Basic Principles of Constitution1. Popular Sovereignty

People are sole source of gov’t power “the will of the people”, “majority rule”

2. Limited Gov’tGov’t is not all powerful - restrictedGov’t and its officers are all subject to law - must follow constitution

3. Constitutional Supremacy/Judicial ReviewCreating hierarchy of law with federal law being supreme to stateJR - give SC power to decide if laws made are constitutional

4. Separation of Powersbreak total power of gov’t into 3 branches

5. Checks & Balancesstop abuse of power of each branch by checking each other

6. Federalismdivision of power between the federal gov’t and state gov’t

Later specifically STATED in 10th AMENDMENT “ Powers retained by states and the people” - expressed.Chapter 3

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SUPREMACY CLAUSE – US Constitution is Supreme Law of the Land

2 Basic levels of gov’t operate over the same territory and same people at the same time

Framers anticipated conflict so wrote the supremacy clause - ART VI, Sect 2LINCHPIN OF CONSTITUTION1. Constitution stands above all other forms of law - Supreme Law of the Land2. Acts of Congress, Treaties 3. State constitution4. State statutes5. Local law (ordinance)

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Checks and Balances Chart

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Override Presidential vetoHouse impeaches; Senate – hold trialHouse controls budgetSenate ratifies treaties; confirms appointment

Confirm presidential appointment; Impeach/Remove federal judges

Establish federal courts; set number of judges

Veto billCall special sessionCan propose billsLine –item veto (reject part of bill

Appoints federal judgesGrants pardons, reprieves, commutations

Declares executive orders unconstitutionalJustices appointed for life

Declares laws unconstitutional

Marbury v. Madison

Federalists Democrats-RepublicansPresident John Adams President Thomas JeffersonSecretary of State – John Marshall Sec’y of State – James Madison

Judiciary Act of 1789 passed Madison by instruction of 1. Set SC justices number (5,6,9) Jefferson did NOT deliver the2. Created 13 Districts (lower courts) commissions3. Ordered SC to issue a Writ of Mandamus

THEREFORESenate approved judicial appointments

Marbury sued MadisonPresident Adam signs off on commissions Marbury v. Madison

Sealed by Sec’y of State Points 1. original jurisdiction

Delivered to new appointees 2. Supremacy Clause (Marbury) re: Judiciary Act 1789

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FORMAL AMENDMENT PROCESS

Proposal Ratification1. 3.2/3 in each House of Congress ¾ of 50 state legislature must approve approve proposal2/3 = 34 states ¾ = 38 states

OR OR2. 4.2/3 of 50 state legislatures agree ¾ of 50 state conventions to apply to Congress approve proposed

amendmentCongress calls a (only used once for get rid of NATIONAL CONVENTION Prohibition)Amendment formally proposed(never been used)

If RATIFIED than AMENDMENT created and becomes part of the Constitution. #1 # 3 or #1 #4; #2 # 3 or #2 # 4

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Informal Amendments – process by which many changes made in Constitution that HAVE NOT led to changes in the actual document.1. Basic Legislation - passage of laws that redefine OR define words of the ConstitutionConstitution provides for 1 SC and inferior courts-Judiciary Act 1789 – established all federal courts have been Acts of Congress-defining regulation of interstate commerce-Art II creates office only for Pres/VP, Depts, Agencies, and offices created by Acts of Congress

Commerce Clause - expressed power to regulate foreign and interstate tradeWhat is it? What does congress exactly regulate?-Congress passed statutes under the Commerce Clause to define these words.

2. Executive Action - using Presidential powers to act independently of CongressConstitution only congress declares war;

constitution made President - Commander and ChiefExpanding President war making powers without Congress declaring

Executive Agreement - pact between President and Head of foreign stateDifference between executive agreement and treaties not approved by SenateExecutive Agreement legally bound as treaties

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3. Court Decisions - using court cases to interpret the ConstitutionMarbury v. Madison - judicial review

4. Party Practices - using practices of political parties to change political processesConstitution does not mention Political parties no law provides for nomination of president candidacyparties have converted the EC for the popular votemost of congress conducts business on basis of party

5. Custom - converting traditions to constitutional necessitymaking 15 Executive Departments make up cabinetWhen President died - VP would succeed - not made amendment until 25th - 1967Roosevelt - 4 terms - 22nd amend added 1951Senatorial Courtesy – Senator belonging to the same political party as the president can select from the list of Justice nominees to be considered before President makes nomination.

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