The Constitution The Six Basic Principles

Introduction  The 26 th Amendment allowed 18 year-olds to vote, but those who have not yet turned 18 can still participate in government.  Ratified in 1971, it created 11 million new voters from 18 to 20 years old.

The Six Basic Principles A living Document “Supreme Law of the Land” highest form of law in the U.S.

Outline of the Constitution  It is basic framework, procedures of our government, and sets the limits within the government must conduct itself  Brief document  About 7,000 words  Deals mainly with matters of basic principle  Not weighted down by detailed and cumbersome provisions  Simple and straightforward  Preamble  7 Articles

The Basic Principles  Popular Sovereignty  The right of the people to govern themselves  Government can govern only with the consent of the governed  Proclaimed by the Declaration of Independence  Preamble  Also in the State Constitutions

The Basic Principles  Limited Government  No government is all-powerful, that a government may do only those things that the people have given it the power to do  Other side of popular sovereignty  Government must obey the law; CONSTITUTIONALISM: must follow Constitutional principles; “rule of law”: government and its officers are always subject to – never above—the law  A statement of limited government; Great protection of the people’s rights in 1 st Amendment

The Basic Principles  Separation of Powers  Presidential system; those powers (legislative, executive, and judicial) are distributed  Part of every State constitution  Three offices: Congress, the Presidency, the courts  Clearly set forth in the opening words of the first three articles  Founding Fathers intended to create a strong, but limited government  “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.” –Federalist No. 47

The Basic Principles  Checks and Balances  Three branches of government not entirely separated nor completely independent from one another  Complex system  Power to block (check) the power of other two branches

The Basic Principles  Judicial Review  One aspect of checks and balances  Power of courts to determine whether what government does is in accord with what the Constitution provides.  It is the power of the court to determine the constitutionality of a governmental action  Unconstitutional: to declare illegal, null and void, of no force or effect  Federal and State courts  Intent  Federalist No 78; No 51  Marbury v. Madison 1803

The Basic Principles  Federalism  The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments.  Our power-sharing form of government is the opposite of "centralized" governments

The Basic Principles  Federalism  While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. U.S. Constitution Acts of Congress State Constitutions State Statutes City, County Charters

The Basic Principles  Federalism  Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers.

FEDERAL--DELEGATED POWERS KIND OF POWER LOCATION EXAMPLES Expressed Article I, Section 8 (18 Clauses) Article II, Section 2 Article III, 16 th Amendment ImpliedArticle I, Section 8, Clause 18: “necessary and proper” Regulation of labor- management relations; building hydroelectric dams Federal crime of moving stolen good across state borders Gambling or kidnapping across State lines Racial discrimination InherentPowers granted because of position as sovereign state in world community Immigration regulation Acquisition of territory Diplomatic recognition

FEDERAL--DENIED POWERS KIND OF POWER LOCATION EXAMPLES ExpressedBill of Rights Levy duties on exports Deny freedom of religion, speech, press, or assembly Conduct illegal search or seizure Deny speedy trial or trial by jury Implied Create public school system for the nation Cannot set up local governments InherentArticle VI Cannot threaten the system

State Powers  Reserved  Marriage age  Drinking age  Professional licensing  Public schools  Set up local government units  Set conditions for divorce  Permit or outlaw gambling  Denied  States cannot enter into any treaty, alliance, or confederation  Print or coin money  Deprive any person of life, liberty or property without due process  Cannot tax national government  State constitutional limits

Amending the Constitution  Informal  The process by which many changes have been made to the Constitution without changing the written words  Five methods  Custom  Party Practices  Basic Legislation  Executive Action  Court Decisions

Amending the Constitution  Formal  Changes or additions that become part of the written language of the Constitution itself  Method 1: 26 Amendments  2/3 vote in each house of Congress  ¾ vote in the state legislatures  Method 2: 21 st Amendment (1933)  Proposed by Congress and then ratified by conventions, called for that purpose, in ¾ of States  Method 3: never used  An amendment may be proposed by a national convention, called by Congress a the request of 2/3 of the State legislatures  Method 4: The Constitution  An Amendment may be proposed by a national convention and ratified by Conventions in ¾ of the States  Emphasis on federal character of the government  Proposal takes place at federal level and is approved State-by-State

Amending the Constitution  Criticisms  The practice of sending proposed amendments to the State legislatures rather than to ratifying conventions, especially because it permits a constitutional change without a clear-cut expression by the people  The supreme court has held that a State cannot require an amendment proposed by Congress to be approved by a vote of the people of the State before it can be ratified by the State legislature  A state is not bound by a ad4ecision to not ratify, can change its mind and ratify later; the reverse is not true