The Const. is a statement of Limited Government Govt. can only do those things that the Const....

The Const. is a statement of Limited Government

Govt. can only do those things that the Const. allows.

The result is a “Limited” Government.

Powers of the National Govt. are divided between the three branches

This “separation” is another way of limiting the power of the govt. No one branch can become overly powerful.

Compare to a Parliament◦ The three “branches” of govt. are all contained

within one body, the legislature

Judicial Review – the power of the court to determine the constitutionality of a government action or law

This is the main “check” that the Judicial Branch has over the other two branches

Unconstitutional – invalid because it is in conflict with the constitution

Unconstitutional – a governmental action found to violate some provision of the constitution.

The offensive action / law becomes null and void, of no force or effect!

Amendments may be proposed by a 2/3 vote in EACH house of congress

Amends must be ratified (adopted) by ¾ of the state legislatures. 38 out of 50 states

26 of our 27 Amends have become law through this method

Other methods exist but are rarely used

Other types of changes to the Constitution

Congress passes laws that give meaning to basic constitutional concepts (flexibility for changing society)

Congress uses its existing power in new and different ways over the years

Executive Action – the President’s ability to make some decisions without consent of Congress

Executive Agreement – a pact made by the President with the head of a foreign govt.

The Supreme Court, for example, changes its mind over time about the meaning of the constitution

What was once constitutional may not be at a later date

The Constitution does not provide any guidelines for Political Parties

Nevertheless, the development of political parties have changed the way that govt. operates and runs elections

Over time, customary practices have been accepted as normal and even expected.

May someday become an official amendment.

Article I – The establishment of the Legislative Branch◦ House of Representative and a Senate◦ Powers of each.

Article II – The establishment of the Executive Branch.◦ The office of the President and Vice President.◦ Qualifications, powers, electoral process etc.

Article III – The establishment of the Judicial Branch.◦ Establishment of the Supreme Court and a

process for the creation of lower courts Article IV – The States

◦ Powers of the States◦ Relationship between the States and the National

Government.

Article V – The Amendment Process Article VI – Legal Status of the Constitution The Constitution is the Supreme Law of the

land. Oaths of Office and National Debts. Article VII – Ratification Process