HIST 4020 Constitution

The ConstitutionThe Constitution

Section 1—The Six Basic Section 1—The Six Basic PrinciplesPrinciples

• ObjectivesObjectives– Outline the important elements of the Outline the important elements of the

Constitution.Constitution.– List the six basic principles of the List the six basic principles of the

Constitution.Constitution.


• Why It Matters:Why It Matters:– The Constitution is a brief, straightforward The Constitution is a brief, straightforward

document that has guided American document that has guided American government for over 200 years. Its government for over 200 years. Its authors wrote the Constitution based authors wrote the Constitution based upon the principles that political power upon the principles that political power resides with the people, and that National resides with the people, and that National Government should be limited and divided Government should be limited and divided into three branches to limit the power of into three branches to limit the power of any one of those three branches.any one of those three branches.


• Political Dictionary:Political Dictionary:– PreamblePreamble– ArticlesArticles– ConstitutionalismConstitutionalism– Rule of LawRule of Law– Separation of PowersSeparation of Powers– Checks and BalancesChecks and Balances– VetoVeto– Judicial ReviewJudicial Review– UnconstitutionalUnconstitutional– FederalismFederalism


• An Outline of the ConstitutionAn Outline of the Constitution– 7,000 words7,000 words– Few detailsFew details– Organized in a simple straightforward way.Organized in a simple straightforward way.– Eloquent PreambleEloquent Preamble– 7 Articles7 Articles

• #1-3 establish the 3 branches#1-3 establish the 3 branches

• #4 deals with the states#4 deals with the states

• #5 is about amendments#5 is about amendments

• #6 deals with It as Supreme Law#6 deals with It as Supreme Law

• #7 deals with ratification#7 deals with ratification


• The Basic PrinciplesThe Basic Principles– Popular SovereigntyPopular Sovereignty

•The people are sovereign—the only source The people are sovereign—the only source of power.of power.

•Government can ONLY govern with the Government can ONLY govern with the consent of the governed.consent of the governed.


• The Basic Principles (cont.)The Basic Principles (cont.)– Limited GovernmentLimited Government

•No government is all powerful.No government is all powerful.•Sometimes called “Constitutionalism”Sometimes called “Constitutionalism”•Sometimes called the “Rule of Law”Sometimes called the “Rule of Law”

– All are subject to but never above the Law.All are subject to but never above the Law.

•The Constitution clearly limits governmentThe Constitution clearly limits government• Includes the Great Guarantees:Includes the Great Guarantees:

– Freedom of religion, speech, press, assembly and Freedom of religion, speech, press, assembly and petition.petition.


• The Basic Principles (cont.)The Basic Principles (cont.)– Separation of PowersSeparation of Powers

• In contrast to the Parliamentary System In contrast to the Parliamentary System where all power resides in the Parliament.where all power resides in the Parliament.

•Article I—Legislative PowerArticle I—Legislative Power

•Article II—Executive PowerArticle II—Executive Power

•Article III—Judicial PowerArticle III—Judicial Power

•Separation of powers is intended to “limit Separation of powers is intended to “limit government”government”


• The Basic Principles (cont.)The Basic Principles (cont.)– Checks and BalancesChecks and Balances

•NumerousNumerous

•No branch operates independently.No branch operates independently.

•Veto is a good exampleVeto is a good example


• The Basic Principles (cont.)The Basic Principles (cont.)– Judicial ReviewJudicial Review

•Constitutional vs. “unconstitutional.”Constitutional vs. “unconstitutional.”

•The case of Marbury vs. Madison in 1803.The case of Marbury vs. Madison in 1803.– Landmark case to establish Judicial ReviewLandmark case to establish Judicial Review

– FederalismFederalism•Division of power between national and statesDivision of power between national and states

•Motivated by experience in Articles and Motivated by experience in Articles and colonial era.colonial era.

•A Great CompromiseA Great Compromise

Section 2—Formal Section 2—Formal AmendmentAmendment

• Objectives:Objectives:– Identify the four different ways by which Identify the four different ways by which

the Constitution may be formally the Constitution may be formally changed.changed.

