The Constitution

The Constitution Chapter 3

The Six Basic Principles of the Constitution • Popular Sovereignty • The government can govern only with the consent of the governed (People) • Sovereign people created the Constitution and the government • Limited Government • The government may do only those things that the people have given it the power to do • The government and its officers are always subject to the law

Separation of Powers • The Constitution distributes the powers of the national government among • Congress – Legislative Branch • The President – Executive Branch • Supreme Court – Judicial Branch • The Framers of the Constitution created a separation of powers in order to limit the powers of the government and to prevent tyranny – too much power in the hands of one person or a few people

Separation of Powers Congress President Supreme Court Legislative Branch Makes the Laws Executive Branch Enforces the Laws Judicial Branch Interprets the Laws

Checks and Balances • Each branch of government was subject to a number of Constitutional restraints by the other branches • Although there have been instances of spectacular clashes between branches, usually the branches of government restrain themselves as they attempt to achieve their goals.

Checks and Balances Can veto bills passed by Congress Appoints Justices to the Supreme Court Can declare Presidential actions unconstitutional Can impeach the President Can declare laws passed by Congress unconstitutional Can impeach the Justices

Judicial Review • Through the landmark case of Marbury v. Madison, 1803, the judicial branch possesses the power to determine the constitutionality of an action of the government • In most cases the judiciary has supported the constitutionality of government acts • In more than 130 cases, the courts have found congressional acts to be unconstitutional • The Court in 1998 struck down a law giving the president the power to cancel individual spending items and certain tax benefits contained in laws passed by Congress (Clinton v. City of New York). The Court said that the line-item veto—a goal long sought by presidents of both parties—unconstitutionally gave the president the power to unilaterally change the text of duly enacted laws. • They have voided thousands of acts of state and local governments • In 1973, the Court struck down all state laws which made abortions illegal in their ruling in the case of Roe v. Wade.

Federalism • This is the division of political power among a central government and several regional governments • United States federalism originated in the American rebellion against the edicts of a distant central government in England • Federalism is a compromise between a strict central government and a loose confederation such as that provided for in the Articles of Confederation.

Formally Amending the Constitution • Formal Amendments are written changes to the Constitution • Four Methods of the Formal Amendment process • An amendment is proposed by Congress by a 2/3rds vote in both houses, then ratified by 3/4ths of the State Legislatures. • Used for amendments 1-20, and 22-27 • An amendment is proposed by Congress by a 2/3rds vote in both houses, then ratified by special conventions in 3/4ths of the States • Used to ratify the 21ST amendment

An amendment is proposed at a national convention when requested by 2/3rds of the State Legislatures, then ratified by 3/4ths of the State Legislatures • An amendment is proposed at a national convention called by Congress when requested by 2/3rds of the State Legislatures, then ratified by special conventions held in 3/4ths of the States.

The 27 Amendments • The first 10 Amendments are called the Bill of Rights because they set out the great constitutional guarantees of freedoms for the American people • The Civil War Amendments (13, 14, & 15) combined to end slavery, define American citizenship, proclaim the rights of due process and equal protection of the law, and outlaw restrictions on the right to vote based on race, color, or previous condition of servitude • The other amendments further define the workings of government, empower the government in certain ways, or deal with important social issues.

First 10 Amendments Bill of Rights

1st Amendment • Five basic freedoms Speech Press Religion Assembly Petition

2nd, 3rd, & 4th Amendments • Second • Third • Fourth

5th Amendment • Due Process – can’t deprive someone of… Life Liberty Property

x Two Double Jeopardy Eminent Domain

6th, 7th, and 8th Amendments • 6th Amendment – speedy & public trial • 7th Amendment – jury in civil cases • 8th Amendment – no cruel and unusual punishment

9th & 10th Amendment • 9th Amendment – Rights not mentioned in the Constitution • 10th Amendment – Reserved Powers of the States

11th & 12th Amendments 11th Amendment Rules regarding lawsuits against the states 12th Amendment Voting procedures for the House and Senate when a Presidential Race ends up there

13th, 14th, 15th Amendments Civil war amendments

13th Amendment • Freed the slaves

14th Amendment • Citizenship • Citizenship in the U.S. • Due Process passed on to the states.

15th Amendment • Voting rights can’t be denied based on race, color, or previous condition of servitude

16th Amendment • Income Tax – made taxing people’s income legal.

17th, 18th, & 19th Amendments • 17th – popular election of Senators • 18th – Prohibition • 19th – Women’s suffrage

20th & 21st Amendments • 20th Amendment – moved Presidential inauguration date from March 4th to January 20th at 12:00 noon. • 21st Amendment – repealed prohibition

22nd Amendment • Terms Limits for the President • 2 terms, but no more than 10 years 2005 2001

23rd & 24th Amendments • 23rd Amendment – Gave Washington, D.C. three votes in the Electoral College • 24th Amendment – Outlawed Poll Taxes

25th Amendment • Presidential Succession – made the Presidential Succession Act of 1947 Official If the President is disabled, a majority of the Cabinet and the Vice President can sign a petition to Congress to turn power over to the Vice President.

26th & 27th Amendments • 26th Amendment lowered the legal voting age to 18 years old. • 27th Amendment authorized Congressional pay raises with the stipulation that they would not go into effect until after the next election.

Informal Amendments • Informal amendments are unwritten changes to the Constitution • Basic Legislation • Congress can pass laws that spell out some of the Constitution’s brief provisions • Congress can pass laws defining and interpreting the meaning of Constitutional provisions

Executive Action • Presidents have used their powers to delineate unclear Constitutional provisions • Making a difference between Congress’s power to declare war and the President’s power to wage war • Congress passed the War Powers Resolution • Presidents have extended their authority over foreign policy by making informal executive agreements with representatives of foreign governments, avoiding the Constitutional requirement for the Senate to approve formal treaties.

Court Decisions • The nation’s courts interpret and apply the Constitution as they see fit • The Supreme Court has been called “a Constitutional Convention in continuous session” • Party Practices • Political parties have been a major source of informal amendment • Political parties have shaped government and its processes by holding political conventions, organizing Congress along party lines, and injection party politics into the process of presidential appointments

Custom • Each branch of government has developed traditions that fall outside the provisions of the Constitution • VP succeeding the President upon the President’s death • 25th Amendment made this a formal amendment • George Washington’s ‘no third term’ precedent • Broken by FDR • 22nd Amendment made this a formal amendment • A long-standing example of an informal amendment is the Executive Advisory Body to the President – THE PRESIDENTIAL CABINET

The Constitution