1. The Living Constitution Unit 1: Constitutional Underpinnings Chapter 2 Unit 1: Constitutional Underpinnings Chapter 2

2. The Living Constitution  U.S. = Oldest “written” Constitution  224 other countries have written constitutions  1/2 have been adopted or significantly revise since 1990  17 new ones since 2000  U.S. = Oldest “written” Constitution  224 other countries have written constitutions  1/2 have been adopted or significantly revise since 1990  17 new ones since 2000

3. The Living Constitution  The brevity (4,543 words) and ambiguity of many constitutional provisions have spurred a great deal of additional debate  Santa Fe v. Doe (2000) Santa Fe v. Doe (2000)  Is the lack of specificity in the Constitution genius or a flaw? High school students pray outside their school before classes begin for the day. Although this type of prayer has been upheld by the courts, the Supreme Court struck down student-led prayer broadcasted over a stadium loudspeaker before a high school football game.

4. Views of the Constitution Section 1

5. Constitution Summary  Article I  Bicameral Congress  Enact legislation governing foreign and INTERSTATE commerce  Article II  Executive (president)  Article III  Supreme Court  Congress may establish other federal courts  Article I  Bicameral Congress  Enact legislation governing foreign and INTERSTATE commerce  Article II  Executive (president)  Article III  Supreme Court  Congress may establish other federal courts  Article IV  Privileges and immunities of citizens  Admitting states  Article V  How to Amend  Article VI  Supremacy Clause  Article VII  Ratification

6. Views of the Constitution  Natural Law - God’s or natures law that defines right from wrong and is higher than human law  Have/do we view the Constitution as natural law?  The Constitution became a symbol of national unity and loyalty  The Framers became almost mythical  Natural Law - God’s or natures law that defines right from wrong and is higher than human law  Have/do we view the Constitution as natural law?  The Constitution became a symbol of national unity and loyalty  The Framers became almost mythical

7. Revered?  9 of 10 are proud of the Constitution and feel it is important to them  1/3 believe it establishes English as the official language  1 in 6 believe it establishes the U.S. as a Christian nation  1 in 4 can name a 1st Amendment right  2 in 3 can knew the Constitution created 3 branches of government  Only one could name all three  9 of 10 are proud of the Constitution and feel it is important to them  1/3 believe it establishes English as the official language  1 in 6 believe it establishes the U.S. as a Christian nation  1 in 4 can name a 1st Amendment right  2 in 3 can knew the Constitution created 3 branches of government  Only one could name all three

8. The Federalist, No. 51 (Madison) “If men were angels no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

9. Checking Power with Power Section 2

10. Checking Power with Power  Most important means the framers devised to limit power was free and fair elections  But…  They also feared a majority might deprive minorities of rights  Ex. In Santa Fe the majority of the class voted to pray  Most important means the framers devised to limit power was free and fair elections  But…  They also feared a majority might deprive minorities of rights  Ex. In Santa Fe the majority of the class voted to pray

11. Separation of Powers  The Federalist, No. 47 (Madison)  “No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty, than that…the accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny”  The Federalist, No. 47 (Madison)  “No political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty, than that…the accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly be pronounced the very definition of tyranny”

13. Political Parties  Divided Government – One party controls the presidency and another controls one or both houses of Congress  Partisanship – strong allegiance to one’s own party, often leading to unwillingness to compromise  Divided Government – One party controls the presidency and another controls one or both houses of Congress  Partisanship – strong allegiance to one’s own party, often leading to unwillingness to compromise

14. Political Parties: Divided Gov’t & Partisanship http://www.knowledgerush.com/wiki_image/c/c9/Bush_cheney_hastert.jpg http://lashawnbarber.com/images/Allen_Webb.jpg  President Bush was largely free from congressional investigations  Democrats regained control of both Houses of Congress in 2006 and investigations quickly began

15. Political Parties: Divided Gov’t & Partisanship  Competition between branches  Try to take each others power  Battles over budget & Court appointments  1995 1995  “Borked” “Borked”  In reality, when gov’t is divided no less gets accomplished and Americans continually vote for it  Competition between branches  Try to take each others power  Battles over budget & Court appointments  1995 1995  “Borked” “Borked”  In reality, when gov’t is divided no less gets accomplished and Americans continually vote for it http://newsimg.bbc.co.uk/media/images/42761000/jpg/_42761667_gingrich_afp416x300.jpg http://www.constitutioncenter.org/timeline/flash/assets/asset_upload_file2_12367.jpg

16. Expanding Electorate  Direct Democracy  Electoral College does not live up to its intent  Expansion of suffrage Expansion of suffrage  Direct Primaries  Choosing party nominees  Initiatives  Propose and vote on laws  Referendums  Vote to reconsider actions of the legislature  Recall  Vote to remove an official from office  Electoral College does not live up to its intent  Expansion of suffrage Expansion of suffrage  Direct Primaries  Choosing party nominees  Initiatives  Propose and vote on laws  Referendums  Vote to reconsider actions of the legislature  Recall  Vote to remove an official from office http://hempnews.tv/wp-content/uploads/2010/03/Picture-121.png http://theinsanityreport.com/home/wp-content/uploads/2009/07/arnold_gray_terminated.jpg

