1. The US Constitution
Kelly Walker
US and VA Government
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2. The Constitution Center

3. The US Constitution Written in 1787 Took effect in 1789
Has 7,000 words-takes ½ hour to read
The nation’s highest form of law in the land
Outlines the basic principles upon which the government was built and operates
Deals largely with matters of basic principle

4. The Constitution
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5. Organization Preamble-Introduction
Articles-outlines the basic organization and powers of each branch and the powers given to the states
Legislative Branch
Executive Branch
Judicial Branch
Relations among the States
Amending the Constitution
National Debts, Supremacy of National Law, and Oaths of Office
Ratifying the Constitution

6. The Father of the Constitution: James Madison
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7. The Six Basic Principles
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
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8. Popular Sovereignty All political power resides in the people
The people are sovereign
The people are the only source for any and all governmental power
Government can only govern with the consent of the governed
Woven throughout the Constitution
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9. Limited Government No government is all powerful
A government may do only those things that the people have given it the power to do
Government must obey the law
Constitutionalism- the government must be conducted according to constitutional principles
Rule of Law- The government and its officers are always subject to-never above-the law
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10. Separation of Powers Presidential System
The basic powers are separated among three distinct and independent branches of government
Congress-Legislative Branch
President-Executive Branch
Courts-Judicial Branch
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11. Checks and Balances Three branches are not entirely separate
Tied together by a complex system of checks and balances
Each branch is subject to a number of restraints (checks) by other branches
Each branch has certain powers with which it can check the operations of the other two
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12. Checks and Balances
Congress has the power to make law, but the President can VETO (reject) any act of Congress
Congress can override a presidential veto by 2/3’s vote in each house
The President may appoint all federal judges but each appointment must be approved by a majority of the Senate
The courts have the power to determine the constitutionality of acts of Congress and the President – Judicial Review

13. Judicial Review One aspect of the check and balance system
The power to declare unconstitutional (to declare illegal), null and void, of no forces and effect, a government action found to violate some provision of the Constitution
Held by all federal courts and most state courts
Not written in the constitution-implied
Chief Justice John Marshall

14. The Supreme Court of the United States declared that:
Marbury v. Madison (1803)
William Marbury asked the Supreme Court to issue a writ of mandamus to order James Madison to deliver his commission.
The Supreme Court of the United States declared that:
Marbury is entitled to the commission, but:  
The Court cannot issue the writ because the Judiciary Act of 1789, which granted the Supreme Court original jurisdiction to issue writs of mandamus, is unconstitutional.  
The Supreme Court of the United States has the power to review acts of other branches and determine their constitutionality. This power is called judicial review.  

15. The Amendment Process
The process of constitutional change has come about in two ways:
Formal Amendment –changes or additions that become part of the written language of the Constitution itself
By other informal means
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16. Formal Amendment Process
Step Step 2
Amendment is Proposed Amendment is Ratified
¾ (38) of state
Legislatures
2/3 vote in each
House of Congress
(67, 290) 26 out
of 27 Amendments
Amendment or or
Amendment
National Convention Called by
Congress When requested by
2/3 (34)of State Legislatures
21st Amendment
Conventions held
In ¾ of the states
Constitution
Ratified this way

17. Federalism and Popular Sovereignty
Proposal of Amendments takes place at the national level and ratification at the state level
This acts as an expression of the people’s sovereign will
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18. Proposed Amendments
Since 1789, 10,000 joint resolutions calling for Amendments have been proposed. Only 33 have gone to the states and 27 have become Amendments. (ERA died in 1982)
If a state rejects a proposed amendment, it is not forever bound by that decision. It may later ratify. Once a state approves an Amendment, it may not change its decision.

19. The 27 Amendments
1-10, the Bill of Rights-Set out the constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of free fair and equal treatment before the law.
The later Amendments-All came about over a particular set of interesting circumstances-18th and then the 21st
27th Amendment
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20. Constitutional Change by Other Means: Informal
There is a great deal in the Constitution that cannot be seen by the naked eye
Over time, many changes have been made in the constitution which have not involved any changes in its written words
Change occurs in five basic ways:
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21. Change
Basic Legislation-Congress passes laws to clarify the constitution
Executive Action- Action taken by the President-War? Executive agreements
Key Decisions of the Supreme Court
The activities of political parties-Parties, nomination process not mentioned
Custom-Cabinet, Senatorial Courtesy
Photo copyright: Kelly Walker