The Living Constitution

Framework of Government Skeletal framework Constitution has Three Major Parts I. Preamble- introductory statement of the document’s goals of government Emphasizes popular sovereignty 2. 7 Articles I, II, III Three branches of government I: Legislative: How laws are made; Congress II: Executive: enforce or carry out the laws; President III: Judicial: interprets the law; Supreme Court

Framework of the Constitution Article IV: Relations among States full faith and credit, privileges and immunities Article V: Formal Amendment process Article VI: Supremacy Clause Article VII: Ratification of the Constitution Formal Amendments 27 Formal changes to the Constitution called amendments

Six Major Principles of Government 1. Limited Government Government can only do what the people allow it to do- Example: Article I, II, III describe power of gov’t Amendments 1-9 describe limits on gov’t “rule of law” 2. Popular Sovereignty People are the ultimate source of government authority Constitution is the legitimate source of governing authority

Principles of Govenment 3. Separation of Powers To prevent tyranny, power was divided among three branches: legislative, executive and judicial The idea was taken from a French political philosopher, the Baron de Montesquieu, (Charles de Secondat) who wrote The Spirit of the Laws, 1748 No one branch would have enough power to dominate the other Ex: Article I, II, III

Principles of Government 4. Checks and Balances Each branch is independent yet exercises power over the other System fosters independence, yet dependence Chief Justice John Roberts And Justice Samuel Alito

Principles of Government 5. Judicial Review The judicial branch possesses the power to determine the constitutionality of an action of the government Marbury v. Madison was the first case to establish the courts authority of judicial review Federalism The division of power between a central government and state governments It is a compromise between a strict national government and a loose confederation. Ex: Tenth Amendment: Any power not delegated to the federal government is reserved to the States (reserved powers)

Marbury v. Madison Judicial Review Election of 1800: Adams (Federalist) v. Jefferson (Anti-Federalist) Judiciary Act of 1801 created new judicial posts to be filled with “good loyal Federalists” according to Adams “Midnight Justices” resulted in Adams filling posts Adam’s Sec. of State: John Marshall Jefferson’s Sec. of State: James Madison William Marbury: Justice of the Peace in D.C. Marbury sued Madison on the basis of a writ of mandamus It granted in Section XIII of the Judiciary Act of 1789 granting the SC original jurisdiction to issue such writs The Constitution only grants original jurisdiction in two cases Public consuls, ambassadors OR State conflict

Marbury loses to Madison The SC ruled that the law he based his case upon was unconstitutional, thus striking Section XIII From the Judiciary Act Judicial Review was exercised for the first time SC declared an act of Congress unconstitutional William Marbury

Bill of Rights James Madison principle author 200 amendments proposed- chose 16 Congress eliminated 4 more 2 more rejected by state legislatures (congressional reapportionment and congressional salaries) The remaining 10 amendments became the first formal amendments known as the Bill of Rights December 15, 1791 the Bill of Rights were adopted Protection of rights of the individual against the National Government