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Chapter 3

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Chapter 3

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  1. Basic Principles of Constitution1. Popular SovereigntyPeople are sole source of gov’t power “the will of the people”, “majority rule”2. Limited Gov’tGov’t is not all powerful - restricted Gov’t and its officers are all subject to law - must follow constitution3. Constitutional Supremacy/Judicial ReviewCreating hierarchy of law with federal law being supreme to state JR - give SC power to decide if laws made are constitutional4. Separation of Powersbreak total power of gov’t into 3 branches5. Checks & Balancesstop abuse of power of each branch by checking each other6. Federalism division of power between the federal gov’t and state gov’tLater specifically STATED in 10th AMENDMENT “ Powers retained by states and the people” - expressed. Chapter 3

  2. SUPREMACY CLAUSE – US Constitution is Supreme Law of the Land2 Basic levels of gov’t operate over the same territory and same people at the same timeFramers anticipated conflict so wrote the supremacy clause - ART VI, Sect 2LINCHPIN OF CONSTITUTION1. Constitution stands above all other forms of law - Supreme Law of the Land2. Acts of Congress, Treaties 3. State constitution4. State statutes5. Local law (ordinance) Chapter 3

  3. Override Presidential veto House impeaches; Senate – hold trial House controls budget Senate ratifies treaties; confirms appointment Declares executive orders unconstitutional Justices appointed for life Checks and Balances Chart Appoints federal judges Grants pardons, reprieves, commutations Veto bill Call special session Can propose bills Line –item veto (reject part of bill Chapter 3 Declares laws unconstitutional Confirm presidential appointment; Impeach/Remove federal judges Establish federal courts; set number of judges

  4. Marbury v. MadisonFederalistsDemocrats-RepublicansPresident John AdamsPresident Thomas JeffersonSecretary of State – John MarshallSec’y of State – James MadisonJudiciary Act of 1789 passed Madison by instruction of 1. Set SC justices number (5,6,9)Jefferson did NOT deliver the2. Created 13 Districts (lower courts) commissions3. Ordered SC to issue a Writ of MandamusTHEREFORESenate approved judicial appointmentsMarbury sued MadisonPresident Adam signs off on commissionsMarbury v. MadisonSealed by Sec’y of StatePoints1. original jurisdictionDelivered to new appointees 2. Supremacy Clause (Marbury)re: Judiciary Act 1789 3. Judicial Review Chapter 3

  5. FORMAL AMENDMENT PROCESSProposalRatification1. 3.2/3 in each House of Congress¾ of 50 state legislature must approveapprove proposal2/3 = 34 states ¾ = 38 statesOROR2. 4.2/3 of 50 state legislatures agree¾ of 50 state conventions to apply to Congressapprove proposed amendmentCongress calls a (only used once for get rid of NATIONAL CONVENTION Prohibition)Amendment formally proposed(never been used)If RATIFIED than AMENDMENT created and becomes part of the Constitution. #1  # 3 or #1 #4; #2 # 3 or #2 # 4 Chapter 3

  6. Informal Amendments – process by which many changes made in Constitution that HAVE NOT led to changes in the actual document.1. Basic Legislation - passage of laws that redefine OR define words of the ConstitutionConstitution provides for 1 SC and inferior courts-Judiciary Act 1789 – established all federal courts have been Acts of Congress-defining regulation of interstate commerce-Art II creates office only for Pres/VP, Depts, Agencies, and offices created by Acts of CongressCommerce Clause - expressed power to regulate foreign and interstate trade What is it? What does congress exactly regulate? -Congress passed statutes under the Commerce Clause to define these words.2. Executive Action - using Presidential powers to act independently of CongressConstitution only congress declares war; constitution made President - Commander and ChiefExpanding President war making powers without Congress declaringExecutive Agreement - pact between President and Head of foreign stateDifference between executive agreement and treaties not approved by SenateExecutive Agreement legally bound as treaties Chapter 3

  7. 3. Court Decisions - using court cases to interpret the Constitution Marbury v. Madison - judicial review4. Party Practices - using practices of political parties to change political processes Constitution does not mention Political parties no law provides for nomination of president candidacy parties have converted the EC for the popular vote most of congress conducts business on basis of party5. Custom - converting traditions to constitutional necessitymaking 15 Executive Departments make up cabinet When President died - VP would succeed - not made amendment until 25th - 1967Roosevelt - 4 terms - 22nd amend added 1951Senatorial Courtesy – Senator belonging to the same political party as the president can select from the list of Justice nominees to be considered before President makes nomination. Chapter 3

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