American Government Unit 3: Foundations of American Government

1. American GovernmentUnit 3: Foundations of American Government III. The Constitution Part 1

2. Objectives Understand the basic outline of the Constitution Understand the six basic principles of the Constitution. Identify the four different ways by which the constitution may be formally changed. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. Understand that several amendments have been proposed, but not ratified. Identify how basic legislation has added to our understanding of the Constitution over time. Describe the ways in which the executive and judicial branches have interpreted the Constitution. Analyze the role of party practices and custom interpreting the Constitution.

3. I. Basic Principles Constitution is 220 years old – it is “the supreme law of the land” 7000 words Deals with principles – not details Divided into 7 Articles and 27 Amendments 6 basic principles

4. Popular Sovereignty All political power resides with the people Government can govern only with the consent of the governed “We the people” Representative democracy – a republic

5. Limited Government Not all powerful Can only do the things people have given it power to do. Constitutionalism – government must be conducted according to the constitutional principles Rule of law – officers and officials are subject to – not above the law.

6. Separation of Powers Basic powers of government are separated into three independent branches Executive Legislative Judicial Creates a strong national government but at the same time limits them

7. Checks and Balances Each branch is subject to a number of restraints (checks) by the other branches Each branch has certain powers with which it can check the operations of the other two. Veto – reject Override – reverse Impeach – accuse

8. Judicial Review Not originally in Constitution Marbury v. Madison 1803 Power of a court to determine the constitutionality of a government law or action. Unconstitutional – a government action or law that violates the Constitution

9. Federalism Government powers are also distributed (separated) between the Federal government and states The division of power among a central government and several regional governments

11. II. Formal Amendment Identify the four different ways by which the Constitution may be formally changed. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. Understand that several amendments have been proposed, but not ratified. Go over key amendments to the Constitution.

12. A) Formal Amendment Process Article V sets out how to change the Constitution. 2 ways to propose and 2 ways to ratify – so 4 ways to do it. Amendments – changes in its written words

13. Propose • 2/3 vote of both houses of Congress • Proposed at a national convention (Constitutional Convention) by request of 2/3 of the State Legislatures – never done • Ratify • Ratified by conventions in ¾ of the states (done once) • Ratified by ¾ of the State Legislatures

14. B) Federalism and Popular Sovereignty Amendment procedure is Federalism. It supports the will of the people.

15. C) Proposed Amendments President has no say States can vote no then vote yes later but not the reverse. 15,000 proposed amendments 33 have been sent to states 27 have been approved Usually a 7 year deadline – (27th)

16. D) The 27 Amendments Not major changes Bill or Rights – collectively the first 10 amendments First 9 about civil rights – 10th about state powers (reserved) 12th – electoral college Civil War Amendments 18th and 21st – prohibition of Alcohol 22nd – term limits 26th – 18 voting age 27th – written by James Madison – Congressional pay raises.

18. III. Change by Other Means Constitution changes by other means. Constitution is more of an outline – wanted us to fill in the gaps (framers) 1) Congressional legislation 2) Presidential actions 3) Supreme Court decisions 4) Political party activities 5) Custom and usage

19. Basic Legislation Passed laws to clarify brief Constitutional provisions Allowed Congress to establish the court system Allowed Congress to establish the executive secretaries and other agencies. “Regulate commerce” – almost anything (EPA)

20. Executive Action Made war without declaration Or used military Executive Agreement – “deal” made with other leaders – not ratified by Senate Treaty – formal agreement between two countries – must be ratified by Senate. Jefferson bought the Louisiana Purchase

21. Court Decisions Marbury v. Madison – gave power of Judicial review “a constitutional convention in continuous session” - Wilson

22. Party Practices Electoral college – body that makes the formal selection of the nation’s president. “rubber stamp” Electoral college is organized by party, so is Congress

23. Custom and Usage Cabinet – an advisory board to the President – made up of department secretaries. Presidential Succession – VP takes over in death of President. Only supposed to do so until another election could be held. John Tyler had himself sworn in as President – not acting President – 25th amendment made it permanent (1967) Senatorial courtesy – appoint judges and such knowing that the Senate will approve them. 2 term limit – permanent in 1951 after FDR.

24. Propose and Amendment Lets have a constitutional convention What amendment needs to be added to the Constitution?

25. Review How have party practices changed the way we interpret the Constitution? How did the framers feel about political parties? What are two ways in which custom has influenced government? What is precedent?