– Explain how the formal amendment Explain how the formal amendment process illustrates the principles of process illustrates the principles of federalism and popular sovereignty.federalism and popular sovereignty.

– Outline the 27 amendments that have Outline the 27 amendments that have been added to the Constitution.been added to the Constitution.


• Why It Matters:Why It Matters:– The Framers of the Constitution realized The Framers of the Constitution realized

that, inevitably, changes would have to that, inevitably, changes would have to be made in the document they wrote. be made in the document they wrote. Article V provides for the process of Article V provides for the process of formal amendment. To this point, 27 formal amendment. To this point, 27 amendments have been added to the amendments have been added to the Constitution.Constitution.


• Political Dictionary:Political Dictionary:– AmendmentAmendment– Formal amendmentFormal amendment– Bill of RightsBill of Rights


• 4 million to 290 million4 million to 290 million

• 13 colonies to 50 states13 colonies to 50 states

• Constitution is NOT the same now as Constitution is NOT the same now as in 1787.in 1787.

Section 2—Formal Section 2—Formal AmendmentAmendment• Formal Amendment ProcessFormal Amendment Process

– Article VArticle V• Proposal by 2/3 of each house of Congress to be Proposal by 2/3 of each house of Congress to be

ratified by 3/4 of states (38).ratified by 3/4 of states (38).– This method has been used 26 out of 27 amendmentsThis method has been used 26 out of 27 amendments

• Proposal by 2/3 of each house and a call for Proposal by 2/3 of each house and a call for conventions in the states. Then approved by 3/4 of conventions in the states. Then approved by 3/4 of states (38).states (38).

– Only used once on the 21Only used once on the 21stst amendment in 1933. amendment in 1933.

• Call from 2/3 of state legislatures (34) for a national Call from 2/3 of state legislatures (34) for a national convention to consider amendment. It must then be convention to consider amendment. It must then be ratified by 3/4 of states (38). Never used.ratified by 3/4 of states (38). Never used.

• An amendment may be proposed by a national An amendment may be proposed by a national convention and then ratified in 3/4 of state convention and then ratified in 3/4 of state conventions (38). Never used.conventions (38). Never used.


• Formal Amendment Process (cont.)Formal Amendment Process (cont.)– Federalism and Popular SovereigntyFederalism and Popular Sovereignty

•Approval process reinforces federalism and Approval process reinforces federalism and indirectly sovereignty.indirectly sovereignty.

•Sometimes criticized as being Sometimes criticized as being representative and not direct.representative and not direct.

•The state legislature must act first.The state legislature must act first.

Section 2—Formal Section 2—Formal AmendmentAmendment• Formal Amendment Process (cont.)Formal Amendment Process (cont.)

– Proposed AmendmentsProposed Amendments•No state may be deprived of its representation No state may be deprived of its representation

in the Senate.in the Senate.

•The President is NOT involved—does not sign.The President is NOT involved—does not sign.

• If rejected by a state it may later be If rejected by a state it may later be reconsidered, once approved, however, it is reconsidered, once approved, however, it is final.final.

– 10,000 amendment proposals have been submitted.10,000 amendment proposals have been submitted. Only 33 have been sent to the states and only 27 Only 33 have been sent to the states and only 27

ratified.ratified.


• Formal Amendment Process (cont.)Formal Amendment Process (cont.)– Proposed Amendments (cont.)Proposed Amendments (cont.)

• 10,000 amendment proposals have been submitted.10,000 amendment proposals have been submitted.– Only 33 have been sent to the states and only 27 Only 33 have been sent to the states and only 27

ratified. Six failed:ratified. Six failed: One proposed in 1789 with the Bill of Rights died.One proposed in 1789 with the Bill of Rights died. One offered in 1789 became the 27One offered in 1789 became the 27thth

(Congressional Compensation). (Congressional Compensation). 1810-foreign titles void citizenship. 1810-foreign titles void citizenship. 1861-no slavery amendments. 1861-no slavery amendments. 1924 an act to regulate child labor. 1924 an act to regulate child labor. 1972 Equal Rights Amendment by 1984 fell short.1972 Equal Rights Amendment by 1984 fell short. 1978 representation for the District of Columbia1978 representation for the District of Columbia A 7 year time limit for enactment started in 1917 A 7 year time limit for enactment started in 1917

(ERA in 1979 was given a 3 year extension).(ERA in 1979 was given a 3 year extension).

