The Constitution Supreme Law of the Land Fairly brief document-about 7000 words 3 basic parts Introduction-Preamble-last part written 7 numbered articles 27 amendments survives because of built in provisions for accommodating change

Preamble Sets forth 4 elements that form the foundation of the American political tradition it creates a people (We, the people) it explains the reason for the Constitution (in order to form a more perfect union) it articulates goals (establish justice, insure domestic tranquility, etc) it fashions a government (do ordain & establish this Constitution)

Articles I-III 3 different branches Article I-Legislative Branch (Congress) Article II-Executive Branch (President) Article III-Judicial Branch (Courts)

Article IV the States & their relationship to the National government

Article V how to amend but no amendment may deprive a state of equal representation in the Senate

Article VI supreme law of the land

Article VII requirements for ratification

6 basic principles popular sovereignty rule by the people limited government only power given by the people separation of powers among the 3 branches checks & balances of each other judicial review by the courts federalism division of power between national & state governments

Formal Amendments Proposal amendment may be proposed by a 2/3 vote in both the House & the Senate or by a national convention summoned by Congress at the request of 2/3 (34) of the state legislatures All amendments have been proposed by the 1st method.

Formal Amendments Ratification can be ratified by the legislatures of ¾ (38) of the states or by a vote of constitutional conventions held in ¾ of the states Congress chooses the method of ratification; has used the convention method only once (21st amendment to repeal the 18th amendment)

Amendments Amendments are not sent to the president. Example of the principle of federalism-proposal by the national government and ratification by the states The Framers purposely made it difficult to propose & ratify amendments-they wanted only the most significant issues to lead to constitutional change-requires extraordinary majorities.

Informal Amendment Informal amendments are changes in the Constitution that are made without any change in its written words-this is the most common way to change the Constitution

Basic legislation by Congress -departments & offices of the Executive branch -regulation of foreign & interstate commerce -Judicial Act of 1789-set up the lower courts

Actions of the president -War by president without declaration by Congress -Executive agreements with heads of foreign states-this is not expressly stated in the Constitution

Key decisions of the Supreme Court

activities of political parties -never mentioned in the Constitution -electoral college acting as a “rubber stamp” for the popular vote

Custom -the 15 executive departments of the Cabinet; informal process of the President -Senatorial courtesy-Senate will only approve appointees that are acceptable to the Senator(s) of the state involved (i.e. federal judges, US marshal)