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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