1. Lecture: Principles of the Constitution
Big Idea: Constitutionalism
Lecture: Principles of the Constitution
Unit 1: Foundations of American Democracy

2. A Moment to Discuss Power…
Take 1 min with your partner & look at the following image and attempt to explain what is going on…
How would you describe the action in the image?
This is a diffusion of molecules
Same concept can be applied to power
Diffusion of Power
Your Goal as you move into the concepts in the Const. is to be able to recognize this

3. I. Separation of Powers
Madison- how to control tyranny- concentration of power
Diffusion of power
Danger of 1 branch controlling others = C/B
The basic ideas in Federalist No. 51 (More on this one later…)

4. Examples of Separation of Powers

5. II. Why do we have SOP & C&B?
There needs to be mechanisms to uphold the values of democracy
This is what the framers designed to prevent T REX (raaarrggghh) from rearing it’s ugly head
This is direct response to PTSD
Powers each branch has that allows them to check up on the other branches
Prevents branches from abusing their powers
Preserves the separation of powers
Requires cooperation between the branches of government

6. Checks and Balances Executive Branch Judicial Branch Legislative

7. VS. May reject presidential appointments May withhold funding
Legislative
Branch
VS.
May reject presidential appointments
May withhold funding
May impeach President for serious crimes
HOR impeaches (accuses)
Senate tries the case
May override Presidential Veto with 2/3rds

8. Legislative
Branch
Judicial
Branch
VS.
May propose Constitutional Amendments & pass legislation to override previous judicial decisions
May impeach Supreme Court Justices for serious crimes

9. Executive
Branch
Judicial
Branch
VS.
The President appoints justices (judges) to the Supreme Court & lower courts
With approval from the SENATE (not WHOLE Congress)
They serve for life, so long as they are not impeached for serious crimes

10. VS. May adjourn Congress in certain situations
Executive
Branch
Legislative
Branch
VS.
May adjourn Congress in certain situations
May call special session of Congress during recess or adjournment
May impound spending of funds authorized by Congress
May veto bills that have been passed by Congress

11. Judicial
Branch
Executive
Branch
Legislative
Branch
VS &
May declare laws of Congress & Executive actions Unconstitutional if they contradict the Constitution
This power is called Judicial Review

12. III. Limited Government
Dilemma for framers:
Purposes of a Constitutional govt
What about a Bill of Rights?

13. IV. Judicial Review Marbury v. Madision, 1803
Constitutional Question: What happens when an act of Congress conflicts with the Const? Does the the court have the power to make that decision?
Decision: If any congressional law goes against the Const- then the law or presidential act is invalid- therefore making it unconstitutional
Importance of Case: Establishes the power of judicial review- giving the courts their power-
Buzz word for this case is: Precedent

14. I’m hurting your brains now:
If judicial review is not in the Const, should the courts have the power of judicial review?

15. V. Changing the const formally- adding amendments

16. Two Step Process to Amending the Constitution Formally…
The Proposal Stage
The Ratifying Stage
Method 1: 2/3 Vote of BOTH houses of Congress (33 proposed this way) Method 2: National Convention by Cong at request of 2/3 of state legislatures (Never been done)
Method 1: 3/4 of State Legislatures (26 amendments ratified) Method 2: Constitutional Convention in 3/4 of States (1 amendment ratified this way 21st- repeal of prohibition)

17. A Visual of this process…

18. VI. Changing the Const w/o adding amendments
Due to difficulties of formal change- informal ways developed
Examples:
Judicial rulings (aka The Courts)
Presidential actions
Customs & Traditions
Thomas vs. Dorf & Tribe dilemmas come to life here
“Constitution belongs to the living, not the dead” (Jefferson)

19. Essential Knowledge Statements: Chin Cham Pu- Checks & Balances
Legislative
Executive
Judicial
Instructions:
Play the game with your partner
Whatever you “play”- winner has to ID a power that is being checked that matches the above categories
See Morgana example live example for details

20. Essential Knowledge Statements
Define judicial review
Identify and describe 2 formal methods of amending the Constitution
*Note this includes BOTH proposal and ratification stages