17. Agencies  Congress could not legislate increasingly complex matters  Created agencies with the power to make/apply rules and settle disputes  Independent Regulatory Commissions (1887)  Federal Communications Commission (FCC) Federal Communications Commission (FCC)  Independent Executive Agencies (1934)  Environmental Protection Agency (EPA) Environmental Protection Agency (EPA)  Congress could not legislate increasingly complex matters  Created agencies with the power to make/apply rules and settle disputes  Independent Regulatory Commissions (1887)  Federal Communications Commission (FCC) Federal Communications Commission (FCC)  Independent Executive Agencies (1934)  Environmental Protection Agency (EPA) Environmental Protection Agency (EPA)

18. Changes in Technology  Compare today’s technology with that of the late 18th century  24/7 News  C-SPAN  Internet  Live war coverage  How does this change the actions of government?  President can reach millions instantly  Giving immediate access to public opinion  Interest groups can bombard congress with letters, calls, emails, Facebook posts, etc  Compare today’s technology with that of the late 18th century  24/7 News  C-SPAN  Internet  Live war coverage  How does this change the actions of government?  President can reach millions instantly  Giving immediate access to public opinion  Interest groups can bombard congress with letters, calls, emails, Facebook posts, etc

19. Growth in Presidential Power  U.S. President today = the most significant player on the world stage  President receives visibility no member of Congress can achieve President receives visibility no member of Congress can achieve  The powers of the executive have grown MUCH more than any other branch since ratification of the Constitution  U.S. President today = the most significant player on the world stage  President receives visibility no member of Congress can achieve President receives visibility no member of Congress can achieve  The powers of the executive have grown MUCH more than any other branch since ratification of the Constitution http://www.historyplace.com/kennedy/jfkpix/berlin2thp.jpg

20. Judicial Review & the “Guardians of the Constitution” Section 3

21. Judicial Review  Not in the Constitution  Was it implied?  The Federalist, No 78 (Hamilton)  “The independence of judges, may be an essential safeguard against the effects of occasional ill humors in the society”  Not in the Constitution  Was it implied?  The Federalist, No 78 (Hamilton)  “The independence of judges, may be an essential safeguard against the effects of occasional ill humors in the society”

22. Origins of Judicial Review Whether the delegates to the Constitutional Convention of 1787 intended to give the courts the power of judicial review is a long debated question

23. Marbury versus Madison  John Marshall sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801  Jefferson refuses to deliver other commissions  Writ of Mandamus ordered  Marbury v. Madison  Constitution is the supreme and binding law

24. The Constitution as an Instrument of Change Section 4

25. Unwritten Constitution  Congressional Elaboration  Congressional legislation that gives further meaning to the Constitution  Based on vague Constitutional authority  Necessary & Proper Clause  Examples:  Judiciary Act of 1789  Impeachment  Congressional Elaboration  Congressional legislation that gives further meaning to the Constitution  Based on vague Constitutional authority  Necessary & Proper Clause  Examples:  Judiciary Act of 1789  Impeachment

26. Presidential Practices: Executive Orders  A directive issued by a president or governor that has the force of law  Examples Examples  Bureaucracy  Change rules Change rules  A directive issued by a president or governor that has the force of law  Examples Examples  Bureaucracy  Change rules Change rules http://blog.pinkmap.com/wp-content/uploads/2009/11/lgbt_logo2.gif

27. Presidential Practices: Executive Privilege  Power to keep executive communications confidential  Especially if related to national security  Power to keep executive communications confidential  Especially if related to national security http://storycartoons.com/big/e_privilege.jpg

28. Presidential Practices: Impoundment  Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated  Nixon Nixon  Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated  Nixon Nixon http://static.howstuffworks.com/gif/president-11.jpg

29. Custom and Usage  Political Parties  Interest Groups  Televised press conferences  Televised debates  Internet  Youtube, Facebook, Twitter, etc.  Political Parties  Interest Groups  Televised press conferences  Televised debates  Internet  Youtube, Facebook, Twitter, etc.

30. Changing the Letter of the Constitution Section 5

32. Proposing Amendments  EACH session dozens are introduced but Congress has only proposed 31 proposed 31  Why?  Politics  Overturn Supreme Court  Texas v. Johnson  Make government more responsive  EACH session dozens are introduced but Congress has only proposed 31 proposed 31  Why?  Politics  Overturn Supreme Court  Texas v. Johnson  Make government more responsive http://www.cagle.com/news/FlagBurning/Flag%20Burning/stayskal.gif

34. Ratifying Amendments The Time for Ratification of the 27 Amendments to the Constitution

35. Ratification Politics: The ERA  “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”  First introduced in 1923  Passed by Congress in 1972, and referred to the states for ratification  Fell three states short of the 38 needed for ratification  Demonstrates the difficulty of amending the Constitution