Magleby chapter2 ppt

Copyright © 2015 by Pearson Education, Inc. All rights reserved.

2Constitutional Foundations


Learning Objectives

2.1

2.2

2

Describe the basic structure of the Constitution and its Bill of Rights

Analyze how the Constitution grants, limits, separates, and balances governmental power


Explain how the use of judicial review strengthens the courts in a separation of powers system

Assess how the Constitution has evolved through changes in the informal, unwritten Constitution

2Learning Objectives

2.3

2.4


8.2

Describe the processes by which formal changes to the Constitution can be made

2Learning Objectives

2.5


Views of the Constitution

Constitution has lasted Flexible, adaptable

Natural law Symbolic value, revered Most Americans ignorant of what is

actually inside

2.1


National Archives 2.1


James Madison 2.1

The fourth president of the United States (1809–1817) and an author of The Federalist Papers.

Madison’s view on a separated system of government, in which each branch checks and balances the power of the other branches, shaped our governmental structure.


2.1 Why has the Constitution endured?

2.1

a. It is flexible and adaptable.b. It gives the government so much power, the

people can’t change it.c. It is against the law to change it.d. It is too difficult to write a new one.


a. It is flexible and adaptable.b. It gives the government so much power, the

people can’t change it.c. It is against the law to change it.d. It is too difficult to write a new one.

2.12.1 Why has the Constitution endured?


Checking Power with Power Separation of Powers Checks and Balances: Ambition to

Counteract Ambition National Political Parties and Interest

Groups Expansion of the Electorate and the Move

Toward More Direct Democracy Changes in Technology Growth of Presidential Power

2.2


Separation of Powers - the distribution of constitutional authority among the three branches of government.

Tyranny of the majority Prevention was Framers’ goal

Intrinsic value of dispersion of power John Locke and Baron Montesquieu wrote about this

Colonial government Trial and error with concentration of power

2.2


Checks and Balances: Ambition to Counteract Ambition Prevent separated powers from pooling

authority Avoid autocracy

Each branch politically independent Elected separately

2.2


TABLE 2.1: Exercise of checks and balances, 1789-2012

2.2


FIGURE 2.1: Separation of powers and checks and balances

2.2


National Political Parties and Interest Groups Partisanship - strong allegiance to one’s own

political party, leads to unwillingness to compromise with opposing party

Divided government One party controls Congress Other party controls presidency

Unified government One party controls legislature and presidency

2.2


Expansion of the Electorate and the Move Toward More Direct Democracy Electoral College - system in which electors chosen by

state legislatures choose the president

Franchise expanded – now all citizens over 18

Seventeenth Amendment Senators popularly elected

2.2


Changes in Technology

Televised government 24-hour news

Public opinion polls Popular appeals from president Increased power of interest groups

2.2


Changing Demographics 2.2


2.2Money in Elections


Growth of Presidential Power Global problems create crises for U.S. Sources of presidential power

Constitutional Political Emergency

2.2


2.2 Which of these was separation of powers instituted to prevent?

a. Oligarchyb. Tyrannyc. Monarchyd. Federalism

2.2


2.2

a. Oligarchyb. Tyrannyc. Monarchyd. Federalism

2.2 Which of these was separation of powers instituted to prevent?


Judicial Review and the “Guardians of the Constitution” Judicial Review – the power of the courts to strike

down acts of Congress, the executive branch, and the states as unconstitutional

Origins of Judicial Review Marbury v. Madison

2.3


Origins of Judicial Review

Who decides disputes over the meaning of the Constitution? Federalists thought the Supreme Court should Anti-Federalists thought state legislatures should

Jeffersonian Republicans - descendants of the Anti-Federalists, though state legislatures should have this power

2.3


Marbury v. Madison

Justices of the peace appointed Commissions undelivered

Writ of mandamus – a court order directing an official to perform an official duty

Dilemma for the Court Marshall gives Court power of judicial

review – (The Supreme Court now has the authority to interpret the Constitution and declare laws to be unconstitutional)

2.3


Chief Justice John Marshall

2.3

Our most influential Supreme Court justice


2.3Handgun Restrictions


2.3 What power was granted to the Court by the decision in the case Marbury v. Madison?

2.3

a. Issuance of writs of mandamusb. Judicial reviewc. Issuance of ex post facto lawsd. Madisonian oversight


a. Issuance of writs of mandamusb. Judicial reviewc. Issuance of ex post facto lawsd. Madisonian oversight

2.32.3 What power was granted to the Court by the decision in the case Marbury v. Madison?


Informal Change: The Unwritten Constitution Congressional Elaboration – legislation that

gives further meaning to the Constitution based on sometimes vague constitutional authority

Presidential Practices Judicial Interpretation

2.4


Congressional Elaboration

Legislation using “necessary and proper” clause Judiciary Act of 1789

Impeachment – the first step in removal from office after a formal accusation Used twice

Commerce clause

2.4


Presidential Practices

Power and authority have increased Executive orders – a president’s or governor’s formal order to an agency Executive privilege – the power to keep executive communications

confidential, especially if related to national security Impoundment – a decision by the president not to spend money

appropriated by Congree – now prohibited under federal law

2.4


Judicial Interpretation

Marbury v. Madison (1803) Establishes judicial review So important it’s worth mentioning again

Originalist approach – the Constitution has a fixed meaning

Adaptive approach – the Constitution should be flexible and responsive to the changing needs of the times

2.4


2.4

a. Executive privilege b. Impoundment c. Legislative interpretationd. Executive orders

2.4 Directives issued by the presidentthat carry the force of law are called…


2.4 Directives issued by the presidentthat carry the force of law are called…

a. Executive privilegeb. Impoundmentc. Legislative interpretationd. Executive orders

2.4


Changing the Letter of the Constitution Proposing Amendments - proposed by either a two-

thirds vote in the House and Senate, or by a national convention of the legislatures in two-thirds of the states

Ratifying Amendments - ratified either by the legislatures in three-fourths of the states or by special ratifying conventions in three-fourths of the states.

Ratification Politics

2.5


Proposing Amendments

Two methods but only one used: Two-thirds vote of both houses 27 out of 31 ratified

2.5


FIGURE 2.2: Four methods of amending the Constitution

2.5


Proposing Amendments

Why amend the Constitution? Flag burning example

2.5


Flag burning 2.5

The Court has ruled that flag burning is protected as form of expression under the First Amendment.

But a Constitutional amendment to ban it has wide support in some areas of the country.


TABLE 2.2: Amending power and how it has been used

2.5


Ratifying Amendments

Two methods of ratification: Approval by the legislatures in three-fourths of the

states Used for all but 21st Amendment Approval by special ratifying conventions in three-

fourths of the states 7-year time limit

2.5


FIGURE 2.3: The time for ratification of the 27 amendments to the Constitution

2.5


Ratifying Politics

Constitution difficult to amendment Fierce political battles ERA (Equal Rights Amendment) provides

example

2.5


ERA 2.5


2.5 How many times has the Constitution been amended?

a. 10b. 27c. 26d. 31

2.5


2.5

a. 10b. 27c. 26d. 31

2.5 How many times has the Constitution been amended?


What are some of the informal ways that the Constitution can be effectively amended by changes in interpretation? How has each branch of government used new interpretations of the Constitution to its advantage?

Discussion Question 2