first and most important Article in the Constitution, because it establishes and limits the legislative power of the national (federal) government. The "and limits" is often forgotten by the public. The federal government is a government of only limited powers. It can do only what it is allowed to do under its enumerated powers in the Constitution.

Congress cannot pass a law unless the law is authorized by one of the clauses in Article I of the Constitution. For example, Congress cannot establish a local federal police force in anyone's town. Congress does not have that power under the Constitution.

When Congress occasionally passes a law outside of its powers under Article I, then the Supreme Court usually declares the law to be invalid and unenforceable.

Copyright and Patent Clause

Without much discussion, the Framers of the Constitution inserted this clause to protect authors (with copyright) and inventors (with patents):

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To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

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In 1787, when the Constitution was written, the word "science" meant generalized learning, such as natural philosophy. The word did not have the connotation of technology or inventions that the word has today. The "Progress of Science" meant new books and other creations of authors; the "useful Arts" meant inventions.

The Patent Act of 1790 provides that a person who has "invented or discovered any useful art, manufacture, engine, machine, or device, or any improvement therein not before known or used" may be awarded a patent.

Necessary and Proper Clause

The Necessary and Proper Clause, unofficially known as the Elastic Clause, has been used to expand the power of the federal (national) government.

Origination Clause

An example of the influence of England on the Constitution is the Origination Clause, which is Article I, Section 7, clause 1:

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All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

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Magna Carta

Nearly 800 years ago, in the summer of 1215, the English King John agreed to the Magna Carta.