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AP GOVERNMENT. Unit 1 Chapter 2 Constitutional Foundations. 2. Learning Objectives. Describe the basic structure of the Constitution and its Bill of Rights. 2.1. Analyze how the Constitution grants, limits, separates, and balances governmental power. 2.2. 2. Learning Objectives.

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ap government

AP GOVERNMENT

Unit 1

Chapter 2

Constitutional Foundations

slide2

2

Learning Objectives

Describe the basic structure of the Constitution and its Bill of Rights

2.1

Analyze how the Constitution grants, limits, separates, and balances governmental power

2.2

slide3

2

Learning Objectives

Explain how the use of judicial review strengthens the courts in a separation of powers system

2.3

Assess how the Constitution has evolved through changes in the informal, unwritten Constitution

2.4

slide4

2

Learning Objectives

Describe the processes by which formal changes to the Constitution can be made

2.5

8.2

slide5

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Magleby_Ch02_Constitutional_Foundations_Seg1_v2.htmlhttp://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Magleby_Ch02_Constitutional_Foundations_Seg1_v2.html

t he basic structure of the constitution and its bill of rights

2.1

The basic structure of the Constitution and its Bill of Rights
  • Article I: establishes a bicameral Congress (House & Senate) and empowers it to enact legislation (make laws).
  • Article II: vests the executive power in the president (enforce laws).
  • Article III: vests the judicial power in the Supreme Court and other federal courts (interpret laws).
t he basic structure of the constitution and its bill of rights cont

2.1

The basic structure of the Constitution and its Bill of Rights (cont.)
  • Article IV: guarantees some privileges & immunities of citizens, and specifies the conditions for admitting new states.
  • Article V: provides for the methods of amending the Constitution.
  • Article VI: specifies that the Constitution & all laws made under it are the supreme law of the land.
t he basic structure of the constitution and its bill of rights cont1

2.1

The basic structure of the Constitution and its Bill of Rights (cont.)
  • Article VII: provides that the Constitution had to be ratified by 9 of the 13 states.
  • Bill of Rights: guarantees to protect the citizens’ rights and the states’ rights from the federal government.
  • 17 additional amendments:
views of the constitution

2.1

Views of the Constitution
  • Constitution has lasted
      • Flexible, adaptable
  • It has general support (reverence) from the citizenry.
  • It is the supreme and binding law that bothgrants and limits power.
  • It enables those who govern to control the governed, but it also enables the governed to check those who govern.
h ow the constitution grants limits separates and balances governmental power

2.2

How the Constitution grants, limits, separates, and balances governmental power
  • Federalist 51 (James Madison)

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

slide11

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Constitution_v2.htmlhttp://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Constitution_v2.html

h ow the constitution grants limits separates and balances governmental power1

2.2

How the Constitution grants, limits, separates, and balances governmental power
  • Objective of the new Constitution:

a. Create a stronger federal government, but with limited power.

  • How?

a. Create within the government, competing interests that would check each other.

b. Create externally, a system that allows the governed to check the government through elections, petitions, protests, etc.

h ow the constitution grants limits separates and balances governmental power cont

2.2

How the Constitution grants, limits, separates, and balances governmental power (cont.)

The Constitution not only protects us fromthe tyranny of government, but also protects us from the tyranny of the majority. HOW?

  • Separation of Powers- distributing authority among three branches of the national government.

(Separation of powers protects us from an autocracy and popular tyranny.)

how the constitution grants limits separates and balances governmental power cont

2.2

How the Constitution grants, limits, separates, and balances governmental power (cont.)
  • Checks & Balances- each branch plays a role in the actions of the other branches by having some authority over them through their ability to check them.
    • Political authority is also tiered and elected separately to maintain political independence: House – elected by local constituents. Senate – elected by state constituents. President – elected by national constituents.
    • Framers ensured that there was a balance between bringing about necessary change and maintaining stability in the government: House – every 2 years President – every 4 years Senate - every 6 years (1/3 elected every two yrs)

(Checks & Balances create friction among branches to bring about gradual change, and protect us from an autocracy and popular tyranny.)

how the constitution grants limits separates and balances governmental power cont1

2.2

How the Constitution grants, limits, separates, and balances governmental power (cont.)
  • National Political Parties and Interest Groups
  • Political Parties are strong unifying forces to help get things done, but can also prevent things from getting done. They are often assisted by special interest groups.
  • Divided government - one party controls Congress, and the other party controls presidency.
  • Unified government- one party controls legislature and presidency
  • Divided government – more likely to bring about more representative legislation and greater accountability than unified government.

