Constitution

Importance to You U.S. gov’t is built on a document One of the best gov’t documents ever

written It has lasted over 230 years Gives you your rights Focal point in society today

Tea Party, Health Care Bill, Financial Markets

When adopted, US Constitution was only written constitution in existence Original Structure (nothing else like it when it was

written) The main issue was National vs. State relations

Who would hold the power Compromises brought about what was known as

federal system

How is Constitution Broken up? Preamble (intro) 7 Articles

Outlines the basic organization and powers of each branch

27 Amendments

Six Basic Principles Popular Sovereignty

Power resides in the people Gov. can only govern with consent of people We give the government power through the

Constitution Issue today

“When the people fear their gov’t, there is tyranny; when the gov’t fears the people, there is liberty.” –Thomas Jefferson

Limited Government No government is all powerful Government must obey the law Constitutionalism

All government action must be according to the Constitution

Rule of Law Government and officers are never above the law

Separation of Powers This principle provides for the three branches of

the Government to serve different purposes and functions

Separate but equal in power Legislative

Makes and decides laws Executive

Administers the laws, informs people and governments about them and makes sure they all comply

Judicial Judges decide whether the laws violate the

constitution What the wording of the laws mean Whether the acts of individuals or the government

violates the laws

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many… may justly be pronounced the very definition of tyranny.”- James Madison

Checks and Balances Constitution gave each branch of government

powers to oppose the other two branches They also have to work together to get things

done Checks and Balances Chart

top of pg 68 textbook

Judicial Review The power to declare government action

unconstitutional Null, void, illegal

Held by all federal and state courts Established in Marbury v. Madison in 1803 Supreme Court has struck down many cases

dealing with Congress, President, and the States

John Marshall Chief Justice

Marbury v. Madison

Federalism Division of powers between different levels of

government Each level governs in its own area of concern

Central Govt. in D.C. Foreign policy

State Govt. in Topeka Police and domestic decisions

Differs from a confederation in which central govt. depends on the local govt. to administer its programs

A compromise between All powerful central govt. (unitary) All powerful local govt. (confederation)

Constitution distributes governmental powers to the two levels of govt.

National State

Constitution is clearly a written document, but its meaning ultimately depends on its interpreters.

Parties formed Elastic Clause pg 765 Clause 18

Changing the Constitution Three basic ways to change the

Constitution

Amendments Proposed Ratified

1st Method Proposed by 2/3 vote in each house of Congress Ratified by 3/4th’s of State Legislatures 26 of 27 Amendments have been adopted this

way

2nd Method Proposed by Congress (2/3 vote) Ratified by conventions held in 3/4th’s States(38) 21st Amendment passed this way

3rd Method Proposed by National convention Ratified by 3/4th’s of State Legislatures(38)

4th Method Proposed by National Convention Ratified by Conventions in 3/4ths of States(38)

Amendment Groupings 1-10

Bill of Rights (enumerate the given rights of man)

13,14,15,24 Prohibit inequality

19,23,26 Deal with voting rights

11,12,16,17,20,22,25 Deal with machinery of government

18,21 Deal with prohibition

12,16,26 Overturned Supreme Court decisions

How else can it be changed? Basic Legislation by congress Executive Action

Executive agreements Treaties

Supreme Court decisions Political parties Custom

Changes by Interpretation Most substantial area of change Case of Marbury v. Madison in 1803

formulated Judicial Review This strengthened the power of the National

Government by giving the Supreme Court broad interpretation of several clauses in the Constitution

Interpretation Clauses: Necessary and Proper Clause (Elastic Clause) Interstate Commerce Clause Tax Clause

Changes by Custom Changes in custom are normally not

controversial, unlike the dissension involved with amendments and interpretation.

Changes in custom usually deal with Political Parties Congressional Committees President’s Cabinet