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The Constitution

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.

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The Constitution

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  1. The Constitution • One of the shortest and oldest • Took on aura of natural law, law that defines right from wrong, higher than human law.

  2. 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

  3. The Six Basic Principles • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

  4. Popular Sovereignty • The people are sovereign. They are the only source for any and all governmental power.

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

  6. Separation of Powers • The distribution of power amongst the three separate branches of government.

  7. Checks and Balances • Each 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

  8. 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

  9. Federalism • Division of power amongst a central government and several regional governments. • Becomes an issue sometimes in battle for power.

  10. Formal Amendment Section 2

  11. Formal Amendment Process • The Constitution provides for its own amendment, which is a change in written words.

  12. Formal Amendment Process • Proposed by 2/3 vote in both houses of Congress. Or • Proposed at national convention requested by 2/3 (34) of state legislatures. Step 1: Amendment Proposed Step 2: Amendment Ratification By 3/4 of State legislatures (38). Or By conventions held in 3/4 (38) of the states. Only 21st Amendment

  13. 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)

  14. 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

  15. 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

  16. INSTRUCTIONS Explain Amendment Any significant experiences with it What would our society be like without the amendment?

  17. Constitutional Change by Other Means Section 3

  18. Basic Legislation • All courts, except Supreme Court, set up by acts of Congress. • Other executive positions. Originally just president and vice president.

  19. 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”

  20. Executive Action • 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.

  21. Court Decisions Essentially this is just the Supreme Court interpreting the Constitutionality of certain laws Marbury v. Madison (1803) McCulloch v. Maryland (1819)

  22. 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.

  23. Custom • 15 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

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