Constitution

Importance to You U.S. gov’t is built on a document One of the best gov’t documents ever written It has lasted over 230 years Gives you your rights Focal point in society today Tea Party, Health Care Bill, Financial Markets

When adopted, US Constitution was only written constitution in existence Original Structure (nothing else like it when it was written) The main issue was National vs. State relations Who would hold the power Compromises brought about what was known as federal system

How is Constitution Broken up? Preamble (intro) 7 Articles Outlines the basic organization and powers of each branch 27 Amendments

Six Basic Principles Popular Sovereignty Power resides in the people Gov. can only govern with consent of people We give the government power through the Constitution Issue today

“When the people fear their gov’t, there is tyranny; when the gov’t fears the people, there is liberty.” – Thomas Jefferson

Limited Government No government is all powerful Government must obey the law Constitutionalism All government action must be according to the Constitution Rule of Law Government and officers are never above the law

Separation of Powers This principle provides for the three branches of the Government to serve different purposes and functions Separate but equal in power Legislative Makes and decides laws Executive Administers the laws, informs people and governments about them and makes sure they all comply

Judicial Judges decide whether the laws violate the constitution What the wording of the laws mean Whether the acts of individuals or the government violates the laws

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many… may justly be pronounced the very definition of tyranny.”- James Madison

Checks and Balances Constitution gave each branch of government powers to oppose the other two branches They also have to work together to get things done Checks and Balances Chart top of pg 68 textbook

Judicial Review The power to declare government action unconstitutional Null, void, illegal Held by all federal and state courts Established in Marbury v. Madison in 1803 Supreme Court has struck down many cases dealing with Congress, President, and the States

John Marshall Chief Justice Marbury v. Madison

Federalism Division of powers between different levels of government Each level governs in its own area of concern  Central Govt. in D.C.  Foreign policy  State Govt. in Topeka  Police and domestic decisions

Differs from a confederation in which central govt. depends on the local govt. to administer its programs A compromise between All powerful central govt. (unitary) All powerful local govt. (confederation) Constitution distributes governmental powers to the two levels of govt. National State

Constitution is clearly a written document, but its meaning ultimately depends on its interpreters. Parties formed Elastic Clause pg 765 Clause 18

Changing the Constitution Three basic ways to change the Constitution

Amendments Proposed Ratified 1 st Method Proposed by 2/3 vote in each house of Congress Ratified by 3/4 th ’s of State Legislatures 26 of 27 Amendments have been adopted this way

2 nd Method Proposed by Congress (2/3 vote) Ratified by conventions held in 3/4 th ’s States(38) 21 st Amendment passed this way 3 rd Method Proposed by National convention Ratified by 3/4 th ’s of State Legislatures(38)

4 th Method Proposed by National Convention Ratified by Conventions in 3/4ths of States(38)

Amendment Groupings 1-10 Bill of Rights (enumerate the given rights of man) 13,14,15,24 Prohibit inequality 19,23,26 Deal with voting rights

11,12,16,17,20,22,25 Deal with machinery of government 18,21 Deal with prohibition 12,16,26 Overturned Supreme Court decisions

How else can it be changed? Basic Legislation by congress Executive Action Executive agreements Treaties Supreme Court decisions Political parties Custom

Changes by Interpretation Most substantial area of change Case of Marbury v. Madison in 1803 formulated Judicial Review This strengthened the power of the National Government by giving the Supreme Court broad interpretation of several clauses in the Constitution

Interpretation Clauses: Necessary and Proper Clause (Elastic Clause) Interstate Commerce Clause Tax Clause

Changes by Custom Changes in custom are normally not controversial, unlike the dissension involved with amendments and interpretation. Changes in custom usually deal with Political Parties Congressional Committees President’s Cabinet