Section 2—Formal Section 2—Formal AmendmentAmendment• The 27 AmendmentsThe 27 Amendments

– The Bill of RightsThe Bill of Rights•Proposed in 1789—ratified by 1791.Proposed in 1789—ratified by 1791.

– The Later AmendmentsThe Later Amendments•The 12The 12thth corrected a electoral college problem corrected a electoral college problem

after the election of 1800.after the election of 1800.

•The 13The 13thth abolished slavery in 1865, the 14 abolished slavery in 1865, the 14thth granted citizenship to blacks in 1868, and in granted citizenship to blacks in 1868, and in 1870 the 151870 the 15thth granted the right to vote to granted the right to vote to blacks.blacks.

Section 2—Formal Section 2—Formal AmendmentAmendment• The 27 Amendments (cont.)The 27 Amendments (cont.)

– The Later Amendments (cont.)The Later Amendments (cont.)• The 18The 18thth in 1919 prohibited alcohol and was repealed in 1919 prohibited alcohol and was repealed

by the 21by the 21stst in 1933.. in 1933..

• The 19The 19thth in 1920 granted women the vote. in 1920 granted women the vote.

• The 22The 22ndnd in 1951 limited the presidency to two terms. in 1951 limited the presidency to two terms.

• The 25The 25thth in 1967 deals with presidential succession. in 1967 deals with presidential succession.

• The 26The 26thth in 1971 granted the vote to all over 18. in 1971 granted the vote to all over 18.

• The 27The 27thth in 1992 prohibits congressional raises during in 1992 prohibits congressional raises during the “current” term.the “current” term.

Section 3—Constitutional Section 3—Constitutional Change by Other MeansChange by Other Means

• Objectives:Objectives:– Identify how basic legislation has Identify how basic legislation has

changed the Constitution over time.changed the Constitution over time.– Describe the ways in which the Describe the ways in which the

Constitution has been altered by Constitution has been altered by executive and judicial actions.executive and judicial actions.

– Analyze the role of party practices and Analyze the role of party practices and custom in shaping the Constitution.custom in shaping the Constitution.


• Why It Matters:Why It Matters:– The 27 formal amendments to the The 27 formal amendments to the

Constitution have not been a major part of Constitution have not been a major part of the process by which that document has the process by which that document has kept pace with more than 200 years of far-kept pace with more than 200 years of far-reaching change in this country. Rather, reaching change in this country. Rather, constitutional change has more often constitutional change has more often occurred as a result of the day-to-day, occurred as a result of the day-to-day, year-to-year workings of government.year-to-year workings of government.


• Political Dictionary:Political Dictionary:– Executive AgreementExecutive Agreement– TreatyTreaty– Electoral CollegeElectoral College– CabinetCabinet– Senatorial CourtesySenatorial Courtesy


• Basic LegislationBasic Legislation– Expanded into the detailExpanded into the detail– Tens of thousands of “laws”Tens of thousands of “laws”

• Executive ActionExecutive Action– Commander in ChiefCommander in Chief– Executive Agreement—used frequently Executive Agreement—used frequently

nownow– Treaty—cumbersome processTreaty—cumbersome process


• Court DecisionsCourt Decisions– Marbury v. Madison in 1803Marbury v. Madison in 1803– A “constitutional convention in A “constitutional convention in

continuous session”continuous session”

• Party PracticesParty Practices– Not in the beginning—Washington Not in the beginning—Washington

warned against.warned against.– Party ConventionsParty Conventions– Electoral CollegeElectoral College


• CustomCustom– UnwrittenUnwritten– CabinetCabinet– Vice President role developedVice President role developed– Senatorial courtesy—a nominee must be Senatorial courtesy—a nominee must be

acceptable in home state.acceptable in home state.– No third-term for 150 yearsNo third-term for 150 years

Education

HIST 4020 Constitution