The Constitution

One of the shortest and oldest

Took on aura of natural law, law that defines right from wrong, higher than human law.

It’s Design You do not need to write.

Begins with preamble.

Then divided into seven numbered sections called articles.

• First 3 deal with branches of government.

• Article 4 deals with place of states.

• Article 5 is for formal amendments.

• Article 6 Constitution is supreme law

• Article 7 requirements for ratification

Followed by 27 Amendments

1. Popular Sovereignty

2. Limited Government

3. Separation of Powers

4. Checks and Balances

5. Judicial Review

6. Federalism

The Six Basic Principles

Popular SovereigntyThe people are sovereign. They are the only source for

any and all governmental power.

Limited Government

No government is all powerful, government may only do the things that people give it power to do.

Separation of PowersThe distribution of power amongst the three separate branches of government.

Checks and BalancesEach branch of government is subject to a number of

restraints by the other branches.

• President appoints Supreme Court Judges, but Senate approves.

• Congress makes laws, Supreme Court may rule them unconstitutional

Judicial Review

Power of courts to determine the constitutionality of a law.

• Marbury v. Madison (1803)

• Not mentioned in the constitution

• Essentially a compromise by Justice Marshall

• So far 150 cases found unconstitutional

FederalismDivision of power amongst a central government and

several regional governments.

• Becomes an issue sometimes in battle for power.

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Section 2

Formal Amendment

Formal Amendment ProcessThe Constitution provides for its own amendment,

which is a change in written words.

Formal Amendment Process

Step 1: A

mendment

Propose

dProposed by 2/3 vote in both

houses of Congress.

Or

Proposed at national convention requested by 2/3 (34) of state legislatures.

Step 2: Amendment

Ratifica

tion

By 3/4 of State legislatures (38).

Or

By conventions held in 3/4 (38) of the states.

• Only 21st Amendment

Federalism and Popular Sovereignty

A State cannot require an amendment to be approved by a vote of the people.

• Hawke v. Smith (1920)

Can call for an advisory vote.

• Kimble v. Swackhamer (1978)

Proposed Amendments

Must follow one rule.

Article V: “no State without its Consent, shall be deprived of equal suffrage in the Senate.”

• 10,000+ joint resolutions calling for amendments since 1789

• 33 have been sent to the States

• 27 have been ratified

27th Amendment took 203 years to ratify

Important Amendments to You

26th in 1971 lowered voting age to 18.

13th, 14th, 15th ended slavery, granted citizenship, and the right to vote.

22nd limit on presidential terms

• 18th prohibition

• 21st no more prohibition

16th power to tax income

INSTRUCTIONS

Explain Amendment

Any significant experiences with it

What would our society be like without the amendment?

Section 3

Constitutional Change by Other Means

Basic LegislationAll courts, except Supreme Court, set up by acts of

Congress.

Other executive positions. Originally just president and vice president.

Basic Legislation Cont…Congress has changed Constitution in two ways

• Passed laws to spell out several of the Constitution’s brief provisions

• Congress has added to the Constitution by the way it has used its powers.

Interpreting phrases like “interstate commerce”

Congress declares war, but President is Commander in Chief of armed forces.

• Presidents have used troops abroad 100s of times without declaration of war.

• Also executive agreement, a compact with a foreign state, avoids treaty process.

Executive Action

Court Decisions

Essentially this is just the Supreme Court interpreting the Constitutionality of certain laws

• Marbury v. Madison (1803)

• McCulloch v. Maryland (1819)

Party Practices

No mention of parties in the Constitution

Washington against parties.

National conventions have no constitutional basis or law support, but used since 1830s.

Custom15 executive departments make up the Cabinet, and

advisory body to the President.

Vice President takes over upon death, not official until 1967 (25th Amendment)

FDR and “no-third -term tradition “ from Washington.

• 22nd Amendment in 1951