Development of the Constitution Practicum in Local, State, and Federal Government

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Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Declaration of Independence The decision to declare a complete break in the political connection between the 13 United Colonies and Great Britain Written and agreed to in 1776 after a spirited debate Before this time, no political system had ever been founded on the belief that – The people should rule instead of being ruled – Each person is important as an individual, created equal, and endowed with certain unalienable rights – Government should be by the consent of the governed 3

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. The Constitution of the United States The nation’s fundamental law, the “supreme law of the land” Sets the framework for the government Written in 1787, took effect in 1789; has guided the nation through more than two centuries of tremendous growth and change 4

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. The Constitution of the United States (continued) Based on six main principles that explain how the Federal Government is organized, how the leaders are selected, and procedures those leaders must follow: – Federalism – Popular sovereignty – Limited government – Separation of powers – power is distributed between legislative (Congress), executive (President), and judicial (court) branches – Checks and balances – Judicial review 5

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. The Constitution of the United States (continued) Covers all this information in only 7,000 words Organization – Preamble – a short introduction stating the purpose of the Constitution – Seven sections called articles – Amendments – 27, printed in order of their adoption 6

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. The Constitution of the United States (continued) The framers of the Constitution firmly believed that – Governmental power poses a threat to individual liberty – The exercise of governmental power must be restrained – To divide governmental powers (as Federalism does) is to curb that power and prevent its abuse 7

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Amending the Constitution: Formal Amendment Proposed by 2/3 vote in each house of Congress and ratified by 3/4 of the state legislatures (26 of the 27 amendments were adopted by this method) Proposed by 2/3 vote in each house of Congress and ratified by conventions in 3/4 of the states (the 21st amendment was adopted by this method) 8

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Amending the Constitution: Formal Amendment (continued) Proposed by a national convention called by Congress at the request of 2/3 of the state legislatures and ratified by 3/4 of them (Congress has never called such a convention) Proposed by a national convention and ratified by conventions in 3/4 of the states (the Constitution itself was adopted by a similar method) 9

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Amending the Constitution: Other, Informal Means Passage of basic legislation by Congress – Provisions in the Constitution are not detailed or specific, necessitating interpretation – Congress, by exercising interpretive power, has expanded the Constitution, for example Establishing federal courts other than the Supreme Court Writing laws based on its power to regulate foreign and interstate commerce 10

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Amending the Constitution: Other, Informal Means (continued) Actions taken by the President – Declaring war without a declaration from Congress – Using executive agreements instead of a treaty, which must be approved by the Senate Key decisions of the Supreme Court – Interpreting and applying the Constitution in cases it hears – Established judicial review, which is not spelled out in the Constitution 11

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Amending the Constitution: Other, Informal Means (continued) Activities of the political parties – The Constitution makes no mention of political parties; many of the framers of the Constitution were opposed to them because of their divisive effect – The major parties from the 1830s have held national conventions to nominate presidential candidates – this process was not spelled out in the Constitution Custom and usage – Formation of the Cabinet – the heads of the 15 executive departments who advise the President – Succession of the Vice President to the office (not just the duties) of President when the President dies in office 12

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Resources , Macgruder’s American Government, McClenaghan, W., Pearson, Prentice Hall,