Principles of the Principles of the ConstitutionConstitution

September 18, 2012September 18, 2012Daily AP Review:Daily AP Review: A. Define judicial review

B. Explain how judicial review empowers the Supreme Court within the system of checks and

balances

ObjectiveObjective: Understand the basic principles and : Understand the basic principles and foundations of the US Constitutionfoundations of the US Constitution

I.I. Popular Sovereignty already Popular Sovereignty already coveredcovered

REVIEWREVIEWII.II. Separation of Powers Separation of Powers

(Federalist 51)(Federalist 51)1.1. Madison: Madison:

2.2. Colonial experiences-eg.Colonial experiences-eg.

3.3. Danger in 1 branch combining with anotherDanger in 1 branch combining with another

II. Checks and BalancesII. Checks and Balances1.1. WhatWhat: system of restraints in which each branch can : system of restraints in which each branch can

check the other two (avoid tyranny) THINK check the other two (avoid tyranny) THINK OLYMPIC RINGSOLYMPIC RINGS

1.1. Please complete the chart above: 1-2 checks need to be Please complete the chart above: 1-2 checks need to be where each ? is. where each ? is.

September 19, 2012September 19, 2012Objective: Understand the basic principles and foundations of the

US Constitution

AP Review: How is congressional decision making affected by the following presidential powers:

A.Veto Power

B.Commander in Chief

III. Limited GovernmentIII. Limited Government

Constitutional governmentConstitutional government: : DEFINITIONDEFINITION

Bill of RightsBill of Rights: safeguard against: safeguard against

1010thth Amendment- Amendment- Examples of States RightsExamples of States Rights

Free electionsFree elections

V. Changing the Constitution V. Changing the Constitution formallyformally Legacy of Articles-unanimous vote to Legacy of Articles-unanimous vote to

amend?? Problem? THINKamend?? Problem? THINK Process of Amending reflects federal Process of Amending reflects federal

systemsystem

1.1. ProposalProposal1.1. 2/3 vote from both houses of Congress2/3 vote from both houses of Congress

2.2. RatificationRatification1.1. ¾ of state legislatures¾ of state legislatures

2.2. Time limit for ratification = 7 yearsTime limit for ratification = 7 years

V. Changing the Constitution INV. Changing the Constitution INformallyformally

MOST COMMON WAY TO CHANGE THE MOST COMMON WAY TO CHANGE THE CONSTITUTIONCONSTITUTION

1.1. Acts of Congress (Acts of Congress (Civil Rights Act 1964Civil Rights Act 1964))

2.2. Judicial Rulings (Judicial Rulings (Plessy v. FergusonPlessy v. Ferguson))

3.3. Presidential Actions (Presidential Actions (executive privilegeexecutive privilege))

4.4. Customs and Traditions (Customs and Traditions (senatorial courtesysenatorial courtesy))

IV. Judicial ReviewIV. Judicial Review

Power of courts to strike down laws or governmental Power of courts to strike down laws or governmental actionsactions

Marbury v. Madison, 1803Marbury v. Madison, 1803 Facts: (midnight judges) including Marbury, Jefferson Facts: (midnight judges) including Marbury, Jefferson

ordered Madison to not deliver commissions of judgesordered Madison to not deliver commissions of judges Justice Marshall-did not have to grant the commissionsJustice Marshall-did not have to grant the commissions EFFECTS: Citizens can challenge constitutionality of laws EFFECTS: Citizens can challenge constitutionality of laws

in court-lawsuits-litigation important way of making public in court-lawsuits-litigation important way of making public policypolicy