Copyright 2009 Pearson Education, Inc., Publishing as Longman Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 2 The Living Constitution

Copyright 2009 Pearson Education, Inc., Publishing as Longman Read Aloud “The Living Constitution”

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Living Constitution The U.S. Constitution is the oldest in the world The shortest in the world with only 4,500 words Still, the brevity and ambiguity of many constitutional provisions have spurred a great deal of additional debate High school students pray outside their school before classes begin for the day. Although this type of prayer has been upheld by the courts, the Supreme Court struck down student-led prayer broadcasted over a stadium loudspeaker before a high school football game.

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Structure of the Constitution Preamble 7 Articles 27 Amendments Sections Clauses (Amendments 1 thru 10 = Bill of Rights)

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Articles Article I Article II Article III Article IV Article V Article VI Article VII

Copyright 2009 Pearson Education, Inc., Publishing as Longman Articles Article I – Powers granted to the Legislative Branch Article II – Powers granted to the Presidency (Executive Branch) Article III – Powers granted to the Judiciary Branch (Supreme Court) Article IV – Relations to States to Each Other Article V – Amending the Constitution Article VI – Supremacy of the National Government Article VII – Ratifying the Constitution

Statistics How well do we know the Constitution? Copyright 2009 Pearson Education, Inc., Publishing as Longman

Characteristics of the Constitution Limited government Adaptable Flexible Written to extend into the future Widely Accepted Natural Law Vs. Human Law Copyright 2009 Pearson Education, Inc., Publishing as Longman

Natural Law Law that defines right from wrong, which is higher than human law. “If men were angels, no government would be necessary; if angels governed men, neither external nor internal controls on government would be necessary.” – James Madison (Federalist #51) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Checking Power with Power Limitation on government Free and fair elections (rid of those that abuse power) Petitions Protests Amendments Copyright 2009 Pearson Education, Inc., Publishing as Longman

Shared Reading “Federalist #47” -James Madison

Checks on Power Enacts Laws Provides money to run government Appoints Supreme Court Justices Signs or vetoes laws Approves Supreme Court Justices Enforces Laws Decides constitutionality of laws Copyright 2009 Pearson Education, Inc., Publishing as Longman

Checks on Power Enacts Laws - Congress Provides money to run government - Congress Appoints Supreme Court Justices - President Signs or vetoes laws - President Approves Supreme Court Justices - Senate Enforces Laws - President Decides constitutionality of laws – Supreme Court Copyright 2009 Pearson Education, Inc., Publishing as Longman

Separation of Powers and Checks and Balances

Senate and House of Representatives Absolute Power? Copyright 2009 Pearson Education, Inc., Publishing as Longman

Exercise of Checks and Balances Vetoes Presidents have vetoed more than 2,500 acts of Congress. Congress has overridden presidential vetoes more than 100 times. Judicial review The Supreme Court has ruled some 176 congressional acts or parts thereof unconstitutional. Impeachment The House of Representatives has impeached two presidents, one senator, one secretary of war, and 13 federal judges; the Senate has convicted seven of the judges but neither president. Confirmation The Senate has refused to confirm nine cabinet nominations. Many other cabinet and subcabinet appointments were withdrawn because the Senate seemed likely to reject them. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Divided Government A Check on Political Parties Copyright 2009 Pearson Education, Inc., Publishing as Longman

Modifications of Checks and Balances Direct Democracy? Direct PrimaryInitiative Referendum Recall

Copyright 2009 Pearson Education, Inc., Publishing as Longman Modifications of Checks and Balances Direct Democracy? Direct Primary Election in which voters choose party nominees Initiative Procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters Referendum Procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution Recall Procedure for submitting to popular vote the removal of officers from office before the end of their term

Technology and Power How has technology increased the powers of the three branches? Copyright 2009 Pearson Education, Inc., Publishing as Longman

Shared Reading “Federalist #78” -James Madison Intent of the Framers

Copyright 2009 Pearson Education, Inc., Publishing as Longman Shared Reading Article III Judicial Review Original Jurisdiction

Copyright 2009 Pearson Education, Inc., Publishing as Longman Origins of Judicial Review Whether the delegates to the Constitutional Convention of 1787 intended to give the courts the power of judicial review is a long debated question

Copyright 2009 Pearson Education, Inc., Publishing as Longman Marbury versus Madison John Marshall sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801 Jefferson refuses to deliver other commissions Marbury v. Madison – Constitution is the supreme and binding law

Copyright 2009 Pearson Education, Inc., Publishing as Longman Reading “Is Judicial Review Obsolete?”

Copyright 2009 Pearson Education, Inc., Publishing as Longman Vocab Gallery Walk Congressional Elaboration Impeachment Executive Order Executive Privilege Impoundment

Copyright 2009 Pearson Education, Inc., Publishing as Longman Changing Times… “a federal system with enough authority to meet the needs of all time” - James Madison

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Unwritten Constitution Constitutional elaboration: - Congressional action to provide the details not laid out in the Constitution - e.g.: Impeachment – formal accusation against a public official Two U.S. Presidents, Andrew Johnson and Bill Clinton, have been impeached by the U.S. House of Representatives. Nixon resigned before impeachment.

Copyright 2009 Pearson Education, Inc., Publishing as Longman Impeachment Article II, Section #4 House of Representatives: Initiates Impeachment Senate: Tries the case. Must have 2/3 vote to remove from office.

Copyright 2009 Pearson Education, Inc., Publishing as Longman Presidential Practices Executive Order Executive Privilege Impoundment

Copyright 2009 Pearson Education, Inc., Publishing as Longman Executive Orders – 13, 623 Issue of a direct law by the President. Executive Orders | The White House

Copyright 2009 Pearson Education, Inc., Publishing as Longman Impoundment Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.

Copyright 2009 Pearson Education, Inc., Publishing as Longman Executive Privilege The power to keep executive communications confidential. U.S. v. Nixon

Copyright 2009 Pearson Education, Inc., Publishing as Longman Veto This! Does the veto power affect the public approval of a President?

Copyright 2009 Pearson Education, Inc., Publishing as Longman Read Aloud “On Changing the Constitution”

Copyright 2009 Pearson Education, Inc., Publishing as Longman Turn and Talk Should we allow the Constitution to be changed? If so, how do we limit changes?

Copyright 2009 Pearson Education, Inc., Publishing as Longman Amending the Constitution Article V Proposed by 2/3 vote of Congress (both houses) or National Convention requested by 2/3 of states (34) Ratified by ¾ of State Legislature (38) or Conventions in ¾ of States Over 8,000 considered, 33 submitted to states

Copyright 2009 Pearson Education, Inc., Publishing as Longman Amending the Constitution 26 Amendments passed by state legislature 1 – 21 st Amendment (Repeal of 18 th ) ratified by state conventions. Ratified within 7 Years

Copyright 2009 Pearson Education, Inc., Publishing as Longman Proposing Amendments

Copyright 2009 Pearson Education, Inc., Publishing as Longman Ratifying Amendments The Time for Ratification of the 27 Amendments to the Constitution

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Amending Power and How it Has Been Used

Copyright 2009 Pearson Education, Inc., Publishing as Longman Ratification Politics: The ERA “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” First introduced in 1923 Passed by Congress in 1972, and referred to the states for ratification Fell three states short of the 38 needed for ratification Demonstrates the difficulty of amending the Constitution