The Constitution

1. The Constitution The Constitution sets out the basic principles upon which government in the United States was built. The Constitution is a fairly brief document. The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments.

2. Articles of the Constitution

3. The Constitution – The Six Basic Principles Popular Sovereignty – asserts that the people are the source of any and all government power, and the government can exist only with the consent of the governed. Limited Government – states that government is restricted in what it may do, and each individual has rights that government cannot take away.

4. Popular Sovereignty and Limited Government

5. The Constitution – The Six Basic Principles Separation of Powers – principle in which the executive, legislative, and judicial branches are three independent and coequal branches of government. Checks and Balances – system that allows the three branches to check, or restrain, the actions of one another.

6. Separation of Powers and Checks and Balances

9. The Constitution – The Six Basic Principles Judicial Review – the power of a court to determine the constitutionality of a governmental action. Federalism – system of government in which the powers of government are divided between a central government and several local governments.

10. Judicial Review and Federalism

12. The Constitution – The Formal Amendment Process Proposed by 2/3rd Congress in each house, then ratified by 3/4th state legislatures. 26 of 27 Amendments were handled this way Proposed by 2/3rd Congress in each house, then ratified by special convention in 3/4th of the states. 21st Amendment due to popular opinion

13. The Constitution – The Formal Amendment Process Proposed by a national convention at a request of 2/3rd of the state legislatures, then ratified by 3/4th of the state legislatures. Not one Amendment handled this way Proposed at a national convention called by Congress when requested by 2/3rd of the states legislatures, then ratified by special conventions held in 3/4th of the states. The Constitution itself

15. The Constitution – The Informal Amendment Process Over time, changes have been made to the Constitution because of experiences, changes in society, and other developments - - -The Unwritten Constitution. Basic Legislation – Congress pass laws that spell out the brief provisions of the Constitution. Growth of the Courts and other branches Presidential succession Define words that are broad like foreign and interstate commerce

16. The Constitution – The Informal Amendment Process Executive Action – President uses powers to explain or define unclear Constitutional provisions. Commander in Chief vs. Declaration of War Executive Agreements vs. Treaties Court Decisions – Interpret and apply the Constitution as they see fit. Marbury v. Madison – Constitutional Convention is in continuous session

17. The Constitution – The Informal Amendment Process Party Practices – major source of informal amendments Political Parties Political conventions Party lines – partisanship Electoral College – “Rubber Stamp” Government through party

18. The Constitution – The Informal Amendment Process Custom – Traditions that developed outside the provisions of the Constitution. Cabinet Succession in office – 25th Amendment Senatorial Courtesy Term Limits – 22nd Amendment

19. The Constitution – The Amendments Federalism & Popular Sovereignty – National and State governments come together Actions represent the will of the people The Critics – Ratification should be completed via convention as opposed to State legislatures States cannot require a vote of the people before ratification but it can call for an advisory vote (Supreme Court)

20. The Constitution – The Amendments Proposed Amendments – One restriction – No deprivation of equal suffrage in the Senate Proposed amendments are not sent to the President A State may reject an amendment and reconsider at a later date** Congress can set a “reasonable time limit” on ratification and grant extensions 15,000 resolution calling for amendments - - 33 have been sent to the States - - 27 were ratified Unratified amendments include issues such as slavery, child labor, and the ERA (1972/1982)

21. The Constitution – The Amendments Bill of Rights – 1st Ten Amendments Later Amendments – Added as a result of some particular circumstance and/or historical events 12th Amendment – Election of 1800 13th 14th & 15th Amendments – Civil War/Reconstruction 16th & 17th Amendment– Progressive Era 18th & 21st Amendment – Prohibition 22nd Amendment – FDR & term limits 26th Amendment – Voting Age & Vietnam