An Outline of the Constitution  Preamble—the introduction.  Articles—7 articles that deal with the powers of the branches of the national government and the relationship between the states and the federal government.  Amendments—27 changes and additions to the constitution.

Popular Sovereignty  Political power rests with the people.  The government governs by the consent of the people.  The people have granted the US government the power to rule over them.  If the people do not like it, they can vote politicians out and make changes to the government as they see fit.

Limited Government  Government can only do that which the people allow it to do so.  The government must follow the rule of law. It is not above the law.  The government must also abide by all the freedoms and rights that it promised to protect.

Separation of Powers  Comes from the ideas of Baron de Montesquieu.  Montesquieu preached that no one part of the government should have total control. The powers should be broken up.  In our government, we call it checks and balances.  We have three branches of government: Legislative, Executive, and Judicial.

The Checks and Balances  President can sign laws, but if he vetoes, Congress can override it.  President can appoint people, but Congress has to approve them.  Supreme Court has the right to review laws to see if they are constitutional or not.

Judicial Review  The power of the court to determine the constitutionality of what the government does.  Not originally part of the Constitution.  Marbury vs. Madison—set precedent that the court can declare a law unconstitutional.  While most laws are upheld, 150 cases have shown the US government to have committed an unconstitutional act and voided 1,100 state laws.  Gives the court a powerful check on Congress, president, and state governments.

Federalism  The balance of power between the national and state governments.  As a way to make all parties happy, the founding fathers gave the states certain powers and gave some powers to the federal government.  All national laws supersede state laws.

Question Time  1. Why is having a limited government such a major part of our government?  2. Why did the Founding Fathers put a lot of emphasis into the concept of “Checks and Balances”?  3. In what way does the Constitution reflect Enlightenment thinking (go back to last unit)?  4.Why was the concept of federalism important to the Founding Fathers?

Formal Amendments  The founding fathers created several different ways we can change the constitution.—Article V of the Constitution.  4 ways: proposed in Congress, state conventions called by the Congress, national convention called by Congress, and national convention ratified by states.  To date, amendments have only been made by being proposed by congress (except 21 st which was proposed by Congress and passed onto the state legislatures to decide).  Either way, ¾ of the states have to ratify (approve) the amendment and 2/3 of both houses of Congress.

The Bill of Rights FFFFor some states, and some people like Jefferson, to be satisfied, in order to pass the Constitution, a Bill of Rights was necessary for ratification. JJJJames Madison, who wrote most of the Constitution, wrote the Bill of Rights. TTTThey are the first 10 amendments to the Constitution. TTTThese rights, at the time, did not fully apply to women, freed blacks, and did not apply at all to slaves or Indians.

The Bill of Rights Amendments  1 st : Freedom of speech, press, religion, assembly, and petition the government.  2 nd : Right to bear arms.  3 rd : No quartering of soldiers during time of peace.  4 th : You need a warrant. Unreasonable search and seizures.  5 th : Right to due process, no double jeopardy, right to no self-incrimination.

The Bill of Rights Amendments  6 th : Rights to a speedy trial. Rights of the accused.  7 th : Right to trial by jury.  8 th : No excessive bail or cruel and unusual punishment.  9 th : just because a certain right is not specifically listed or explicitly protected by the Constitution does not mean that right does not exist.  10 th : All other unlisted powers and rights are given to the states and/or people.

The Amendments  11 th : Sovereign immunity— state cannot be sued in federal court without the consent of the state.  12 th : Vote on two ballots for president and vice president.  13 th : Abolished slavery.  14 th : Citizenship, due process, and equal protection given to Blacks (i.e. Former slaves).  15 th : Gave Black men suffrage.

The Amendments  16 th : Allows the federal income tax.  17 th : Direct elections of senators.  18 th : Prohibition.  19 th : Suffrage for women.  20 th : Congress is inaugurated on Jan 3 and President on Jan 20.  21 st : Repeals prohibition.  22 nd : President gets only 2 terms (10 years).

The Amendments  23 rd : Washington DC gets electoral college votes.  24 th : Prohibits poll taxes.  25th: Deals with succession of the president due to health, death, or vacancy.  26 th : Lowers voting age to 18.  27 th : Congress can’t vote itself a pay raise for current congressional session.

Proposed Amendments SSSSeveral amendments have been proposed but never adopted. CCCCrittenden Compromise—legalize slavery on Missouri Compromise line forever. AAAAmendments to ban child labor, ban interracial marriage, abolish death penalty, give Washington DC representation in the House, outlaw flag burning, ban abortion, deny citizenship to children of illegal immigrants, same sex marriage ban, allow same sex marriage, abolish electoral college, repeal 16th and 17th amendment, and term limits to name a few. EEEERA for women. Failed by 3 states.

Question Time  5. What Bill of Right Amendment do you think is the most important and why?  6. What non-Bill of Right Amendment do you think is the most important and why?  7. If you were in Congress today, what amendment would you like to propose and why?

Legislative Changes  Congress has made some changes to the Constitution.  Congress created the federal court system with the Judiciary Act of  All federal departments and agencies have been created by Congress.  Congress has also defined what interstate and foreign commerce were by many different laws.

Executive Actions  Presidents have also changed the Constitution.  Congress can declare war, but the president can send in troops without their consent.  Presidents can make executive agreements instead of treaties with foreign nations.  The president has also become a focal point for change in this nation.

Supreme Court Decisions  The Supreme Court has affected the Constitution by the way that it interprets it.  Marbury vs Madison gave the court the power of judicial review, something never expressively written down.  Supreme Court decisions have affected that nation greatly in terms of business, civil rights, slavery, etc.

Party Practices PPPPolitical Parties have also changed the Constitution since they were not around when it was first ratified. PPPPolitical parties have affected our landscape from the introduction or primaries to their national conventions how they affect the electoral college (by taking the electors away from the people and making it liable to the popular vote of the state).

Unwritten Constitution  Things we do out of custom (political parties, cabinet, judicial review, etc.)  No provision made in case of a president dying (until 1967 after Kennedy died). Just a tradition since William Henry Harrison  No third term (until FDR).  Senate backs up presidential appointees if the senator from that state approves him/her.

Question Time  8. Besides formal amendments, what other ways has our government altered the constitution?  9. What is the unwritten constitution? Give an example.