Section 1 :

The Six Basic Principles• Objectives

– Examine the six basic principles upon which the U.S. Constitution is built.

– Analyze the operation of the system of checks and balances.

– Explain how the principle of federalism came to be embodied in the Constitution.

Introduction

• The Constitution of the United States is this nation’s fundamental law – “supreme law of the land”

• Preamble and VII ArticlesArticle I – Legislative BranchArticle II – Executive BranchArticle III – Judicial Branch

• Does not go into great detail about how the Government should be run – 7,000 words

• Built on six principles

The Six Basic Principles:

• Popular Sovereignty,

• Limited Government,

• Separation of Powers,

• Checks and Balances,

• Judicial Review,

• Federalism

Popular Sovereignty 

• That people are the only source of governmental power.

• Government can only govern with the consent of the governed.

Limited Government

• Government is NOT all powerful, it may do ONLY those things that people have given it the power to do.

• Constitutionalism – the government must be conducted according to constitutional principles

• Rule of Law – government and its officers are always subject to, never above, the law.

Separation of Powers 

• Congress is the law making branch of the national government

• President is given the law-executing, law enforcing, law administrating powers of the national government

• Federal Courts & US Supreme Court – interpret and apply the laws of the United States in cases brought before them.

Separation of Powers 

Checks and Balances• Creating three branches of government

delegates built a "check and balance" system into the Constitution

• No one branch of our government could become too powerful

• Each branch is restrained by the other two in several ways

Checks and Balances• Congress

– Checks on the Judiciary– Creates the lower courts, may remove judges

through impeachment; Senate approves or rejects appointment of judges.

• The PresidentChecks on Congress

– May veto legislation, call special sessions, recommend legislation, appeal to the people

– Checks on the Judiciary– Appoints Supreme Court justices and other federal

judges.

Checks and Balances

• Judiciary BranchChecks on Congress– May declare acts of Congress to be

unconstitutional

Checks on President– Judges are appointed for life, are free from

executive control; courts may declare executive actions to be unconstitutional.

Checks and Balances• Each branch of the government have particular powers

– Each branch has certain powers over the other branches

– Done to keep them balanced and to prevent one branch form ever gaining too much power

– Examples

• Congress may pass laws........but the President can veto them.

• The President can veto laws.......but Congress can override the veto with a 2/3 vote.

• The President and Congress may agree on a law..........but the Supreme Court can declare a law unconstitutional.

• The President can appoint Judges and other government officials.......but Senate must approve them.

• Supreme Court judges have life terms.......but they can be impeached .

In this game of having the last word your goal is to put people in their

place by letting them know that you ultimately have the most power as

evidenced by their inability to refute (correctly) within the time frame.

-You will work as a team to fight to have the last word.

- A point is awarded when neither of your opponents can respond quickly.

Declares War

Booth BarryPaolucci

1. What principle(s) is this cartoon referencing?2. How does this cartoon demonstrate “independent but coequal?”3. What is the cartoonist’s intent?

Judicial Review• Judicial Review – the power of the US

Supreme Court to decide acts of the President or Congress unconstitutional

• Unconstitutional – to declare illegal, null an void, of no force and effect.

• Principle of Judicial review was established in the case of Marbury v. Madison

Federalism

• Federalism – the division of power among a central government and several regional governments

• Powers are distributed on a territorial basis

• National and State powers are established in the Constitution

Do Now!!!• The Major League Baseball

owners are considering moving the pitchers mound back 5 feet. Describe what you think the formal process would be that would precede (happen before) such a major change.

Section 2 :

Formally Amending the Constitution• Objectives 

– Determine how the Constitution has been able to endure more than 200 years of extraordinary change and growth in this country.

– Examine the Bill of Rights and the reason it was added to the Constitution.

– Explain the processes by which formal changes can be made in the Constitution.

