 The Const. is a statement of Limited Government  Govt. can only do those things that the Const. allows.  The result is a “Limited” Government.

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Presentation transcript:

 The Const. is a statement of Limited Government  Govt. can only do those things that the Const. allows.  The result is a “Limited” Government.

 Powers of the National Govt. are divided between the three branches  This “separation” is another way of limiting the power of the govt. No one branch can become overly powerful.  Compare to a Parliament ◦ The three “branches” of govt. are all contained within one body, the legislature

 Judicial Review – the power of the court to determine the constitutionality of a government action or law  This is the main “check” that the Judicial Branch has over the other two branches  Unconstitutional – invalid because it is in conflict with the constitution

 Unconstitutional – a governmental action found to violate some provision of the constitution.  The offensive action / law becomes null and void, of no force or effect!

 Amendments may be proposed by a 2/3 vote in EACH house of congress  Amends must be ratified (adopted) by ¾ of the state legislatures. 38 out of 50 states  26 of our 27 Amends have become law through this method  Other methods exist but are rarely used

Other types of changes to the Constitution

 Congress passes laws that give meaning to basic constitutional concepts (flexibility for changing society)  Congress uses its existing power in new and different ways over the years

 Executive Action – the President’s ability to make some decisions without consent of Congress  Executive Agreement – a pact made by the President with the head of a foreign govt.

 The Supreme Court, for example, changes its mind over time about the meaning of the constitution  What was once constitutional may not be at a later date

 The Constitution does not provide any guidelines for Political Parties  Nevertheless, the development of political parties have changed the way that govt. operates and runs elections

 Over time, customary practices have been accepted as normal and even expected.  May someday become an official amendment.

 Article I – The establishment of the Legislative Branch ◦ House of Representative and a Senate ◦ Powers of each.  Article II – The establishment of the Executive Branch. ◦ The office of the President and Vice President. ◦ Qualifications, powers, electoral process etc.

 Article III – The establishment of the Judicial Branch. ◦ Establishment of the Supreme Court and a process for the creation of lower courts  Article IV – The States ◦ Powers of the States ◦ Relationship between the States and the National Government.

 Article V – The Amendment Process  Article VI – Legal Status of the Constitution  The Constitution is the Supreme Law of the land.  Oaths of Office and National Debts.  Article VII – Ratification Process