Chapter 3 The Constitution

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Chapter 3The Constitution
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Section 1The Six Basic Principles

• An Outline of the Constitution
• 7,000 words
• Few details
• Organized in a simple straightforward way.
• Eloquent Preamble
• 7 Articles
• 1-3 establish the 3 branches
• 4 deals with the states
• 5 is about amendments
• 6 deals with It as Supreme Law
• 7 deals with ratification

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Section 1The Six Basic Principles

• The Basic Principles
• Popular Sovereignty
• The people are sovereignthe only source of
  power.
• Government can ONLY govern with the consent of
  the governed.

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Section 1The Six Basic Principles

• The Basic Principles (cont.)
• Limited Government
• No government is all powerful.
• Sometimes called Constitutionalism
• Sometimes called the Rule of Law
• All are subject to but never above the Law.
• The Constitution clearly limits government
• Includes the Great Guarantees
• Freedom of religion, speech, press, assembly and
  petition.

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Section 1The Six Basic Principles

• The Basic Principles (cont.)
• Separation of Powers
• In contrast to the Parliamentary System where all
  power resides in the Parliament.
• Article ILegislative Power
• Article IIExecutive Power
• Article IIIJudicial Power
• Separation of powers is intended to limit
  government

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Section 1The Six Basic Principles

• The Basic Principles (cont.)
• Checks and Balances
• Numerous
• No branch operates independently.
• Veto is a good example

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Section 1The Six Basic Principles

• The Basic Principles (cont.)
• Judicial Review
• Constitutional vs. unconstitutional.
• The case of Marbury vs. Madison in 1803.
• Landmark case to establish Judicial Review
• Federalism
• Division of power between national and states
• Motivated by experience in Articles and colonial
  era.
• A Great Compromise

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Section 2Formal Amendment

• 4 million to 290 million
• 13 colonies to 50 states
• Constitution is NOT the same now as in 1787.

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Section 2Formal Amendment

• Formal Amendment Process
• Article V
• Proposal by 2/3 of each house of Congress to be
  ratified by 3/4 of states (38).
• This method has been used 26 out of 27 amendments
• Proposal by 2/3 of each house and a call for
  conventions in the states. Then approved by 3/4
  of states (38).
• Only used once on the 21st amendment in 1933.
• Call from 2/3 of state legislatures (34) for a
  national convention to consider amendment. It
  must then be ratified by 3/4 of states (38).
  Never used.
• An amendment may be proposed by a national
  convention and then ratified in 3/4 of state
  conventions (38). Never used.

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Section 2Formal Amendment

• Formal Amendment Process (cont.)
• Federalism and Popular Sovereignty
• Approval process reinforces federalism and
  indirectly sovereignty.
• Sometimes criticized as being representative and
  not direct.
• The state legislature must act first.

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Section 2Formal Amendment

• Formal Amendment Process (cont.)
• Proposed Amendments
• No state may be deprived of its representation in
  the Senate.
• The President is NOT involveddoes not sign.
• If rejected by a state it may later be
  reconsidered, once approved, however, it is
  final.
• 10,000 amendment proposals have been submitted.
• Only 33 have been sent to the states and only 27
  ratified.

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Section 2Formal Amendment

• Formal Amendment Process (cont.)
• Proposed Amendments (cont.)
• 10,000 amendment proposals have been submitted.
• Only 33 have been sent to the states and only 27
  ratified. Six failed
• One proposed in 1789 with the Bill of Rights
  died.
• One offered in 1789 became the 27th
  (Congressional Compensation).
• 1810-foreign titles void citizenship.
• 1861-no slavery amendments.
• 1924 an act to regulate child labor.
• 1972 Equal Rights Amendment by 1984 fell short.
• 1978 representation for the District of Columbia
• A 7 year time limit for enactment started in 1917
  (ERA in 1979 was given a 3 year extension).

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Section 2Formal Amendment

• The 27 Amendments
• The Bill of Rights
• Proposed in 1789ratified by 1791.
• The Later Amendments
• The 12th corrected a electoral college problem
  after the election of 1800.
• The 13th abolished slavery in 1865, the 14th
  granted citizenship to blacks in 1868, and in
  1870 the 15th granted the right to vote to blacks.

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Section 2Formal Amendment

• The 27 Amendments (cont.)
• The Later Amendments (cont.)
• The 18th in 1919 prohibited alcohol and was
  repealed by the 21st in 1933..
• The 19th in 1920 granted women the vote.
• The 22nd in 1951 limited the presidency to two
  terms.
• The 25th in 1967 deals with presidential
  succession.
• The 26th in 1971 granted the vote to all over 18.
• The 27th in 1992 prohibits congressional raises
  during the current term.

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Section 3Constitutional Change by Other Means

• Basic Legislation
• Expanded into the detail
• Tens of thousands of laws
• Executive Action
• Commander in Chief
• Executive Agreementused frequently now
• Treatycumbersome process

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Section 3Constitutional Change by Other Means

• Court Decisions
• Marbury v. Madison in 1803
• A constitutional convention in continuous
  session
• Party Practices
• Not in the beginningWashington warned against.
• Party Conventions
• Electoral College

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Section 3Constitutional Change by Other Means

• Custom
• Unwritten
• Cabinet
• Vice President role developed
• Senatorial courtesya nominee must be acceptable
  in home state.
• No third-term for 150 years