CHAPTER 3 U.S. Constitution

CONSTITUTION It sets out the basic principles on which the government of the United States was built. It is the nation’s fundamental law. It is the highest form of law in the U.S. It is the “supreme law of the land.” It lays out the basic framework of how the government must operate.

U.S. CONSTITUTION It is on display in the National Archives Building in Washington, D.C.

6 FOUNDATIONS OF THE U.S. CONSTITUTION Popular Sovereignty—the people are the only source of any and all government power. Government can only govern with the consent of the governed. In other words, the fundamental principle that the power to govern belongs to the people and that government must be based on the consent of the governed. Limited Government—the government is not all powerful and is limited by the people in what it can and cannot do. It is limited to do only what the people give it. Government must obey the law.

6 FOUNDATIONS OF THE U.S. CONSTITUTION Separation of Powers—the executive, legislative, and judicial powers are and must be divided among three independent and co-equal branches of government.

Legislative Branch Article I, Section 1 of the U.S. Constitution states that Congress shall make laws.

Executive Branch Article II, Section 1 of the U.S. Constitution states the President shall enforce laws.

Judicial Branch Article III, Section 1 of the U.S. Constitution states that the U.S. Supreme Court (and others deemed necessary by Congress) shall interpret laws.

6 FOUNDATIONS OF THE U.S. CONSTITUTION Checks and Balances—system of overlapping the powers of the separate legislative, executive, and judicial branches of government, to permit each branch to check (balance) the actions of the others.

Checks and Balances Executive Checks Legislative Veto Legislation Call Special Sessions Recommend Legislation Appeal to the People

Checks and Balances Executive Checks Judicial President Appoints Federal Judges

Checks and Balances Legislative Checks Executive Creates Agencies an Programs Appropriates Funds May Override Veto (2/3 vote in House & Senate) May Impeach President Senate Approves Treaties and Presidential Appointments

Checks and Balances Legislative Checks Judicial Creates Lower Courts, and May Remove Judges Through Impeachment Senate Approves Appointment of Federal Judges

Checks and Balances Judicial Checks Executive Judges Are Free From Executive Control (Term Is For Life) May Declare Executive Actions Unconstitutional

Checks and Balances Judicial Checks Legislative May Declare Acts of Congress To Be Unconstitutional

6 FOUNDATIONS OF THE U.S. CONSTITUTION Judicial Review–power of the courts to decide the validity of acts of the legislative and executive branches of government. If the courts decide that a legislative act is unconstitutional, it is nullified. The decisions of the executive and administrative agencies can also be overruled by the courts as not conforming to the U.S. Constitution.

Marbury v. Madison (1803) Generally regarded as the single most important opinion in the history of the U.S. Supreme Court. The decision set out the arguments on the basis of which the Court exercises its power of judicial review, which means the Court can judge whether or not statutes passed by Congress or state legislatures meet the requirements set out by the U.S. Constitution.

6 FOUNDATIONS OF THE U.S. CONSTITUTION Federalism—division of power on a geographic basis, in the United States between the National Government and the States.

FORMAL AMENDMENT According to Article V of the U.S. Constitution amendments may be proposed in two ways, and they may be approved by the states in two ways, creating four possible paths that a proposed amendment may take.

4 WAYS TO FORMALLY AMEND THE U.S. CONSTITUTION Proposed 2/3 vote in House and Senate & ratified by 3/4 state legislatures. Proposed 2/3 vote in House and Senate & ratified by 3/4 state conventions.

4 WAYS TO FORMALLY AMEND THE U.S. CONSTITUTION 2/3 state legislatures can request Congress to call a national convention & ratified by 3/4 state legislatures. Proposed by a national convention & ratified by 3/4 state conventions.

Freedom of religion, speech, press, assembly, and petition 1st Amendment Freedom of religion, speech, press, assembly, and petition

2nd Amendment Right to bear arms

3rd Amendment Quartering of troops

4th Amendment Search and Seizure

Criminal proceedings, due process, and eminent domain 5th Amendment Criminal proceedings, due process, and eminent domain Rights of accused persons

Right to speedy and fair trial 6th Amendment Criminal proceedings Right to speedy and fair trial

7th Amendment Civil trials

8th Amendment Punishment for crimes Bail and punishment

Powers reserved to the people 9th Amendment Unenumerated rights Powers reserved to the people

Reserved powers to the States 10th Amendment Reserved powers to the States

States can’t be sued in federal court by a citizen of another state 11th Amendment (1795) States can’t be sued in federal court by a citizen of another state

Changes in electoral process of President and Vice President 12th Amendment (1804) Changes in electoral process of President and Vice President

13th Amendment (1865) Abolition of Slavery

Citizenship, due process, and equal protection 14th Amendment (1868) Citizenship, due process, and equal protection

Right to vote (race, color, servitude) 15th Amendment (1870) Right to vote (race, color, servitude)

16th Amendment (1913) Income tax

Direct election of U.S. Senators 17th Amendment (1913) Direct election of U.S. Senators

Prohibition of alcohol 18th Amendment (1919) Prohibition of alcohol

19th Amendment (1920) Woman Suffrage

Changed date for Presidential inauguration and sessions of Congress 20th Amendment (1933) Changed date for Presidential inauguration and sessions of Congress “Lame Duck”

Repealed 18th Amendment, which was prohibition of alcohol 21st Amendment (1933) Repealed 18th Amendment, which was prohibition of alcohol

Limits Presidential term 22nd Amendment (1951) Limits Presidential term 2 terms for maximum of 10 years

Established 3 electors from Washington, D.C. 23rd Amendment (1961) Established 3 electors from Washington, D.C.

24th Amendment (1964) Abolition of poll tax

Presidential Disability and Succession 25th Amendment (1967) Presidential Disability and Succession

26th Amendment (1971) Age 18 right to vote

No varying compensation for U.S. Senators and Representatives 27th Amendment (1992) No varying compensation for U.S. Senators and Representatives

Bill of Rights (1791) First ten amendments to the U.S. Constitution. Provide basic legal protection for individual rights. Amendments 1-9 deal with civil rights. Amendment 10 deals with reserved powers.

INFORMAL AMENDMENT A change made in the U.S. Constitution by the day-to-day, week-to-week, and year-to-year experiences of the American government under the U.S. Constitution.

5 MEANS OF INFORMAL AMENDMENT U.S. Congress Through the laws it passes H.R. 1025 (Brady Handgun Violence Prevention Act Federal Firearms License Reform Act of 1993) A bill to provide for a waiting period before the purchase of a handgun, and for the establishment of a national instant criminal background check system to be contacted by firearms dealers before the transfer of any firearm.

5 MEANS OF INFORMAL AMENDMENT Executive Actions Through actions of the President and the Cabinet. Through foreign conflicts Korea, Vietnam, Grenada, Panama, Kuwait, Bosnia, Somalia, Iraq, Afghanistan

5 MEANS OF INFORMAL AMENDMENT Judicial Decisions How the U.S. Supreme Court interpret and apply the U.S. Constitution to the cases they hear. Judicial Review, Segregation, Abortion

5 MEANS OF INFORMAL AMENDMENT Political Parties Have changed the way in which Presidents are elected. 1832 Nominating Conventions began.

5 MEANS OF INFORMAL AMENDMENT Customs Doing things out of ceremony, habit, and ritual. “Kitchen Cabinet,” no 3rd term until FDR, Executive orders, Internet/Media

Citations "U.S. Senate Roll Call Votes 103rd Congress - 1st Session". U.S. Senate. May 27, 2010 <http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=103&session=1&vote=00394>.