Pols 110 Paul Johnson  Ch 2-2  Why has the Constitution lasted?
    Structure & Authority in Constitution
  How Does it Change
  Why has it lasted?

Overview
  Strong national government
  Separation of Powers
  Sharply limited role of states on many issues
  Indirect (limited) democracy.  House is directly elected, but Senate, Pres, and Sup. Ct.  were not.

Formal and other authority
  Enumerated (formal) Powers: Look at Articles I, II, III
  Implied Powers
    Congress: necessary & proper (elastic) clause
    Presidency: ?    Judiciary: ?

Vertical and Horizontal!
  Separation of Powers: division within one level
  SOP commonly described as "checks and balances"
  Or "separated Institutions sharing power"
  Federalism: distribution of authority between levels

Powers of Congress (Article 1)
  Law making procedure
  Section 8: what Cong. can do
  Section 9: what Cong. cannot do
  Section 10: what states may not do (keeps states out of Congress's way)

Sec. 8: make laws that
  Get MONEY! Tax & tariff, borrow, coin money
  Provide Defense & general Welfare
  Regulate commerce     /   Declare War  /  Post Office, roads, Science, Arts
  Last provision: necessary & proper clause

Section 9 highlights: Congress may not
  Ban  slavery until 1808
  Suspend Writ of Habeas Corpus
  Ex Post facto laws

Sec. 10: States must not:
  Make Treaties
  Coin money
  Impair obligation of contracts
  Declare war, except when invaded

Other special things
  Article 6: Constitution & U.S. laws are "supreme law of land" and are binding on states.
  Article 6: No religious test for public office

Presidential Power (Art II)
  Commander in Chief  /  Grant Pardons 
  Treaties (with Senate consent) /  Appointments (with Senate consent)
  State of Union address

Art III: Sup. Court
  Judicial Power undefined!
  But it applies to "all Cases arising under the Constitution, the Laws of the U.S., Treaties, lawsuits between states, etc.

How do you change the Const?
  Formal Amendment 
    Proposal: 2/3 of each house
    Ratification: 3/4 of states (either  Legislatures or state  conventions)
   2/3 of State legislatures may  demand a ConCon to propose  amendments (has never  happened)

Some important amendments!
  1-9: The Bill of Rights—protect people against Congress!
  10: States Rights
  16: Income tax
  17: Senate elections 
  18: Prohibition

Informal Changes: Reinterpretation
  Congress: Commerce Power and the necessary and Proper clause

Why does it work?
  Lasted 200+ years (compare to other countries)
  Endured     Civil War    Scandal


Watergate Scandal
  Nixon & Agnew 1972 /  Behind the scenes
   Nixon administration pursued political enemies with 
     Legal means
     Illegal means
        "dirty tricks" campaign against Vietnam war opponents
         Break-in at Daniel Ellsberg’s psychiatrist office (Pentagon papers case)
The Plumbers
   Nickname for secret White House/CREEP group paid from "slush fund"
   May 1972: bugged Democratic Campaign headquarters.
  1972-06-12 Arrests at the Watergate /   Nixon Aids: Doing Time
Whoa!
    John Mitchell: Nixon law partner, Atty General, campaign director
    John Dean: WH legal counsel
1973-10-10 Agnew Resigned
  Corruption in State of Maryland (Separate Scandal From Watergate)
  Replaced by Mich. Senator Gerald Ford  (under provisions of the new 25th amendment)
Ongoing Court & Congressional Inquiry 1973-4
  Pivotal Event: 
  Supreme Court orders Nixon to  hand over audio tapes of Oval  Office meetings
  Tapes reveal widespread  conspiracy & coverup in WH
Nixon Resigns 1974-08-09

Watergate Lessons
  Exposed dangers of Presidential ambition and abuse of power
  Nixon eventually forced out
  Democrats control Congress 1976
  Legal reforms
    Campaign finance reform
    Special Prosecutor Law
    CIA & Domestic Spying Reform

Why has Constitution lasted?
  Best damn document ever!
  Vague in all the right places
  Winning side can crush opposition
  Opponents can't find workable alternative

Useful Exercise
  Pick a scandal, figure what went  wrong, and right
  Iran/Contra (Reagan)   /  Toxic Superfund (Reagain)
  Whitewater/Lewinsky (Clinton)   /   Teapot Dome (Harding)