The Living Constitution

1. The Living Constitution

2. Chapter Overview • The Constitution of the United States grants and limits powers. • The framers established a government by ordinary people. • They did not anticipate Americans would be so virtuous and civic-minded that they could be trusted to operate a government without checks and balances. • The framers were suspicious of people, especially of those having political power, so they separated and distributed the powers of the newly created national government in a variety of ways.

3. Chapter Overview • The framers were concerned with creating a national government strong enough to solve national problems. • They gave the national government substantial grants of power, but these grants were made with such broad strokes that it has been possible for the constitutional system to remain flexible and adapt to changing conditions.

4. Chapter Overview • Judicial review is the power of the courts to strike down acts of Congress, the executive branch, and the states as unconstitutional. It is one of the unique features of the U. S. constitutional system. Although the American governmental system has its roots in British traditions, our separation of and checks-and-balances systems differ sharply from the British system of concentrated power. It is also different because our courts have this power of judicial review.

5. Origins of Judicial Review Whether the delegates to the Constitutional Convention of 1787 intended to give the courts the power of judicial review is a long debated question

6. Marbury versus Madison • John Marshall sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801 • Jefferson refuses to deliver other commissions • Marbury v. Madison • Constitution is the supreme and binding law

7. Chapter Overview • The constitutional system has been modified over time, adapting to new conditions through • congressional elaboration • presidential practices • customs and usages, and • judicial interpretation

8. Chapter Overview • Although adaptable, the Constitution itself needs to be periodically altered, and Article V provides a procedure for its own amendment. • An amendment must be both proposed and ratified: • Proposed by either a two-thirds vote in each chamber of Congress or by a national convention called by Congress on petition of the legislatures in two-thirds of the states; • Ratified either by the legislatures in three-fourths of the states or by specially called ratifying conventions in three-fourths of the states.

9. Chapter Overview • The Constitution has been formally amended 27 times. The usual method has been proposal by a two-thirds vote in both houses of Congress and ratification by the legislatures in three-fourths of the states.

10. Assessment The branch of government most likely to have dominated the framers’ opinion was the • bureaucracy • executive • judicial • legislative

11. Law that is higher than human law is referred to as • statutory law • universal law • natural law • constitutional law

12. With one exception, ratification of constitutional amendments has been by action of • the president • state legislatures • state conventions • the Supreme Court

13. Initiating a constitutional amendment requires a ______ vote by both houses of Congress. • two - thirds • three - fourths • majority • unanimous

14. The framers devised a system of shared power that is described by the term • congressional elaboration • political compromise • separation of powers • checks and balances

15. The constitutional arrangement that limits the power of American officials is known as • separation of power • prohibition of authority • implied powers • sharing of powers

16. The allocation of constitutional authority among three branches of the national government is known as • separation of power • prohibition of authority • implied powers • sharing of powers

17. As an example of checks and balances, members of the judicial branch of government are • nominated by the president and confirmed by the supreme court. • nominated by the president and confirmed by the House of Representative. • nominated by the president and confirmed by the Senate. • elected directly by the people.

18. Regarding checks and balances, which of the following statements is correct? • The Senate and the House of Representatives have an absolute veto over each other in the enactment of laws, because both houses must approve bills.  • The Supreme Court by a 3/4ths vote can override the veto of a president.  • The president has the absolute authority to appoint and confirm federal judges.

19. The major tool of the courts in checking the power of other government branches has been • impeachment • habeas corpus • judicial review • common law

20. As originally drafted, the Constitution was expected to • cover all foreseeable situations. • be a legal code, combining the framework of government and specific laws. • be a general framework of government. • be a philosophical statement of the relationships among individuals.

21. The Constitution of the U.S. has been altered without formal amendment by all but one of the following methods: • congressional elaboration • presidential practice • custom and usage • interposition by states

22. In the U.S. the ultimate keeper of the constitutional conscience is the • president • Congress • Supreme Court • politicians

23. The court case that established the practice of judicial review was • Marbury v. Madison • McCulloch v. Maryland • Lochner v. New York • Printz v. United States

24. Compared to many state constitutions, the national constitution is more • specific • complicated • flexible • recent

25. The Bill of Rights refers to the first ____ amendments to the U.S. Constitution. • two • ten • seven • twelve

26. In order to solve the conflict between desiring a stronger national government and avoiding central control, the framers established a system of _____________.  • Nationalism  • Federalism  • Confederation • Unitarianism

27. A referendum is: • a method by which voters can reconsider actions of the legislature.  • a method by which citizens can propose and vote on laws.  • an election in which voters elect nominees for office. • a popular vote to remove officials from office before the end of their term.

28. Which of the following statements is incorrect regarding judicial review?  • The framers intended that the Supreme Court have the power to declare state legislation unconstitutional. • The Constitution clearly states who should have the final word in disputes that might arise over its meaning.  • The framers believed that the power of judicial review could be inferred from certain general provisions of the Constitution.

29. How does our nation have a constitutional government when the Constitution is constantly being changed by interpretation and changed by informal methods? • The Constitution clearly authorizes interpretation and change by informal methods.  • It was only intended to be an instrument of government.  • It is an expression of basic personal liberties and an instrument of government.