1. Unit 1: Introduction & U.S. Constitution
Lecture & Discussion 3: Constitutional Composition & Change

2. Objective
To become familiar with the framework of the Constitution, identify the basic principles upon which it was founded, and understand the methods by which it is changed.

3. Do Now Complete the outline and respond to the prompts.
What observations can you make about how the framers organized the Constitution?
Which branch of government was given the greatest numbers of specific powers? Why?
What inferences can you make about how power was distributed within the government?

4. A. An Overview A Brief, “Vibrant” Document
original form contained less than 5,000 words
open to interpretation; guides society through growth and change
deals largely with basic principles, as opposed to detailed provisions

5. A. An Overview The U.S. Constitution Main Components Preamble Articles
Amendments
an introduction stating goals of government:
establish justice
insure domestic tranquility
provide for the common defense
promote the general welfare
secure the blessings of liberty
numbered sections that outline:
organization and powers of branches
relation of States with national government
process for amendment
the provisions for ratification
formal changes to the original document:
#1-10: Bill of Rights
#11-27: further define processes of government, expand upon its powers, or address important societal issues

6. B. Constitution and Democracy
Debate: Constitution = Democracy?
no “pure” or direct democracy
republic: a system of representative government based on popular consent

7. B. Constitution and Democracy
Limits to Popular Rule
State legislatures choose the Senate and electors choose the President
judicial review: power of courts to declare laws unconstitutional limits power of popular majority (Marbury v Madison, 1803)
amending Constitution still relatively difficult

8. Marbury v. Madison (1803) Facts: Question:
outgoing President John Adams tried to “pack the court” by appointing “midnight judges”
incoming President Thomas Jefferson ordered Secretary of State James Madison not to deliver the commissions
plaintiff William Marbury sued James Madison
Question:
Does the supreme court have the authority to declare a provision in the Judiciary Act of 1789 unconstitutional?
Conclusion:
Yes…established the principle of Judicial Review

10. B. Constitution and Democracy
View of Human Nature
framers learned under British rule and Articles of Confederation people pursue self-interest
faction: a group with distinct political interests
felt constitutional structure needed to guard against any faction from creating “tranny of majority”

11. B. Constitution and Democracy
Key Principles
separation of powers: constitutional authority is shared by three branches of government
system of checks and balances enables each branch to check authority of others
divides offices among many people and provides the “means and motives to resist encroachment of the others”

12. B. Constitution and Democracy
Key Principles
federalism: political authority is divided between national and state governments
one level of government can serve as a check on the other
provides a “double security” to the rights of the people by allowing factions to gain some but not all power

13. C. Changing the Constitution
amendment: a new provision in the Constitution

14. C. Changing the Constitution
formal amendment: a literal change to the letter of the Constitution (written Constitution)

15. C. Changing the Constitution
informal amendment: constitutional change as a result of experiences and workings of government (unwritten Constitution)
Basic Legislation: Congress passes laws to define provisions in Constitution
Constitution: Article II creates office of President and Vice President
Change: Congress creates agencies and departments in executive branch

16. C. Changing the Constitution
informal amendment: constitutional change as a result of experiences and workings of government (unwritten Constitution)
Executive Action: use of presidential power contributes to growth of Constitution
Constitution: Article I grants Congress power to declare war
Change: president makes war as commander in chief

17. C. Changing the Constitution
informal amendment: constitutional change as a result of experiences and workings of government (unwritten Constitution)
Court Decision: Supreme Court interprets and applies the Constitution
Constitution: Article III creates the federal court system
Change: Marbury v. Madison established power of judicial review in 1803

18. C. Changing the Constitution
informal amendment: constitutional change as a result of experiences and workings of government (unwritten Constitution)
Party Practices: political parties play role in governance thought not in Constitution
Constitution: no provision for nomination of presidential candidates
Change: political parties started using nominating conventions in 1830’s

19. C. Changing the Constitution
informal amendment: constitutional change as a result of experiences and workings of government (unwritten Constitution)
Custom: unwritten customs shape and influence government
Constitution: grants power of appointment to President
Change: senatorial courtesy is practice of getting approval from senator of that State