The Constitution

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Chapter 3

• The Constitution

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Section 1
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The Constitution

• It is our framework of government that outlines
  the procedures/powers of our government
• Preamble (We the People of the US, in order to
  form ) is the introduction to the constitution
  and tells the goals of our constitution.
• Articles there are 7 articles each covering the
  3 branches and then other issues such as state
  obligations, amendment procedures, etc.
• Amendments- the last section includes 27
  additions and changes that have been made to our
  Constitution.

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6 basic principles upon which the Constitution is
based

• Popular Sovereignty
• Limited Government
• Separation of Powers
• Checks and Balances
• Judicial Review
• Federalism

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Popular Sovereignty

• People are the source of governments power in
  this country
• The Preamble asserts this idea right from the
  very beginning, when it says, We the People of
  the United States ordain and establish this
  constitution for the United States.
• The Declaration of Ind. Also made it clear that
  the reason they must break ties w/ the King was
  b/c he had abused his power.

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Limited Government

• Rule of law and Constitutionalism go hand in
  hand.
• Rule of states that govt. officials are not above
  the law
• Constitutionalism says that government is to be
  guided by the principles found in the
  Constitution. Its powers/responsibilities are
  stated in the document.
• The Bill of Rights is also a great protector of
  our rights and freedoms from our government.

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Separation of Powers

• Each branch has different powers and
  responsibilities.
• The legislative branch makes the laws.
• The executive branch enforces the law.
• The judicial branch interprets the laws.

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Checks and Balances

• Each branch is subject to restraints from the
  other branches so that one branch doesnt become
  too powerful.
• Ex. Congress can impeach judges/president
• President can veto bills from Congress.
• 2/3 of Congress can override a veto of the Pres.
• Courts can declare laws of Congress or actions of
  the Pres unconstitutional
• President appoints judges, but Senate confirms
  them, etc.
• When president and Congress are from 2 different
  parties, we tend to see more checks and balances
  used!

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Judicial Review

• Not exactly written in the Constitution but the
  Supreme Court took this power with the case of
  Marbury v. Madison
• definition? Power to declare government
  actions/laws unconstitutional
• To date, 150 federal laws and 1000s of state
  laws, as well as several actions of the President
  have been found unconstitutional.

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Federalism

• Definition- dividing the power between the
  national government and several state
  governments.
• Under the Articles of Confederation the states
  were too independent and much conflict occurred.
• We created a new government so that the national
  government would be strong enough to keep the
  country together, but yet the states could
  maintain some degree of self government in
  certain areas.

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Section 2

• Formal Amendment

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Background How has the Constitution
changed/endured?

• We have the longest living Constitution still in
  force.
• We started as 13 states, today there are 50.
• We started as a nation of around 4 million
  people. Today there are 300 million people.
• How has the Constitution lasted? It is not the
  same document. It has been amended/altered both
  formally and informally. There have been 27
  formal changes and many informal changes (modify
  the meaning of what is already there w/ out
  changing the words).

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Formal Amendment Process

• The process of adding amendments is very
  difficult and slow. (The framers intended for
  changes to be made very cautiously).
• The process for making amendments is a two step
  process.
• Article V sets out two methods for proposing
  amendments and two methods for adopting
  amendments.

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Step One.. Proposing an amendment.

• There are two possible ways to propose an
  amendment. Both use the fraction 2/3
• Option 1- 2/3 of both chambers of Congress
  propose an amendment.
• Option 2- 2/3 of the states request that Congress
  call a national convention to consider a topic.
• All 27 amendments that we have today have gone
  through Congress. None have been proposed by the
  states.
• Over 10,000 ideas have tried to get over the step
  1 hurdle. Only 33 have made it to step two.

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Step 2 adopting an amendment

• There are two possible ways to adopt an
  amendment. Both use the fraction 3/4
• Option 1- ¾ of the state legislatures adopt the
  amendment. 38 states out of 50. 26 of the 27
  amendments have passed this way.
• Option 2- The states hold special conventions of
  the people (the people vote) and ¾ of the states
  special conventions vote to adopt the amendment.
  This means has only been used once w/ the 21st
  amendment to repeal the prohibition amendment.
• Of the 33 amendments that have made it through
  step 1, only 27 have made it through step 2.

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Federalism and Popular Sovereignty asserted in
the Amendment process.

• The Constitutional amendment process allows both
  the states and the people to have a role in
  changing the document.
• Amendments are not bills. They do go to the
  President for signing and the fractions needed
  for getting passed are much higher.

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Failed amendments the six that didnt get
through step two.

• Child Labor
• ERA
• Titles of foreign nobility
• Apportionment in the House of Reps.
• Allowing DC voting seats in Congress
• National government cannot end slavery
• All of these were rejected. States are given up
  to 7 years to adopt an amendment and they may
  change their mind at any time.

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The 27 amendments.

• The first 10 are called the Bill of Rights and
  deal mainly w/ individual liberties.
• 13-15 are called the Civil War Amendments (13
  ends slavery, 14 gives equal protection under the
  law, 15 gives black males the right to vote)
• Several amendments extend voting rights (15-
  black males, 17 electing Senators now, 19
  women, 23 DC can elect pres too, 24- No poll tax,
  26- 18 year olds)
• Several affect govt. procedures- (11, state law
  suits, 12 alters electoral college, 16 income
  tax, 20 ends lame duck by changing start date, 22
  term limits for pres, 25 disability of the pres,
  27 salary of Congress)

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Section 3

• Informal Amendments

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Informal Amendment what does that mean?

• The Constitution has been changed/modernized not
  just by changing her words. It has also been
  changed by other means which do not alter the
  actual document but still obtain a change in
  procedure or policy.
• There are 5 major ways which the document can be
  informally amended.

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5 means of informal amendment

• Basic legislation
• Executive Action
• Court Decisions/Interpretations
• Party Practices
• Customs/traditions

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Basic Legislation

• Congress can elaborate on the Constitution and
  clarify the meaning of a clause or expand on the
  coverage of a clause by passing laws.
• EX. Voting Rights Act of 1965, RFRA, ADA, Pres
  Succession Act of 1947, Labor laws, etc.

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Executive Action

• Manner in which the President uses his power can
  produce informal changes in the Constitution.
• Ex. Declaring war, executive agreements,
  executive orders and treaty powers can be used to
  increase pres. Power
• FDR set the model for an activist president

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Court Decisions

• Courts can find new rights from old ones. Can
  look at clauses in the Constitution and apply
  them to new situations. Judicial review is a
  very strong tool.
• Ex. Roe V. Wade (abortion), TX v. Johnson (flag
  burning), Engel v. Vitale (prayer in school),
  Mapp v. Ohio (searches), Miranda v. Arizona (must
  be told your rights), etc.

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Party Practices

• Parties are not mentioned in the Constitution but
  they have taken such a strong hold on our govt.
  Many things in our govt. are done along party
  lines. The parties have also virtually taken
  over the election process.
• Ex. Nomination of candidates, voting along party
  lines in Congress, committee assignments in
  Congress, leadership roles in Congress,
  appointments made by the Pres, electoral college
  winner take all

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Custom

• Unwritten customs can be as strong as written
  laws. Many traditional practices of our govt.
  have eventually been made into laws or
  amendments.
• Ex. Cabinet, filling a presidential vacancy,
  senatorial courtesy when appointing judges, no
  third term tradition, annual state of the union
  address