BASIC PRINCIPLES OF THE CONSTITUTION

1. BASIC PRINCIPLES OF THE CONSTITUTION

2. Popular Sovereignty • All political power resides in the hands of the people • The people are the only source for any and all governmental power • Government can govern only with the consent of the governed. • The people have given the government whatever powers it has, through the Constitution. • The government exercises those powers through popularly elected officials.

3. Limited Government • No government is all- powerful, government may do only those things that the people have given it the power to do. • Government only has the authority that the people have given it. • Government must obey the law (constitutionalism) • Government must be conducted according to constitutional principles. • Rule of law government and its officers are always subject to and never above the law.

4. Separation of Powers • The basic powers of government distributed-separated-among three distinct and independent branches of government. • Legislative • Executive • Judicial • This separation of powers is clearly set forth in the Constitution in Articles I, II, III. • Framers intended to create a stronger central government yet they also intended to limit the powers of the government • James Madison talked of power in the hands of the same group would be tyranny (Federalist 47)

5. Checks and Balances • The three branches of government are not entirely separated nor completely independent from each other. They are tied together be a complex system of checks and balances. • Each branch is subject to a number of constitutional restraints by the other branches. • Each branch has certain powers with which it can check the operations of the other two. • Head-on clashes between the branches of government do not often happen Why? • Spectacular clashes do sometimes happen but these and other direct confrontations are not common. (example impeachment) • This system make compromise necessary • Partisan politics • Divided government

6. Judicial Review • The power of the federal courts to determine the constitutionality of acts of the President, Congress, and the states. • This is the power of the federal courts to declare unconstitutional a government action found to violate some provision in the constitution. • The Constitution does not provide for judicial review in so many words. Yet it seems clear that the framers intended that the federal courts (Supreme Court) should have this power. • Federalist 78, 51 Hamilton Madison • The Supreme Court established the power of judicial review in the case Marbuy v Madison

7. Federalism • Governmental power is divided between the federal (national) government and the State governments.

8. Formal Amendment process • Two ways to Propose • 1. By a 2/3 vote in both houses of Congress • 2. By a national convention called by Congress when requested by 2/3 of the states legislatures • Two ways to Ratify • 1. By ¾ of the states legislatures • 2. By conventions in ¾ of the states • The only constitutional restriction on amendments Article V says no state, without its consent, shall be deprived of its equal suffrage in the Senate.

9. Informal Amendment • Over time, many interpretations have been made in the Constitution that have not involved any changes in the written word. This process of informal constitutional change have taken place in 5 ways. • 1. Executive Action • President uses his powers in the growth of the constitution • 1. Commander in Chief (undeclared wars) • 2. Executive agreements • Pact made by the president directly with the head of a foreign state. Has the same force of law as a treaty but does not need Senate approval. • 3. Executive Power (Article II section 1 ) Executive orders

10. 2. Basic Legislation • Congress has been a major agent of constitutional change in two important ways. • 1. pass laws to clarify many of the constitutions’ brief provisions. • Example the federal courts (article III Section I One Supreme Court and such inferior Courts as the Congress may from time to time ordain and establish) Judiciary Act of 1789 • Article II creates only the office of the President and Vice President. All the departments, agencies that make up the executive branch have been created by Congress. • 2. Congress has added to the Constitution by the way it has used many of its powers • Commerce power what exactly does Congress have the right to regulate?

11. 3. Court Decisions • The Supreme Court, interpret and apply the Constitution in many cases they hear. • Established the power of judicial review (Marbury v Madison) • Brown v Board • Heart of Atlanta • Roe v Wade • 4. Party Practices • Political parties have been a major agent of constitutional change • Nomination of candidates • Electoral College • Government through party (Congress organized and conducts business)

12. 5. Custom • Unwritten custom are as strong as written law. • Cabinet is not in the constitution (15 executive department heads) • Senatorial courtesy • Senate will only approve those presidential appointees,(judge) who are acceptable to the Senator of the President’s party from the state involved. • Two term limit of the President was a custom until the 22nd Amendment was added in 1951