1. Chapter 3 Section 3
Mr. Gordon Presents

2. A Few Words, a Long Reach

3. The Federal Government Applies the Constitution
Framers created framework to be followed and filled in by citizens then and in later generations; put into action, the Constitution has been extended in reach and meaning

4. The Federal Government Applies the Constitution
Legislative Action
Section 1, Article III created the Supreme Court; Congress authorized to create “such inferior courts as the Congress may from time to time ordain and establish”
With Judiciary Act of 1789 created system of lower-level federal courts
Congress has expanded the judicial branch as needed

5. The Federal Government Applies the Constitution
Creating and Defining
The executive branch is defined by the Constitution
Two passing references made to executive departments
Congressional legislation brought today’s department and agencies into being
Congress pushes into areas where Constitution is silent

6. The Federal Government Applies the Constitution
Uncertain ground
New technologies—personal computers, cell phones
Threatening international circumstances—possible attacks by terrorists
Factors push Congress to test constitutional boundaries

7. The Federal Government Applies the Constitution
Uncertain ground
Supreme Court can strike down a new law; the Constitution remains unchanged
Court upholds a new law; the application of the Constitution changes slightly

8. The Federal Government Applies the Constitution
Executive Implementation
Presidents make executive agreements—arrangements or compacts with foreign leaders or foreign governments
Power not found in Constitution text; derived from acknowledged constitutional powers

9. The Federal Government Applies the Constitution
Executive Implementation
Executive agreements important to conducting foreign policy; can bypass long, formal treaty process
Executive agreement used in 1990; created international coalition that defeated the Iraqi invasion of Kuwait

10. The Federal Government Applies the Constitution
Executive agreement has the force of a treaty; does not require Senate ratification
Congress has authorized majority in advance or has approved them after signing; most require subsequent congressional action

11. The Federal Government Applies the Constitution
Actions of the executive department and agencies change way the Constitution applied or interpreted
Agencies must define their operations; carry out programs Congress has assigned to them

12. The Federal Government Applies the Constitution
Executive branch agencies usually have rule-making power; rules have force of law; examples are medicine we take and tap water
Code of Federal Regulations, collection of all of the rules made by executive agencies; about 135,000 pages long

13. Judicial Review Modern-day cases a challenge
“Unreasonable searches and seizures” in an era of airport screening devices, cell phones, and wireless Internet access

14. Judicial Review
Courts must interpret the Fourth Amendment in light of changing conditions; judges to apply the Constitution’s prohibitions to new technologies.
Setting legal standards for law-enforcement to follow when intercepting private conversations, monitoring e- mail, and using other “searching” methods

15. How to Interpret
“Strict” versus “loose” construction of the Constitution
Strict interpretation of the Constitution means giving the words in the document only their literal meaning

16. How to Interpret
Loose construction means following the words plus any reasonable inferences that can be drawn from them
In debates over national bank Thomas Jefferson was a strict constructionist; Alexander Hamilton was a loose constructionist

18. Political Parties, Customs, and Traditions
Political parties and entrenched customs and traditions affect how the Constitution is interpreted, applied, and carried out.

19. Political Parties, Customs, and Traditions
Political party—an organized group that seeks to win elections in order to influence the activities of government
Parties help determine the choice of candidates, policies, and programs presented to the voters
Parties also help shape the judicial branch; deeply affect how government operates

20. Political Parties, Customs, and Traditions
Legacy of Political Movements
Populists supported bank regulation; government regulation of railroads; unlimited coinage of silver; direct election of senators
Progressives took same causes as Populists; helped the urban poor

21. Political Parties, Customs, and Traditions
Legacy of Political Movements
Federal government regulated banks, food and drug safety, railroads, and business monopolies
Now have PACs, online political commentators, and bloggers

23. Customs and Traditions
Strongly influence how American government behaves
Constitution authorizes the president to “require the opinion, in writing, of the principal officer in each of the executive departments”
Washington relied on language in Article II to create a cabinet—a group of advisers consisting of the heads of the executive departments; in time tradition of cabinet and cabinet meetings born

24. Customs and Traditions
Some traditions have become law; no president served more than two terms in office until Roosevelt broke with tradition with third and fourth terms as president in the 1940s
Many Americans concerned; Congress passed the Twenty-second Amendment
Presidents limited to two terms, formalizing the custom that began with Washington

25. Criticisms of the Constitution
Imperfections
Brevity, insight, and flexibility commands respect
Some agree with Jefferson’s prediction that “the imperfections of a written Constitution will become apparent”

26. Criticisms of the Constitution
A System That Creates Gridlock
Inability to govern effectively due to separation of powers—gridlock
Can bring government to a standstill; 1995 budget dispute shut down the federal government for 27 days

27. Example of Gridlock for traffic

28. Criticisms of the Constitution
Questions about Representation
Constitution falls short of truly representative democracy
Most obvious in Senate; states with small populations have far more relative influence than residents of states with large populations

30. Criticisms of the Constitution
The Electoral College
Electoral college—the body of 538 people elected from the 50 states and the District of Columbia
Critics point to the fact that the winner of the popular vote may not win the presidency

32. Winner-Take-All Elections
In elections for U.S. Congress, the candidate who receives the most votes is elected to the House or Senate; candidate who comes in second or third goes home—even if he or she receives a large number of votes
This type of election known as the winner-take-all system
Many European parliaments use proportional representation
Voters choose from party lists of candidates; seats are given to each party according to the percentage of the total votes they win

33. Winner-Take-All Elections
More-popular parties will have a larger number of seats, but less-popular parties will not be entirely shut out of the parliament
Supporters of proportional representation say it allows a larger variety of viewpoints to gain representation in the legislature
Defenders of the U.S. system respond that proportional representation leads to fractured legislatures with many small parties, while the American process allows the party with the most support to govern

34. No Graphic that is hot