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Chapter 3 – “The Constitution”

Chapter 3 – “The Constitution”. Section 3: Informal changes to the Constitution. The Formal Amendment Process. Quick review… 2 methods of proposal: 2/3 of both bodies of Congress 2/3 of a National Convention 2 methods of ratification: ¾ of state legislatures

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Chapter 3 – “The Constitution”

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  1. Chapter 3 – “The Constitution” Section 3: Informal changes to the Constitution

  2. The Formal Amendment Process • Quick review… • 2 methods of proposal: • 2/3 of both bodies of Congress • 2/3 of a National Convention • 2 methods of ratification: • ¾ of state legislatures • ¾ of state ratifying conventions

  3. “Informal Amendment” Process • Broad language provides us with a “skeleton” of a government… • Phrase is a misnomer – Why? • Political parties • * The judiciary • * Congress and legislation • Executive action • Customs and precedents

  4. Political Parties • 1796, George Washington: “the baneful effects of the spirit of the party.” • Electoral College, Congress, political conventions, appointments and nominations… • QUESTION – The United States government, Government through the people or Government through the party???

  5. The Judiciary • Landmark court cases… • The Judiciary is the ultimate authority of how the Constitution is interpreted! • * Marbury v. Madison, 1803 • judicial review…

  6. The Judiciary • “Aconstitutional convention in continuous session.” – Woodrow Wilson • EXAMPLES: • Griswold v. Connecticut – contraception • Loving v. Virginia – interracial marriage • Roe v. Wade – abortion • Judicial changes in the interpretation of the Constitution = nation's outlook changes as well!

  7. Legislation and Congress • Congress and the purpose of passing laws… • Adding “flesh to the bones” • Interpretation of constitutional provisions • “Elastic clause”/“Necessary and Proper clause” • EXAMPLE: • Powers of the Congress and the Necessary and Proper clause… • Commerce clause? – “interstate commerce”

  8. Legislation and Congress • Judiciary Act of 1789… • * Article III, Section 1: “…such inferior courts as Congress sawfit to establish.” • QUESTION – What has the Congress been left to decide?

  9. Executive Action • Presidents have used their powers to define unclear constitutional provisions… • EXAMPLE: • Congress's power to declare war and the President's power to wage war… • What is the dilemma?

  10. Executive Action • Presidents have extended their authority over foreign policy and avoided the constitutional requirement for the Senate to approve formal treaties… • Executive agreementsare pacts made by a President with heads of a foreign government… • FDR and executive agreements, post WWII • Treaties: formal agreement between two or more sovereign states… (AII, S2) • Examples?

  11. Customs and Precedents • Each branch of government has developed traditions that fall outside the provisions of the Constitution… • GW, FDR and the “two term” tradition… • Which amendment???

  12. Customs and Precedents • EXAMPLES: • President's cabinet • Senatorial Courtesy(Federal district court judges, U.S. attorneys, and federal marshals.) • QUESTION– Why is this important and what does it do?

  13. Quick Review: • *** In most of these cases, the Constitution was not actually changed… • *** These changes in meaning are significant because they can happen by a simple judge's ruling; and they are not a part of the Constitution, so they can be changed again later.

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