1. Unit 3 How has the constitution been changed to further the ideals contained in the Declaration of Independence?

2. Purpose Framers provided mechanisms for changing the Constitution (amending) Students will learn how judicial review and political parties (neither described in Constitution) affect American constitutionalism Learn what constitutional issues were at stake in the Civil War and how the war created a “second Constitution” emphasizing due process, equal protection and expansion of the right to vote

3. Lesson 15 How have Amendments and Judicial Review changed the Constitution?

4. Purpose Be able to describe the two ways in which the Constitution can be amended Be able to identify major categories of constitutional amendments Be able to explain why James Madison introduced Bill of Rights Be able to evaluate, take, and defend positions on the amendment process and judicial review

5. Amendment process: How and Why? Framers understood the Constitution would be imperfect and may need to be adapted, but they wanted to make it hard to do so Article V of Constitution: Amendment process Since 1789 over 10,000 amendments have been proposed – only 33 have gained enough votes to be submitted to states for ratification, only 27 have been ratified

6. Article V Pg 321 Proposed by two-thirds of both houses of congress or by petition of two-thirds of the states (state legislatures) Approved by three-fourths of state legislatures or by approval of three-fourths of special state conventions

7. Discussion Advantages? Disadvantages? Should there be a popular vote like in state constitutional amendments? (WA state has 107)

8. Rejected Amendments Outlaw dueling Rename the United States “Merica” Limit, regulate, and prohibit the labor of persons under age eighteen Require a balanced budget Prohibit desecration of the American flag Make English the official language of U.S. Forbid denial or abridgment of rights on account of sex

9. Types of Amendments Bill of Rights The first 10 Amendments Fundamental changes Outlawing of slavery, defining national citizenship, equal protection, due process, changes mostly brought about after Civil War Expansion of suffrage’ Expanding the right to vote, or making it easier to vote

10. Types of Amendments Overturning Supreme Court Decisions Two controversial court decisions: Chisholm v. Georgia (1793) and Pollock v. Farmers’ Loan & Trust (1895) Refinements Matters that framers did not anticipate, mostly dealing with election of leaders Morality Prohibition and temperance

11. Why was a B. of R. proposed? Many different viewpoints on why it was needed Notable fans of bill of rights: Thomas Jefferson, George Washington, James Madison Read pg 108 for more info

12. Judicial Review Judicial Review – Power to declare what the Constitution means and whether the actions of government officials violate the Constitution Marbury v. Madison (1803) – Chief Justice John Marshall writes for a unanimous supreme court that judges have the power to decide whether acts of Congress, the executive branch, state laws, and even state constitutions violate the U.S. Constitution

13. Judicial Review Never mentioned in Constitution but is inherently and assumed the responsibility of the judges They didn’t want fleeting views of what law is (fads) to make it into the constitution Some acts of congress/executive/states conflict with constitution and someone has to decide which those are Judges in best position to declare what Constitution means and will preserve nations fundamental law and will of the people

14. Arguments against Judicial Review Legislatures reflect the sovereignty of the people, the act of judicial review should reside with the people Could lead to political turmoil if other branches or states refuse to acquiesce to Courts interpretation Makes judiciary equal or superior to legislatures, even though they aren’t elected by the people All officers of government take an oath to Constitution so all should consider constitutionality of actions Judiciary are not infallible, and errors cannot be corrected at the ballot box

15. Lesson 16 What is the role of political parties in the Constitutional System?

16. Purpose Be able to explain why the Framers opposed the idea of political parties Describe how political parties began to be accepted Explain conflicting points of view that led to the development of parties and what role they play Be able to take, evaluate, and defend positions on the importance of parties today

17. Terms and Concepts Delegated powers: powers given to the government; granted by the people and the people can take them back (remember Natural Rights philosophy?) Party system: political parties control government Patronage: appointing members of own party to political office Platform: policies and priorities of a political party

18. Terms and Concepts Political party: An organization seeking to achieve political power by electing members to public office so that its political philosophy is reflected in public policy Sedition: incitement to rebellion Ticket: choice of candidates of a political part for president and vice president

19. Modern Platform? Essentially, we have two political parties today. Democrats and Republican. What are the modern platforms for these parties? Other parties?

