LEJSASR

Six Basic Principles

Changing the Constitution

THE CONSTITUTION

L E J S A S R A

TIFICATION

XECUTIVE

UDICIAL

TATES

MENDMENTS

UPREMACY

EGISLATIVE

-- working document-- breathing document-- brief document-- 7 articles-- Article One (Legislative branch) the longest-- 27 amendments-- First 10: Bill of Rights

THE CONSTITUTION

Popular SovereigntyLimited GovernmentSeparation of PowersChecks and BalancesJudicial ReviewFederalism

SIX BASIC PRINCIPLES

POPULAR SOVEREIGNTY

-- Government must obey the law-- Constitutionalism or the “rule of law”-- many amendments begin “Congress shall make no law…”ht tp : / /www.you tube .com/watch?v=vFHYiOfBRng

When did the US see the greatest challenge to this principle?

LIMITED GOVERNMENT

-- compromise between nearly independent States and a unitary government

Are some issues better solved at the local level?

In what ways are the states “laboratories” of democracy?

FEDERALISM

-- each power of the gov’t is vested in a separate branchLegislative: Make the lawExecutive: Execute (carry out) the lawJudicial: Interpret and apply the law

Why did the Founders make this a principle of the Constitution?

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many… may justly be pronounced the very definition of tyranny.”

-- James Madison (Federalist 47)

SEPARATION OF POWERS

-- each branch has powers to check the other branches-- highlights the need for compromiseWhat role does partisanship play in this process?

Legislature Executive JudicialMake laws can veto rule on lawAppropriates $ runs agencies Approves judges nominates judges

CHECKS AND BALANCES

-- not explicit in the Constitution-- case is made in the Federalist Papers (51 & 78)-- established by John Marshall in Marbury v. Madison-- Hamilton: “essential safeguard against the eff ects of occasional ill humors in society.” – Federalist 78

JUDICIAL REVIEW

FORMAL AMENDMENT

-- amendment process explained in Article V-- four methods for proposal and ratification-- only two used-- 27 amendments-- First 10 called “Bill of Rights”

HOW DO WE AMEND?

-- used for 26 of 27 amendments-- proposed by 2/3 vote in each house of Congress-- ratified by ¾ of statesHow many states are needed for an amendment to be ratified?

Why did the Founders make this so diffi cult?

MOST COMMON METHOD

-- proposed by Congress-- ratified by State conventions called for this purpose-- only 21st amendment (repeal of Prohibition)

OTHER METHOD

-- 3 years after ratification-- basic freedoms (expression, belief, protection under the law)

BILL OF RIGHTS

Guarantees the Five Freedoms:

Why is there a need to protect speech?

Are there limits?

FIRST AMENDMENT

Do you have Freedom of Speech at school?

FIRST AMENDMENT & YOU

-- 13, 14, 15: Slavery Amendments-- 17: Direct election of Senators-- 18 & 21: Prohibition & Lifting of Prohibition-- 19: Woman suff rage-- 22: Presidential term limits-- 26: 18 year olds can vote

LATER AMENDMENT HIGHLIGHTS

-- only 33 proposals have ever made it to the states-- 1861: prohibit any amendments on slavery-- 1924: Regulation of child labor-- 1972: ERA-- 1978: DC representatives in Congress

PROPOSED AMENDMENTS

Five WaysBasic LegislationExecutive ActionCourt DecisionsParty PracticesCustom

CHANGE BY OTHER MEANS

-- Const. vague; details to be worked out later-- Example: Constitution only calls for a Supreme Court, not lower courts-- Offi ce of the President & Executive offi ces

LEGISLATION

Case Study: War Powers-- Congress declares war-- President “Commander in Chief”-- Presidents deploy the military without a declarationAdvantages/Disadvantages:

EXECUTIVE ACTION

Franklin Roosevelt is the last US President to ask Congress for a formal declaration of war.

-- SC decisions have full force and eff ect of law-- Roe v. Wade (abortion rights); Brown v. Board of Ed. (segregation)

COURT DECISIONS

Woodrow Wilson called the SC “a constitutional convention in continuous session.”

-- Constitution makes no mention of political parties-- presidential nomination process is an invention of the parties-- Electoral College now a “rubber stamp”

PARTY PRACTICES

George Washington warned against the “baneful effects of the spirit of party.”

NOT IN THE CONSTITUTION-- the Cabinet (advisory body made of executive departments)-- VP assuming the offi ce of the Pres after a death (25 th amend.)-- President serving only two terms (22nd Amendment)http : / /www.youtube .com/watch?v=VF jH iNd jAz8 (West Wing 25)

CUSTOM