the constitution supreme law of the land fairly brief document-about 7000 words 3 basic parts...
TRANSCRIPT
The ConstitutionSupreme Law of the Land
Fairly brief document-about 7000 words3 basic parts
Introduction-Preamble-last part written7 numbered articles
27 amendmentssurvives because of built in provisions for
accommodating change
Preamble
• Sets forth 4 elements that form the foundation of the American political tradition
• it creates a people (We, the people)• it explains the reason for the Constitution (in
order to form a more perfect union)• it articulates goals (establish justice, insure
domestic tranquility, etc)• it fashions a government (do ordain & establish
this Constitution)
Articles I-III 3 different branches
• Article I-Legislative Branch (Congress)
• Article II-Executive Branch (President)
• Article III-Judicial Branch (Courts)
Article IV
• the States & their relationship to the National government
Article V
• how to amend but no amendment may deprive a state of equal representation in the Senate
Article VI
• supreme law of the land
Article VII
• requirements for ratification
6 basic principles
popular sovereignty rule by the people limited government only power given
by the people separation of powers among the 3
branches checks & balances of each other judicial review by the courts federalism division of power
between national & state governments
Formal Amendments
Proposal amendment may be proposed by a 2/3 vote
in both the House & the Senate or by a national convention summoned by
Congress at the request of 2/3 (34) of the state legislatures
All amendments have been proposed by the 1st method.
Formal Amendments
Ratification can be ratified by the legislatures of ¾ (38) of
the states or by a vote of constitutional conventions held
in ¾ of the states Congress chooses the method of ratification;
has used the convention method only once (21st amendment to repeal the 18th amendment)
Amendments
Amendments are not sent to the president. Example of the principle of federalism-proposal by the national government and ratification by the states
The Framers purposely made it difficult to propose & ratify amendments-they wanted only the most significant issues to lead to constitutional change-requires extraordinary majorities.
Informal Amendment
Informal amendments are changes in the Constitution that are made without any change in its written words-this is the most common way to change the Constitution
Basic legislation by Congress
-departments & offices of the Executive branch
-regulation of foreign & interstate commerce -Judicial Act of 1789-set up the lower courts
Actions of the president
-War by president without declaration by Congress
-Executive agreements with heads of foreign states-this is not expressly stated in the Constitution
• Key decisions of the Supreme Court
activities of political parties
• -never mentioned in the Constitution
• -electoral college acting as a “rubber stamp” for the popular vote
Custom
-the 15 executive departments of the Cabinet; informal process of the President
-Senatorial courtesy-Senate will only approve appointees that are acceptable to the Senator(s) of the state involved (i.e. federal judges, US marshal)