(Political parties and special interest groups protect us from an autocracy and popular tyranny.)

video in the real world
Video: In the Real World

2.3

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_Constitution_v2.html

how the constitution grants limits separates and balances governmental power cont2

2.2

How the Constitution grants, limits, separates, and balances governmental power (cont.)
  • Expansion of the Electorate and the Move Toward More Direct Democracy
  • Electoral College – electoral voters cast their vote for their party’s candidate (represent the will of the people of their state).
  • Franchise expanded – will of the people is more representative today because electorate has expanded. It is also more direct through initiatives, recalls, referendums, and direct primaries.
  • Seventeenth Amendment
      • Senators popularly elected

(Expanding the electorate protects us from an autocracy and popular tyranny.)

how the constitution grants limits separates and balances governmental power cont3

2.2

How the Constitution grants, limits, separates, and balances governmental power (cont.)
  • Changes in Technology
  • Televised government
  • 24-hour news
  • Increased power of interest groups

(Allows us to monitor and stay informed about what the government is doing, or attempting to do – media is assisted by political parties and special interest groups who can reach millions in seconds to pressure politicians)

  • Popular appeals from president (Allows president greater access to the electorate to further strengthen his/her hand against majority opinion.)
how the constitution grants limits separates and balances governmental power cont4

2.2

How the Constitution grants, limits, separates, and balances governmental power (cont.)
  • Growth of Presidential Power
  • Global problems create crises for U.S.
  • Sources of presidential power
      • Constitutional
      • Political
      • Emergency

(Has often resulted in the president’s use of executive orders to bypass system of checks and balances).

***NOT SURE HOW THE PEOPLE ARE PROTECTED FROM THIS USE OF POWER!

how the use of judicial review strengthens the courts in a separation of powers system

2.3

How the use of Judicial Review strengthens the courts in a separation of powers system
  • Judicial Review and the “Guardians of the Constitution”
  • Origins of Judicial Review
  • Who decides disputes over the meaning of the Constitution?
      • Federalists -> Supreme Court
      • Anti-Federalists -> state legislatures
how the use of judicial review strengthens the courts in a separation of powers system1

2.3

How the use of Judicial Review strengthens the courts in a separation of powers system

2.3

  • Marburyv.Madison, 1803
  • What happened on the eve of Federalist John Adams leaving the white House and Republican Thomas Jefferson entering it?
  • What happened the following day when Jefferson took office?
  • What is a writ of mandamus, who was seeking one, and why?
  • What dilemma did Chief Justice of the Supreme Court John Marshall face?
  • How was the dilemma resolved by Marshall?
  • What precedent was ultimately set?
how the constitution has evolved through informal changes

2.4

How the Constitution has evolved through informal changes
  • Congressional Elaboration-
  • Legislation using “necessary and proper” clause - (Judiciary Act of 1789)
  • Impeachment
  • Commerce clause

2. Presidential Practices-

  • Power and authority have increased
  • Executive orders
  • Executive privilege
  • Impoundment
  • Judicial Interpretation-
  • Marbury v. Madison, 1803 - (establishes judicial review)
  • Originalist approach
  • Adaptive approach
the processes by which formal changes to the constitution can be made

2.5

The processes by which formal changes to the Constitution can be made
  • Proposing Amendments
      • Two-thirds vote of both houses
      • 27 out of 31 ratified
  • Ratifying Amendments (Two methods of Ratification)
      • Approval by the legislatures in three-fourths of the states
      • Used for all but 21st Amendment
      • Approval by special ratifying conventions in three-fourths of the states
      • 7-year time limit
  • Ratification Politics
  • Constitution difficult to amendment
  • Fierce political battles
  • ERA provides example