The Constitution

The Six Basic Principles

Introduction

The 26th Amendment allowed 18 year-olds to vote, but those who have not yet turned 18 can still participate in government.

Ratified in 1971, it created 11 million new voters from 18 to 20 years old.

The Six Basic Principles A living Document“Supreme Law of the Land” highest form of law in the U.S.

Outline of the Constitution

It is basic framework, procedures of our government, and sets the limits within the government must conduct itself

Brief document About 7,000 words Deals mainly with matters of basic principle

Not weighted down by detailed and cumbersome provisions

Simple and straightforward Preamble 7 Articles

The Basic Principles

Popular Sovereignty The right of the people to

govern themselves Government can govern

only with the consent of the governed

Proclaimed by the Declaration of Independence

Preamble Also in the State

Constitutions

The Basic Principles

Limited Government No government is all-powerful,

that a government may do only those things that the people have given it the power to do

Other side of popular sovereignty

Government must obey the law; CONSTITUTIONALISM: must follow Constitutional principles; “rule of law”: government and its officers are always subject to –never above—the law

A statement of limited government; Great protection of the people’s rights in 1st Amendment

The Basic Principles

Separation of Powers Presidential system; those

powers (legislative, executive, and judicial) are distributed

Part of every State constitution Three offices: Congress, the

Presidency, the courts Clearly set forth in the opening

words of the first three articles Founding Fathers intended to

create a strong, but limited government “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.” –Federalist No. 47

The Basic Principles

Checks and Balances Three branches of

government not entirely separated nor completely independent from one another

Complex system Power to block (check) the

power of other two branches

The Basic Principles

Judicial Review One aspect of checks and

balances Power of courts to determine

whether what government does is in accord with what the Constitution provides.

It is the power of the court to determine the constitutionality of a governmental action

Unconstitutional: to declare illegal, null and void, of no force or effect

Federal and State courts

Intent Federalist No 78; No 51 Marbury v. Madison 1803

The Basic Principles

Federalism The U.S. Constitution

establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments.

Our power-sharing form of government is the opposite of "centralized" governments

The Basic Principles

Federalism While each of

the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution.

U.S. Constitution

Acts of Congress

State Constitutions

State Statutes

City, County Charters

The Basic Principles

Federalism Under the U.S.

Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

FEDERAL--DELEGATED POWERSKIND OF POWER LOCATION EXAMPLES

Expressed Article I, Section 8 (18 Clauses)Article II, Section 2Article III, 16th Amendment

Implied Article I, Section 8, Clause 18: “necessary and proper”

Regulation of labor-management relations; building hydroelectric damsFederal crime of moving stolen good across state bordersGambling or kidnapping across State linesRacial discrimination

Inherent Powers granted because of position as sovereign state in world community

Immigration regulationAcquisition of territoryDiplomatic recognition

FEDERAL--DENIED POWERS

KIND OF POWER LOCATION EXAMPLES

Expressed Bill of Rights Levy duties on exportsDeny freedom of religion, speech, press, or assemblyConduct illegal search or seizureDeny speedy trial or trial by jury

Implied Create public school system for the nationCannot set up local governments

Inherent Article VI Cannot threaten the system

State Powers

Reserved Marriage age Drinking age Professional licensing Public schools Set up local government

units Set conditions for

divorce Permit or outlaw

gambling

Denied States cannot enter into

any treaty, alliance , or confederation

Print or coin money Deprive any person of

life, liberty or property without due process

Cannot tax national government

State constitutional limits

Amending the Constitution

Informal The process by which many changes have been

made to the Constitution without changing the written words

Five methods Custom Party Practices Basic Legislation Executive Action Court Decisions

Amending the Constitution

Formal Changes or additions that become part of the written language of

the Constitution itself Method 1: 26 Amendments

2/3 vote in each house of Congress ¾ vote in the state legislatures

Method 2: 21st Amendment (1933) Proposed by Congress and then ratified by conventions, called for

that purpose, in ¾ of States Method 3: never used

An amendment may be proposed by a national convention, called by Congress a the request of 2/3 of the State legislatures

Method 4: The Constitution An Amendment may be proposed by a national convention and

ratified by Conventions in ¾ of the States Emphasis on federal character of the government Proposal takes place at federal level and is approved State-by-

State

Amending the Constitution

Criticisms The practice of sending proposed amendments to the

State legislatures rather than to ratifying conventions, especially because it permits a constitutional change without a clear-cut expression by the people

The supreme court has held that a State cannot require an amendment proposed by Congress to be approved by a vote of the people of the State before it can be ratified by the State legislature

A state is not bound by a ad4ecision to not ratify, can change its mind and ratify later; the reverse is not true