Changes

The United States is the only nation in the history of the world that is founded on an '''''idea'''''.  And what is that "idea"?  The Constitution.

The United States is the only nation in the history of the world that is founded on an '''''idea'''''.  And what is that "idea"?  The Constitution.

This lecture is to review the key parts of the course, particularly the Constitution and how it works.  Let's begin by considering this quotation:

This lecture reviews and expands on the key parts of this course, particularly the basic concepts in the United States Constitution.  Let's begin by considering this quotation from an important United States Supreme Court decision:

 

{{cquote|Of the various structural elements in the Constitution, separation of powers, checks and balances, judicial review, and federalism, ... federalism was the unique contribution of the Framers to political science and political theory. Though on the surface the idea may seem counter-intuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one.  'In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.' The Federalist No. 51, p. 323 (C. Rossiter ed. 1961) (J. Madison).}}

{{cquote|Of the various structural elements in the Constitution, separation of powers, checks and balances, judicial review, and federalism,... federalism was the unique contribution of the Framers to political science and political theory. Though on the surface the idea may seem counter-intuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one.  'In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.' The Federalist No. 51, p. 323 (C. Rossiter ed. 1961) (J. Madison).}}

This is taken from an opinion by Justice Kennedy in the U.S. Supreme Court decision of ''United States v. Lopez'', 514 U.S. 549, 575-76 (1995), in which he agreed (concurred) with the majority of the Court but wrote separately to express his own view.

This is taken from an opinion by Justice Kennedy in the U.S. Supreme Court decision of ''United States v. Lopez'', 514 U.S. 549, 575-76 (1995), in which he agreed (concurred) with the majority of the Court but wrote separately to express his own view.

== "checks and balances" ==

== "checks and balances" ==

When Justice Kennedy refers to "checks and balances," he means how the three branches of the federal (national) government stand up to each other prevent each other from acquiring too much power.  When one branch oversteps its authority, such as Congress passing an unconstitutional law, then the U.S. Supreme Court declares the law to be invalid.  When the Supreme Court oversteps its authority, then the President refuses to execute (apply) the ruling.  President Andrew Jackson, who governed almost like a king, is famous for declaring after a Supreme Court ruling in favor of Indians that President Jackson did not like, "John Marshall has made his decision; now let him enforce it!"  (John Marshall was the Chief Justice of the Supreme Court for nearly 35 years in the early 1800s, who presided over a massive expansion in the power of the Court)  President Jackson's point was that the Supreme Court has no enforcement power of its own, and a "check and balance" on its power is when the executive branch refuses to enforce its ruling.

When Justice Kennedy refers to "checks and balances," he means how the three branches of the federal (national) government stand up to each other to prevent each other from acquiring too much power.  When one branch oversteps its authority, such as Congress passing an unconstitutional law, then the U.S. Supreme Court declares the law to be invalid.  When the Supreme Court oversteps its authority, then the President refuses to execute (apply) the ruling.  President Andrew Jackson, who governed almost like a king, is famous for declaring after a Supreme Court ruling in favor of Indians that President Jackson did not like, "John Marshall has made his decision; now let him enforce it!"  (John Marshall was the Chief Justice of the Supreme Court for nearly 35 years in the early 1800s, who led the massive expansion in the power of the Court)  President Jackson's point was that the Supreme Court has no enforcement power of its own, and a "check and balance" on its power is when the executive branch refuses to enforce its ruling.

How could Congress "check and balance" the power of the U.S. Supreme Court (and all federal courts)?  In many ways:

How could Congress "check and balance" the power of the U.S. Supreme Court (and all federal courts)?  In many ways:

*refuse to provide funding for the courts (Congress is what must approve all funding of the federal government)

*refuse to provide funding for the courts (Congress approves funding for the federal government)

*impeach judges (as Congress unsuccessfully attempted in the case of Samuel Chase)

*impeach and remove judges (as Congress unsuccessfully attempted in the case of Samuel Chase)

*remove jurisdiction from the federal courts over certain issues (as Congress has done for disputes over reimbursement in Medicare, which is the government health insurance for people over 65 years old)

*remove jurisdiction from the federal courts over certain issues (as Congress has done for disputes over reimbursement in Medicare, which is the government health insurance for Americans over 65 years old)

*abolish entire lower courts (the Constitution requires only that the U.S. Supreme Court exist)

*abolish entire lower courts (the Constitution requires only that the U.S. Supreme Court exist)