Nuts and Bolts of the Constitution

Review: The Principles Popular Sovereignty Limited gov’t aka “Constitutionalism” or “rule of law” Separation of Powers (SoP) Checks and Balances Judicial Review Federalism < How are these two different?

Use your Constitutions to answer the following How many amendments are there to the constitution? 27 How many formal methods of amendment does the Constitution provide? 4 What was the purpose for the 21 st Amendment? Repeal Prohibition

How to make changes? Formal Amendments Formal Amendments – changes or additions that become part of the written language of the Constitution itself Article 5 How many amendments are there? Take a look! The 1 st Ten Amendments are called _______________

Proposed by Congress by a 2/3 vote in BOTH houses Ratified by ¾ of the State Legislatures Ratified by conventions in ¾ of the States OR

Proposed at a National Convention created by Congress when requested by 2/3 of the State leg. Ratified by ¾ of the State Legislatures Ratified by conventions in ¾ of the States OR

How does this reflect the concept of federalism?

Change by other means (or interpretations) 1.The passage of basic legislation by Congress 2.Actions taken by the president 3.Key decisions of the Supreme Court 4.Activities of political parties 5.Customs and usage

Did the Framers layout the provisions of the Constitution in a general or specific manner? General!! Enables flexibility to change through interpretation and practice? Is flexibility good for gov’t?

Basic Legislation – Congress has made a lot of changes 1. passed a number of laws clarifying several of the Constitution’s provisions “flesh and bones” Ex. – Judiciary Act of 1789, creation of executive offices 2.How it uses power - expands Ex. Regulate interstate commerce

Executive Actions How Presidents use their power Ex - Commander in Chief troops-to-iraq-for-fight-against-isil/ troops-to-iraq-for-fight-against-isil/ Executive agreement – agreement between the President directly with the head of a foreign state Doesn’t need Senate approval for this, but would need it for a treaty Executive Power – Section 1 of Art. 2 Ex. TJ and the Louisiana Purchase in 1803 Obama and immigration

Court Decisions The United States Supreme Court (SCOTUS) Maurbury vs Madison – we’ll learn more about this when we go into depth on the courts Judicial Review – is this in the Constitution?

Party Practices What?? The Constitution doesn’t even talk about political parties!!!! How do we nominate the President? National Conventions Congress and “party lines”

Custom and Usage Unwritten customs just as important as written law?? State of the Union Speech (WW revived speech in 1919, after 112 yrs) students/ 15 executive departments make up the Cabinet – an advisory board to the President Succession? Constitution says – powers will pass to VP, not the office itself JFK died in 1963, LBJ still takes office 25 th Amend, 1967

Identify each of the following changes as coming from legislation, executive action, court decisions, party practices, or custom. 1.A law supporting segregation in schools is overturned. 2.The President appoints a conservative judge to please the party’s conservative supporters. 3.The State of the Union address is given each year at roughly the same time. 4.The Civil Rights Act of 1964 extends protections against discrimination. 5.The President sends troops on a peacekeeping mission to an area torn by civil war.

Exit slip: President Woodrow Wilson once described the Supreme Court as “a constitutional convention in continuous session.” Explain what he means.