Constitutional Framework

The United States Constitution Highest law of the land Ratified in 1789 Lists gov’t powers, limits on those power, freedoms that cannot be taken away by gov’t

Limited Government Individual states reluctant to give up power to a national gov’t Remember, they had just fought against the gov’t of a king As a result, the Constitution created a national gov’t of limited powers Can only pass laws in areas listed in Article I

Separation of Powers Division of power among the… Legislative Branch Executive Branch Judicial Branch

Checks and Balances Each branch of government is independent but each has the power to “check” or restrain the other branches as not to allow abuse of power Congress investigating actions by the president or other government officials Presidential veto of a congressional bill

Executive Branch President and Federal Agencies Environmental Protection Agency Dept. of Education Dept. of Defense Central Intelligence Agency Etc. Primarily responsible for enforcing laws Can also issue rules and executive orders that have the force of law

Legislative Branch Congress Creates laws House of Representatives Senate Creates laws http://www.youtube.com/watch?v=tyeJ55o3El0

Judicial Branch The Courts U.S. Supreme Court State Supreme Courts Appellate Courts Trial Courts Interprets, and sometimes establishes, laws through its rulings

Judicial Review Enables court to strike down laws pass by Congress and state legislatures if it conflicts with the U.S. Constitution Ex: Congress passes a law prohibiting media criticism of the president. If challenged in court, law would be declared invalid and unconstitutional Violates Freedom of Press (First Amendment)

Judicial Review Courts declare laws unconstitutional either because… The gov’t passed a law that the Constitution does not give it the power to pass The government passed a law that violates someone’s rights Court overturning “separate but equal” segregation in Brown vs. Board of Education (1954)

Federalism Division of power between state and the federal gov’t Federal gov’t only has power to make laws as listed under the Constitution Everything else reserved for the states Legal differences between states Must be 16 years old to obtain driver’s license in IL Must be 14.5 in ND Must be 17 in NJ

Bill of Rights First 10 amendments (or changes) to the Constitution Defines and guarantees fundamental rights and liberties of all Americans Freedom of speech Freedom of religion Freedom of press Etc.

State Constitutions Every state also has their own constitution Reflect major principles of U.S. Constitution Some provide GREATER protection of rights than the U.S. Constitution Some constitutions grant women greater rights than they have under the U.S. Constitution

Amendments VERY, VERY difficult to pass. Only 27 amendments since 1791 Only 1 amendment since 1972 Bans midterm congressional pay raises Amendments can only be passed… By a 2/3 vote of each house of Congress At a constitutional convention called by 2/3 of the states

Proposed Amendment Extend statehood to the District of Columbia Require the government to adopt a balanced budget Punish flag burning Ban abortions Etc

Why amend the Constitution? To extend rights that were not originally written into the Constitution Viewpoints of citizens change over time In 1789, only white male property owners could vote. Since then, voting rights have been extended to minorities, women, persons w/o property, 18-year-olds.