2. Chapter 2 The Living Constitution

3. Constitution is Short Is its shortness a strength or a weakness?  Basketball Analogy

4. Why Has the Constitution Endured for so Long? Economy Got Better Soon seen as revered, natural law Had the flexibility to grow with time

5. Federalist No. 51 Constitution is both a positive instrument of government, which enables the governors to control the governed and a restraint on government, which enables the ruled to check the rulers. What does this mean?

6. Basic Framework Three Branches of Government

7. Limits on Power of Government Federalism (ch. 3) Regular and Open Elections Checks and Balances Separation of Powers Jefferson—“Free Government is founded on Jealousy, and not in confidence.” “Government is not reason, it is not eloquence, it is a force; like fire, a troublesome servant and a fearful master. Never for a moment should it be left to irresponsible action.” G. Washington

8. Separation of Powers Legislature passes laws, Executive administers the laws and Judicial branch enforces and interprets the laws Power is relatively Equal None is politically dependent on other Madison (Fed. No. 47): “No Political truth is certainly of greater intrinsic value or stamped with the authority of more enlightened patrons of liberty, than that…accumulation of all powers, legislative, executive and judiciary in the same hands may justly be pronounced the very definition of tyranny.”

9. Checks and Balances System whereby each branch has a role in ratifying or being able to veto the actions of the other. Essentially requires that at least two branches of the government concur on any major policy change. Analogy—Two buttons in a missile silo.

10. Examples of Checks and Balances

11. Modifications of Checks and Balances The Rise of Political Parties Framers did not like or anticipate parties Arose almost immediately

12. Modifications of Checks and Balances The Rise of Political Parties Act as an additional check Act to weaken checks and balances

13. Modifications of Checks and Balances The Rise of Political Parties Divided government for most of the last 50 years. Role of Congress when Maj. same party as President? 2004 2006

14. Modifications of Checks and Balances Expansion of the Electorate/Changes in Electoral Methods Electoral College anachronism Direct election of Senators Expansion of voting rights Direct Primaries Executive Agencies Changes in Technology

15. Modifications of Checks and Balances Increase of Presidential Power  America’s emergence as World Power  Crisis  Changes in Technology

16. Judicial Review Definition Alien and Sedition Act  Kentucky and Virginia Resolves Marbury v. Madison

17. Consequences of Marbury Checks and balances strengthened People have a check and balance role. How?

18. Evolution of Constitution Congressional Elaboration Legislation fleshes out the details Judiciary Act

19. Evolution of Constitution Impeachment and Removal Powers Who may be impeached? Grounds for impeachment What does “impeach” mean? Who impeaches? Who holds the trial? Who presides over trial? Vote required?

20. Evolution of Constitution Impeachment and Removal Powers Pardon allowed? 17 impeachments, 7 convictions Later criminal prosecution allowed? Punishment if convicted

21. Evolution of Constitution Presidential Practice Presidents define and expand powers of president Jackson and veto Commander in Chief Executive Orders Proposing Legislation Executive Privilege

22. Evolution of Constitution Presidential Practice Impoundment VP IS President  John Tyler FDR-Fire Side Chats

23. Evolution of Constitution Custom and Usage Political Parties Presidential Debates Presidential Primaries

24. Evolution of Constitution Judicial Interpretation What has the Supreme Court’s attitude been toward Judicial interpretation? What has the consequence been on the scope and meaning of the Constitution?

25. Amending The Constitution Amending the Constitution left to Congress and the states by Article V. Role of President?

26. Amending the Constitution Proposing Amendments Amendments always start at the national level. Are two ways to Propose  First, and only used so far—Vote by 2/3 of both Houses of Congress.  Second, never used, proposed at a convention called by Congress after request for such a convention by 2/3 of the states.  Problems with this method?

27. Amending the Constitution Ratifying Amendments Ratification is done by the states. Two methods—  ratification by state legislatures.  ratification by state ratifying conventions. Who determines which method is used? Number of states required for ratification

28. Amending the Constitution Ratifying Amendments What was the only amendment ratified by state conventions? Maj. Vote ok, but 7 states require more Are conventions better than legislature? Can a state change its mind? Time Limit?

29. Mechanics of Amending the Constitution 2/3 vote by Congress 27 of 27 Convention Called by 2/3 of States Never Used Ratified by ¾ of State Legislature 26 of 27 Ratified by ¾ of State Conventions 1 of 27

30. Amending the Constitution Some Details Have been thousands of Amendments proposed in Congress. 31 have gotten the 2/3 vote in Congress. Constitution has been amended 27 times. Only one restriction on Amendments  What is it?

31. Amending the Constitution Passed by Congress, But not States Equal Rights Amendment  States failed to ratify No foreign titles Child Labor Ban on ban on slavery DC Amendment

32. Amending the Constitution Failed Attempts Failed in Congress  Balanced Budget  Electoral College  Flag Burning  Gay Marriage  Many, many others

33. Amending the Constitution Notable Amendments 13th-15th—Civil War Amendments 17th—Direct election of Senators 18th and 21st—Prohibition and Repeal 19 th --Right to Vote for Women 22nd—Two term limit for Pres.