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The United States Constitution

The United States Constitution. US Constitution. The Constitution is the United States’ fundamental law It is also “the supreme Law of the Land” meaning it is the highest form of law in the United States. Purpose of the Document.

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The United States Constitution

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  1. The United States Constitution

  2. US Constitution • The Constitution is the United States’ fundamental law • It is also “the supreme Law of the Land” meaning it is the highest form of law in the United States.

  3. Purpose of the Document • It sets out the basic principles upon which government in the US was built and operates today. • Length/Size of: • Relatively brief document • 7000 words • 6 pages long

  4. Breakdown of… • Constitution is broken into (3) parts: • The Preamble • 7 numbered sections called Articles • The 27 Amendments

  5. Articles of Constitution • Article I • Legislative Branch • Article II • Executive Branch • Article III • Judicial Branch • Article IV • State Relationship

  6. Article V • This part of the Constitution deals with: • How formal amendments may be added.

  7. Article VI • This part of the Constitution states: • The Constitution is the nation’s supreme law. • Oath of office

  8. Article VII • This part of the Constitution deals with: • The ratification of the Constitution.

  9. Popular Sovereignty • In the US, all political power resides in the people and is the only source for any and all governmental power. • Where does the National Government get its power? • People/States

  10. Limited Government Define Constitutionalism • Government must be conducted according to constitutional principles

  11. Separation of Powers • Legislative, executive and judicial powers are distributed (separated) among 3 distinct and independent branches of the government.

  12. Separation of Powers • Framer’s purpose: • Limit the powers of government

  13. Checks and Balances • The (3) branches of Federal government are tied together by a system of checks and balances • What does this mean? • Each branch can “check” the power of another

  14. Divided Government • Power divided between the legislative and executive branch between the 2 major parties. • Impact on government: • NOTHING gets done.

  15. Judicial Review Marbury v. Madison • Power of the courts to determine whether what government does is in accord with what the Constitution provides. • Definition: • Power to declare a government action illegal, null and void.

  16. Federalism Framers wanted a stronger central government. And also wanted to keep the concept of self-government.

  17. US Constitution The United States Constitution has been in force for over 200 years, making it the oldest written constitution in the world.

  18. US Constitution • Big difference is that the US is not the same country as it was in 1789. • Population over 300 million • 50 States • World leader

  19. Amendment Process 1st Method: Proposal by Congress, ratification by state legislatures (used 26/27)

  20. Amendment Process • 2nd Method: Proposal by Congress, ratification by state conventions (used once) • 21st Amendment: • Congress felt conventions would reflect people’s views better than state legislatures.

  21. Amendment Process 3rd Method: Proposal by convention of states, ratification by state conventions (never used) 4th Method: Proposal by convention of states, ratification by state legislatures (never used)

  22. Proposed Amendments • More than 10,000 joint resolutions have been proposed to Congress since 1789. • Only 33 have been sent to states. • Failed Resolutions: • Equal Rights Amendment • Forbid abolishing slavery

  23. 12th Amendment Change in Electoral College procedure: 1 vote for President and 1 vote for Vice President Reason: Election of 1800 ended in a tie between members of same political party.

  24. Civil War Amendments • 13th Amendment • Abolish Slavery • 14th Amendment • Equal citizenship and protection under law • 15th Amendment • No denial of right to vote based on race

  25. Other Amendments… 18th Amendment 26th Amendment Prohibition of selling, manufacturing , transporting alcohol. Minimum voting age no higher than 18.

  26. Constitutional Change • Many changes have been made in the Constitution which have not inv0lved the Amendment process. • There are (5) ways this change can happen.

  27. #1 – Basic Legislation • Congress has been a major agent of constitutional change in two important ways: • passed laws to spell out some of the Constitution’s brief provisions • added to the Constitution by the way it has used many of its powers

  28. Examples for Congress Judiciary Act of 1789 Presidential Succession Allows for Congress to set up lower federal courts. Constitution says Vice-President takes over for President ; but Congress decides after that.

  29. #2 – Executive Action • The manner in which various Presidents have used their powers has also contributed to the growth of the Constitution. • Power to declare war: • Congress has this power; but every president has used military without Congressional Declaration of War.

  30. Executive Agreements • Define: pact made by the President directly with the head of a Foreign government. • Treaty = agreement with foreign country approved by Congress. • Executive agreements are used more often: • WHY? treaties are more cumbersome.

  31. #3 – Court Decisions • The nation’s courts interpret and apply the Constitution in many cases they hear. • Marbury v. Madison

  32. #4 – Party Practices • No mention of political parties in the Constitution; yet they have been a major source of constitutional change. • Most Framers were opposed to political parties, but they have shaped the way are government operates.

  33. Political Parties: Examples • Neither the Constitution nor law provided for the nomination of a candidate for president. • Electoral College • Body that makes formal selection of President • What role do parties play in Congress? • Much of the business is organized and conducted based on the political parties • The President makes appointments with an eye on party politics.

  34. #5 – Custom Unwritten custom may be as strong as written law, and many customs have developed in our governmental system. There are many examples of this…

  35. Examples of Custom… • The Cabinet (advisory body to President) is made up of the heads of the 15 executive departments • Custom established the precedent that the vice-president became president when there was a death in the office – What ended this custom? • The 25th Amendment • Senatorial Courtesy • President will ask senators from a state about a presidential appointee from that state. • Custom for Presidents to serve (2) terms: • 22nd Amendment

  36. Federalism

  37. Federalism A system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments usually called states or provinces.

  38. Federalism and the Constitution • The Constitution provides for a division of powers between the National Government and the States . • The 10th Amendment: • Gives powers to states not given to Federal government in Constitution.

  39. Strength of Federalism • The major strength of Federalism: • It allows local actions in matters of local concern and national action in matters of wider concern.

  40. Powers of National Government • The National Government is a government of delegated powers: • powers granted to it in the Constitution. • There are (3) distinct types: • Expressed • Implied • Inherent

  41. Expressed Powers • Expressed Powers (or enumerated powers) • Powers that are spelled, expressly, out in the Constitution. • Collect taxes • Regulate commerce • Raise armed forces • Declare war • Fix standards/weights

  42. Implied Powers • Powers not expressly stated, but are reasonably suggested (or implied) by the expressed powers. • Article I Section of 8 of the Constitution gives Congress the power to make laws that “are necessary and proper”. • This is often called the elastic clause – WHY?

  43. Elastic Clause Over time, the clause has been STRETCHED to cover so much.

  44. Inherent Powers • These are powers that national governments have historically possessed. • Few in number: • regulate immigration • deport undocumented aliens • acquire territories • grant diplomatic recognition • protect the nation.

  45. Powers Denied • The Constitution denies the National government certain powers (3 ways):

  46. (1) Expressly Denied • Some powers are ‘expressly’ denied. • Examples: • Levy taxes on exports • Deny freedoms • Conduct illegal searches • Deny speedy trial

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