20. What did Framers think of political parties? Some (like James Madison) thought the new Constitution would control the effects of factions, make everything fair and equal Alexander Hamilton thought factions/parties were evil and should be eradicated Others still (David Hume) thought they were a natural result of diverse interests

21. What did Framers think of political parties? Edmund Burke believed that open opposition expressed through political parties was a good thing (most people in the 18 th century disagreed) In short – there were lots of positions on political parties- Americans had never dealt with them before

22. Key issues that led to development of Political Parties Madison and Hamilton became leaders of two separate groups following the decade after Constitution was ratified 4 key divisions arose that became basis for parties

23. Key Issues 1) The Power of national government Hamilton argued that Constitution was created and designed to take on any and all national problems Government power could be kept in check by delegated powers and by amending the Constitution Jefferson worried that the national government would get too big because Constitutions description of national powers was too vague

24. Key Issues 2) Economic vision To make a strong national economy Hamilton (secretary of Treasury) made a number of recommendations to Congress National bank – believed it was “necessary and proper”- could help collect taxes and regulate trade Jefferson believed in an independent, agrarian economy and that the necessary and proper clause should only be used when absolutely necessary

25. Key Issues 3) Foreign Policy Napoleonic Wars (France and GB) divided Americans more than any other issue Jefferson and his supporters wanted US to help France Hamilton wanted to ally with GB because we had more of a cultural and economic connection Democratic-Republican Clubs – opposed American neutrality, liked France (became Republican party) Hamilton and supporters took the name Federalists Saw each other as a threat to the existence of the nation, not as a long term two party system

26. Key Issues 4) Alien and Sedition Acts Many Americans worried that foreigners would incite rebellion (sedition) against government 1798 Alien Act – President could force foreigners to leave if he considered them dangerous Sedition Act – criminal for editors, writers, or speakers to attack government Outraged Republicans

27. Revolution of 1800 First election in which candidates were openly supported by political parties John Adams v. TJ Important because both parties hated each other – BUT after the election Federalists handed over control of national government to Republican TJ Also exposed voting problem – leading to 12 th amendment – ticket idea

28. What part do parties play today? Pros: 1. Mobilize participation in government process 2. Connect executive and legislative branches 3. Connect national government with state government 4. Platforms are obvious 5. Can provide forum for deliberating policies 6. Ensure that during times of crazy politics people demand change in government – not change in constitution. Provides stability

29. What part do parties play today? Cons: 1. Long standing two party system has made it hard for alternative views and agendas to gain any support – not a wide range of choices 2. If single set of interests or a particularly passionate interest gains dominant power within part, then party is subject to same threat of majority tyranny that Madison and Framers feared

30. Review Unit 3: Lessons 15, 16, 17

31. Purpose Framers provided mechanisms for changing the Constitution (amending) Students will learn how judicial review and political parties (neither described in Constitution) affect American constitutionalism Learn what constitutional issues were at stake in the Civil War and how the war created a “second Constitution” emphasizing due process, equal protection and expansion of the right to vote

32. Lesson 15: Purpose Be able to describe the two ways in which the Constitution can be amended Be able to identify major categories of constitutional amendments Be able to explain why James Madison introduced Bill of Rights Be able to evaluate, take, and defend positions on the amendment process and judicial review

33. Lesson 16: Purpose Be able to explain why the Framers opposed the idea of political parties Describe how political parties began to be accepted Explain conflicting points of view that led to the development of parties and what role they play Be able to take, evaluate, and defend positions on the importance of parties today

34. Lesson 17: Purpose Upon finishing this lesson, students will be able to: describe several important constitutional issues raised by President Lincoln's actions, including the suspension of the writ of habeas corpus and the Emancipation Proclamation explain the similarities and differences between the United States Constitution and the constitution of the Confederate States of America Explain how Civil War led to 13 th, 14 th, 15 th Amendments to evaluate, take, and defend positions on the conditions under which the writ of habeas corpus might be suspended and the constitutionality of secession

35. Lesson 18 How has the Due Process Clause of the 14 th Amendment Changed the Constitution?

36. Purpose 14 th Amendment: States shall not deprive people of life, liberty, or property without “due process of law.” Upon finishing this lesson students will be able to: Explain the historical origins of due process Differentiate between procedural and substantive due process Define concept of incorporation and its effects Evaluate, take, defend positions on historical and contemporary issues involving due process

37. Terms and concepts