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The Constitutional Cornerstone

The Constitutional Cornerstone. Chapter 6. The U.S. Constitution Was designed “to endure for ages to come…to be adapted to the various crises of human affairs.” Was the earliest written constitution . Is the oldest constitution in continuous use .

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The Constitutional Cornerstone

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  1. The Constitutional Cornerstone Chapter 6

  2. The U.S. Constitution • Was designed “to endure for ages to come…to be adapted to the various crises of human affairs.” • Was the earliest written constitution. • Is the oldest constitution in continuous use. • Has been a model for many other constitutions. • Is “this nation’s most important export.”

  3. Practical Characteristics

  4. The framers of the Constitution designed it with a realistic view of human nature: Man has a • 1. desire for freedom. • 2. capacity to govern. • 3. a tendency to sin.

  5. The French Attempt To the contrary, the French constitution of 1792 (after the French Revolution) was based on the erroneous idea that mankind was basically good. It turned out badly when the guillotine became the chief governing instrument rather than the constitution. The first French Republic lasted only 3 years.

  6. Constitutional Interpretation • One reason the U.S. Constitution has been successful is because of its ability to adapt and change with American society. • Brief • General • Framework • Minimal structure • Guiding principles

  7. Interpretation • Because of its generality, the Constitution has been open to various interpretations. • Two primary ways of interpreting the Constitution are • Strictly (Strict Constructionists) • Broadly (Broad Constructionists)

  8. Strictly interpreted, what does this mean? Amendment IV: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (p. 124)

  9. Interpretation Strict Constructionists believe that the TEXT of the Constitution is important and that any interpretation or inferences must be kept to a minimum. Example: A strict constructionist would say that the 4th Amendment provides that citizens are protected against unlawful searches and seizures by the government.

  10. Broadly interpreted, what does this mean? Amendment IV: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (p. 124)

  11. Interpretation Broad Constructionists take a broader approach to Constitutional interpretation and tend to expand the meaning of the actual language in the document. Example: A broad constructionist interprets the Fourth Amendment to extend the right of privacy to the sale of birth control, abortion, birth control, even homosexual rights.

  12. Griswold v. Connecticut 1965 • The Supreme Court took the Broad Constructionist position.

  13. All 3 branches of the government play a role in adapting the Constitution to meet the needs of the nation.

  14. The Federal Courts and Supreme Court (judicial branch) interpret the laws and the Constitution. The Congress (legislative branch) makes laws which are “necessary and proper” for governance. The President (executive branch) sets executive precedent, issues executive orders, and may assume powers.

  15. One example of the president setting precedent is that George Washington refused to serve more than 2 terms as president. Even though it wasn’t prevented by the Constitution, only one president ever ran for more than two terms. He was elected to 4 terms. After his presidency, a Constitutional amendment was proposed and ratified limiting the president to two terms. (22nd Amendment)

  16. The Amendment Process The Constitution provides for a formal means of adapting to change.

  17. The Amendment Process • Two Major Phases of the Amendment Process • Proposal • Ratification

  18. The Amendment Process • Proposal: • The formal introduction of an amendment.

  19. Proposal • Two ways to propose an amendment: 1. 2/3 vote of BOTH houses of Congress 2. A special Constitutional Convention called at the request of 2/3 of the STATES.

  20. Ratification After an amendment has been formally proposed, it must be ratified to become law.

  21. Ratification • Two ways to ratify a proposed amendment: 1. Approval of ¾ of the States’ Legislatures 2. Approval of ¾ of Special State Ratification Conventions.

  22. Ratification Typically, Congress places a SEVEN YEAR time limit for ratification or the proposal expires.

  23. Ratification The first 10 amendments (The Bill of Rights) were added in 1791. Since then only 17 more amendments have been approved ( in 210 years). The small number of amendments reflects the STABILITY of the Constitution.

  24. Basic Principles

  25. Basic Principles • All of the basic principles embedded in the Constitution deal in some way with how to • DIVIDE • BALANCE • LIMIT, and • ALLOT governmental power.

  26. Basic Principles Limited Government Separation of Powers Checks & Balances Judicial Review Federalism Popular Sovereignty

  27. Limited Government • Government is limited to only those powers given it by the people through law. • The Constitution establishes • boundaries of power for the state and • limits of liberty for the people.

  28. Limited Government The Constitution is the “Supreme Law of the Land.” The central purpose of limiting government is TO PROTECT INDIVIDUAL FREEDOM.

  29. Separation of Powers • The three branches of government outlined in the Constitution are designed to prevent any group or individual from gaining too much power. • Separation of Powers • Three Branches: • Legislative Branch • Executive Branch • Judicial Branch

  30. Checks & Balances The various powers are separated in the three branches, but each branch also has authority to check and balance the others.

  31. Checks & Balancees • Examples: • The president can VETO acts of Congress. • Congress may OVERRIDE a president’s veto. • The Supreme Court may DECLARE LAWS UNCONSTITUTIONAL. • The president APPOINTS justices & make TREATIES. • Senate must CONFIRM his appointments & RATIFY the treaties. • Congress may IMPEACH the president or a judge.

  32. Checks & Balances One disadvantage of checks and balances is that it is inefficient and may cause government to work slowly or fail to function, creating GRIDLOCK. The development of POLITICAL PARTIES is partly responsible for the gridlock because people tend to work for the interests of their parties rather than the interests of the country or the people.

  33. Checks & Balances The advantage of preventing tyranny outweighs the disadvantage of government inefficiency.

  34. Judicial Review Judicial Review is the power of the judicial branch to review the constitutionality of laws passed by the legislative branch or rules made by the executive. This power is not spelled out in the Constitution but was established by precedent first in the 1803 case of Marbury v. Madison.

  35. Federalism Federalism is the division of power between national and state levels of government. Helps to further divide power (and thus prevent tyranny) Accommodates differences in various regions.

  36. Federalism • The Tenth Amendment: • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” • The original authority of the states has waned. After the Civil War, the Tenth Amendment was essentially gutted by applying federal laws to the states.

  37. “The Federal Government Bully in State and Local Elections” by Rep. Ron Paul, M.D. handout

  38. Popular Sovereignty Popular Sovereignty – the notion that the people are the ultimate source of their government’s authority. Who is the ultimate source of authority? “God establishes rulers through the vote of the people. Consequently, our rulers are accountable not only to God but to the people as well.”

  39. Popular Sovereignty • Like Judicial Review, Popular Sovereignty is not explicitly expressed in the Constitution. • “We the People…” • Expressed through representation & amendment provisions.

  40. Summary The U.S. Constitution is a cornerstone for ordered liberty, true self-government, and personal liberties that have made the United States a “city upon a hill.”

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