Formal Amendment Process

• Amendments – changes the Constitutions written words

• Article V – Four methods of formal amendment process– You will have to know the first two methods only

• 27 Amendments to the Constitution

Formal Amendment Process 

• Method 1– 26 of the 27 amendments have passed in this

manner – Proposed by Congress by a 2/3 vote in both

houses.– Ratified by the State Legislature in 3⁄4 of the States

• Method 2– Only 21st Amendment followed this process– Proposed by a 2/3 vote of both houses– Ratified by Conventions held in 3⁄4 of the States

Amendments 1 - 10

• Proposed in 1789

• Constitutional Amendments 1-10 make up what is known as The Bill of Rights.

• Lists individual liberties and individual rights

• Constitution would not be ratified until the Bill of Rights was added,at the request of states

Amendments

• Amendment XI(11) – Protects the states from lawsuits in federal

courts by citizens of another state or foreign nation

• Amendment XII(12)• Changes to the Electoral College

• Separate ballots for Pres. And V.P.

Civil War Amendments

• Amendment XIII (13)– Slavery and Involuntary Servitude

– Prohibition of Slavery

• Amendment XIV (14)– Rights of Citizens, Due Process, Equal Protection

• Amendment XV (15)– Right to Vote – Regardless of Race, Color, Servitude

Amendments

• Amendment XVI (16)

• Federal Income Tax

• Amendment XVII(17)

• Popular Election of US Senators, previously they were elected by the state legislatures

• Amendment XVIII(18)

• Prohibition

Amendments• Amendment XIX(19)

– Equal Suffrage– Women’s Right to Vote

• Amendment XX (20)- Lame Ducks: Moved inauguration dates from March to

January

• Amendment XXI(21)– Repeal of the 18th Amendment

• Amendment XXII(22)– Presidential Tenure, two terms or ten years– FDR

Amendments

• Amendment XXIII(23)– Electoral Votes for the District of Columbia

(D.C.)

• Amendment XXIV(24)– Banning the Poll Tax– The practice of poll taxes were used to

discriminate poor whites and minorities

• Amendment XXV(25)– Presidential Succession, Vice Presidential Vacancy,

Presidential Disability

– JFK

• Amendment XXVI(26)– 18 year old Right to Vote (was 21)

– Vietnam

– Took the least amount of time to pass – 3months

• Amendment XXVII(27)– Congressional Pay

– First proposed in 1789, took over 202 years to pass

– Passed in 1992

Section 3Informal Amendment

• Objectives 

– Examine the reasons why the informal amendment process is the real key to two centuries of constitutional development.

– Determine the several means of informal change to the Constitution.

Introduction

• Informal Amendment – the process by which many changes have been made in the Constitution that have not led to changes in the document’s written words.

• 5 basic ways it takes place– The passage of basic legislation by Congress– Actions taken by the President– Decisions of the Supreme Court– The activities of political parties– Custom

Basic Legislation

• Congress as a agent of the informal amendment process– Passed laws to spell out several of the

Constitution’s brief provisions (parts left vague)• Judiciary Act of 1789

– Added to the Constitution by the way in which it has used many of its powers (more meat on the bones)

• Congress has the power to regulate “interstate commerce”

Executive Action• Ways the Presidents have used their power

has produced informal amendments• Only Congress can declare war – President

is Commander in Chief – make war without a declaration of war– Korean Conflict– Vietnam Police Action

• Executive Agreement – a pact made by the President directly with the head of a foreign state – Does not need Senate Approval

Court Decisions 

• Interpret and apply the Constitution in cases brought before the court

• Constitutional interpretations – depends on the justices

• Plessy v. Ferguson/Brown v. Bd. Of Ed

Political Party Practices• No mention of political parties in the

Constitution• No law providing for the nomination

of the President• George Washington was against

Political Parties• Turned the Electoral College into a

rubber stamp for the popular vote

Custom

• President’s Cabinet is set in custom

• No Presidential succession until 1967 – 25th Amendment

• “no third term” tradition – closely followed for 150 years – FDR broke this custom – add the 22nd Amendment in 1951

Constitutional Principles Assignment

Part 1: Consider one of the five informal procedures for changing the Constitution and identify how it has altered the separation of powers as originally laid out by the Constitution. Write a short summary (1/2-1pg) supporting or opposing the change including an example.

Part 2: Tomorrow we will consider 2 or 3 topics and have an in class debate.