Unit 2 The Constitution and Federalism

Unit 2 Notes

Unit 2 The Constitution and Federalism

I. The Six Basic Principles

The Constitution is the United States fundamental law and the supreme Law of the Land the highest form of law in the United States.

A. An Outline of the Constitution

The Constitution sets out the basic principles upon which government in the US was built and operates today.

What about the size/length of the Constitution?

Constitution is broken into (3) parts: the Preamble, 7 numbered sections called Articles, and the 27 Amendments to the Constitution

First (3) deal with organization and powers of branches of government

Article IV deals with relationship between states and federal government

Article V

Article VI

Article VII

B. The Basic Principles

1. Popular Sovereignty

In the US, all political power resides in the people and is the only source for any and all governmental power.

Where does the National Government get its power?

2. Limited Government

No government is all-powerful and that a government may do only those things that the people have given it the power to do.

DEFINE constitutionalism

Rule of law means that the government and its officers are always subject to never above the law.

3. Separation of Powers

Legislative, executive and judicial powers are distributed (separated) among 3 distinct and independent branches of the government.

In the US Constitution; Legislative = Congress, Executive = President; Judicial = Supreme and Federal Courts

What was the Framers purpose in doing this?

4. Checks and Balances

The (3) branches of Federal government are tied together by a system of checks and balances What does this mean?

There are many features of this system (page 68):

Congress passes laws but President can veto (reject) Congress can override veto by 2/3 vote in both houses.

President appoints judges and executive officials Congress must confirm those appointments

Supreme Court may rule a law or Presidential action unconstitutional

What is divided government and it impact on the government?

5. Judicial Review

Power of the courts to determine whether what government does is in accord with what the Constitution provides.

Big part of this power is to declare government actions unconstitutional What does this mean?

Although the Constitution does not specifically state this power, how was Judicial Review established?

6. Federalism

The division of power among a central government and several regional governments (US = Federal and State governments)

Why did the Framers set up a federal government?

II. Formal Amendment

The US Constitution has been in force for over 200 years, making it the oldest written constitution in the world.

The US, however, is not the same country as it was in 1789 EXPLAIN

A. Formal Amendment Process

Amendment = changes in written words

Article V of the Constitution allows for (4) possible methods of formal amendment (changes or additions that become part of the Constitution)

1. First Method

Proposed by 2/3 of both houses of Congress and ratified by 3/ 4 (38 state legislatures) - 26 of 27 Amendments used this method.

2. Second Method

Proposed by Congress and ratified by 3/ 4 of state conventions called for that specific purpose.

Which amendment used this method and why?

3. Third Method never used

Proposed by National Convention and ratified by 3/ 4 of state legislatures.

4. Fourth Method never used

DESCRIBE

Federalism and Popular Sovereignty role in Amendment process

Federalism = proposed at national level, ratified at state

Popular Sovereignty = amendment is an expression of peoples will

What is the argument against letting the people directly vote on the amendment at the state level?

Proposed Amendments

More than 10,000 joint resolutions calling for Amendments to the Constitution have been proposed in Congress since 1789

Only 33 have been sent to states = 27 ratified

IDENTIFY resolutions that have failed

B. The 27 Amendments

1. The Bill of Rights

The first 10 Amendments to the Constitution are known as the Bill of Rights proposed in the 1st session of Congress in 1789.

Why were they proposed so quickly?

These amendments set out the great constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of fair and equal treatment before the law.

2. The Later Amendments

Amendments 11-27 grew out of some particular and interesting set of circumstances:

12th Amendment =

13-15 Civil War Amendments =

18th Amendment =

26th Amendment =

III. Constitutional Change by Other Means

Over time, many changes have been made in the Constitution which have not involved any changes in its written words - there are (5) ways to do this:

1. Basic Legislation

Congress has been a major agent of constitutional change in two important ways:

i. passed laws to spell out some of the Constitutions brief provisions examples:

Judiciary Act of 1789

Presidential Succession

ii. Congress has added to the Constitution by the way it has used many of its powers

Power to regulate foreign and interstate commerce

2. Executive Action

The manner in which various Presidents have used their powers has also contributed to the growth of the Constitution.

DISCUSS the power to declare war

Executive Agreements = pact made by the President directly with the head of a Foreign government.

DEFINE treaty =

Presidents have recently used executive agreements more often: Why?

3. Court Decisions

The nations courts interpret and apply the Constitution in many cases they hear.

4. Party Practices

No mention of political parties in the Constitution; yet they have been a major source of constitutional change.

Most Framers were opposed to political parties, but they have shaped the way are government operates. Examples:

Neither the Constitution nor law provided for the nomination of a candidate for president parties have done this since the 1830s

DEFINE electoral college

What role do parties play in Congress?

The President makes appointments with an eye on party politics.

5. Custom

Unwritten custom may be as strong as written law, and many customs have developed in our governmental system. Examples:

The Cabinet (an advisory body to the President) is made up of the heads of the 15 executive departments

Custom established the precedent that the vice-president became president when there was a death in the office

What ended this custom?

DEFINE senatorial courtesy

Presidents only serve (2) was started by Washington and was followed for over 150 years until FDR won election 4 times.

This unwritten custom became law how?

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