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AMERICAN IDEALS and the AMERICAN CONSTITUTION
An Overview of the American Constitutional Framework September 20th, 2005
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Exam Tip of the Day! the mid-term exam will NOT have a question from the “political ideologies” section of Chpt.1 (13-15)
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The Constitution of the United States
Just what is a constitution? the formal rules for collective political decision-making (process) formal limits on what spheres are subject to collective political decisions (outcomes)
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The Constitution of the United States
Just what is a constitution? What is the main thrust of the American Constitution? protecting against the tyrannical use of power by government
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The Constitution of the United States
Just what is a constitution? What is the main thrust of the American Constitution? How to Protect Against the Tyrannical Use of Power by the Executive? make it accountable to the people limit what it can do
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THE DECLARATION OF INDEPDENDENCE (1776)
“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these, are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it...”
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The Constitution of the United States of America (1787)
“We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
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The Constitution of the United States
Just what is a constitution? What is the main thrust of the American Constitution? How to Protect Against the Tyrannical Use of Power by government? make it accountable to the people limit what it can do How to Limit What a Government Can Do?
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The Constitution of the United States
Just what is a constitution? What is the main thrust of the American Constitution? How to Protect Against the Tyrannical Use of Power by the Executive? make it accountable to the people limit what it can do How to Limit What a Government Can Do? legal prohibitions
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The Constitution of the United States
Just what is a constitution? What is the main thrust of the American Constitution? How to Protect Against the Tyrannical Use of Power by the Executive? make it accountable to the people limit what it can do How to Limit What a Government Can Do? legal prohibitions fragmenting power
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The US Constitution the constitution of the Constitution
seven articles ( ) first ten amendments -- the Bill of Rights (1791) seventeen additional amendments ( )
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The US Constitution function of the Constitution
creates the three branches of government at the federal level (Articles I, II, III) creates the two orders of government -- federal government and state governments (Article IV and VI) limits governments in their relationships with citizens (Amendments 1-10)
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1.) Establishing the Three Branches of Government
Separation of Powers Checks and Balances
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Legislates, Controls Budget, Approves Nominations and Treaties, Impeach
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Legislates, Controls Budget, Approves Nominations and Treaties, Impeach
VETO!
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Legislates, Controls Budget, Approves Nominations and Treaties, Impeach, Override Veto
Declare Laws Unconstitutional Declare Acts Unconstitutional Confirms Nominations, Impeach Nominates Judges
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1.) Establishing the Three Branches of Government
Separation of Powers Checks and Balances
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2.) Establishing the Two Orders of Government -- Federalism
Why Have a Federal Government? practical reasons philosophical reasoning Why Maintain State Governments? Orders of Government vs. Levels of Government
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3.) Limits on Government Bill of Rights
the first Ten Amendments (1789) “Congress shall make no law...”
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Amending the Constitution (Article V)
Methods of Amending the Constitution Proposing Amendments... 2/3 of both Houses of Congress or 2/3 of state legislatures Ratifying Amendments... 3/4 of states (either by the state legislature or special convention)
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Recent Amendments/Proposals for Amendment
27th Amendment (1992) -- Congressional Pay proposed amendments Equal Rights Amendment Term Limits Amendment Flag Amendment Gun Control...revising the 2nd Amendment Balanced Budget Amendment
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Assessing the American Constitutional Framework (
Assessing the American Constitutional Framework (...from a democratic perspective) separation of powers/checks and balances bicameral legislature federalism formal limits on the powers of government rigid constitution indirectly elected president (e.g. electoral college) unelected Supreme Court unelected Senate (until 1913)
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Democracy -- Protection of Individual Rights
Low (Emphasis on General Welfare) High UNITED STATES
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Final Point... American Constitution grounded in emphasis on rights of individual and limits on government American emphasis on mass political participation emerged out of American political context, political culture and political practice
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