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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