2 Constitutional Foundations

IA_1/polisci/presidency/Magleby_Ch02_Constitutional_Fou ndations_Seg1_v2.html Video: The Big Picture 2

Learning Objectives Describe the basic structure of the Constitution and its Bill of Rights Analyze how the Constitution grants, limits, separates, and balances governmental power

Explain how the use of judicial review strengthens the courts in a separation of powers system Assess how the Constitution has evolved through changes in the informal, unwritten Constitution 2 Learning Objectives

8.2 Describe the processes by which formal changes to the Constitution can be made 2 Learning Objectives 2.5

IA_1/polisci/presidency/Seg2_Constitution_v2.html Video: The Basics 2

Views of the Constitution  Constitution has lasted Flexible, adaptable  Natural law  Symbolic value, revered  Most Americans ignorant of what is actually inside 2.1

National Archives 2.1

James Madison 2.1

2.1 Why has the Constitution endured? 2.1 a.It is flexible and adaptable. b.It gives the government so much power, the people can’t change it. c.It is against the law to change it. d.It is too difficult to write a new one.

a.It is flexible and adaptable. b.It gives the government so much power, the people can’t change it. c.It is against the law to change it. d.It is too difficult to write a new one Why has the Constitution endured?

Explore the Simulation: You Are a Founder _1/2013_mpsl_sim/simulation.html?simulaURL=2 2.1

Checking Power with Power  Separation of Powers  Checks and Balances: Ambition to Counteract Ambition  National Political Parties and Interest Groups  Expansion of the Electorate and the Move Toward More Direct Democracy  Changes in Technology  Growth of Presidential Pow er 2.2

Separation of Powers  Tyranny of the majority Prevention was Framers’ goal  Intrinsic value of dispersion of power John Locke, Baron Montesquieu  Colonial government Trial and error with concentration of power 2.2

Checks and Balances: Ambition to Counteract Ambition  Prevent separated powers from pooling authority Avoid autocracy  Each branch politically independent Elected separately 2.2

TABLE 2.1: Exercise of checks and balances,

FIGURE 2.1: Separation of powers and checks and balances 2.2

National Political Parties and Interest Groups  Partisanship  Divided government One party controls Congress Other party controls presidency  Unified government One party controls legislature and presidency 2.2

Expansion of the Electorate and the Move Toward More Direct Democracy  Electoral College  Franchise expanded  Seventeenth Amendment Senators popularly elected 2.2

Changes in Technology  Televised government  24-hour news Public opinion polls  Popular appeals from president  Increased power of interest groups 2.2

Changing Demographics 2.2

Money in Elections

Growth of Presidential Power  Global problems create crises for U.S.  Sources of presidential power Constitutional Political Emergency 2.2

2.2 Which of these was separation of powers instituted to prevent? a.Oligarchy b.Tyranny c.Monarchy d.Federalism 2.2

a.Oligarchy b.Tyranny c.Monarchy d.Federalism 2.2 Which of these was separation of powers instituted to prevent?

Explore the Constitution: How Do You Measure Freedom? p_25/pex/pex2.html 2.2

Judicial Review and the “Guardians of the Constitution”  Origins of Judicial Review  Marbury v. Madison 2.3

Origins of Judicial Review  Who decides disputes over the meaning of the Constitution? Federalists -> Supreme Court Anti-Federalists -> state legislatures  Jeffersonian Republicans 2.3

Marbury v. Madison  Justices of the peace appointed Commissions undelivered  Writ of mandamus  Dilemma for the Court  Marshall gives Court power of judicial review 2.3

Chief Justice John Marshall 2.3

Handgun Restrictions

2.3 What power was granted to the Court by the decision in the case Marbury v. Madison? 2.3 a.Issuance of writs of mandamus b.Judicial review c.Issuance of ex post facto laws d.Madisonian oversight

a.Issuance of writs of mandamus b.Judicial review c.Issuance of ex post facto laws d.Madisonian oversight What power was granted to the Court by the decision in the case Marbury v. Madison?

Video: In the Real World IA_1/polisci/presidency/Seg5_Constitution_v2.html 2.3

Informal Change: The Unwritten Constitution  Congressional Elaboration  Presidential Practices  Judicial Interpretation 2.4

Congressional Elaboration  Legislation using “necessary and proper” clause Judiciary Act of 1789  Impeachment Used twice  Commerce clause 2.4

Presidential Practices  Power and authority have increased  Executive orders  Executive privilege  Impoundment 2.4

Judicial Interpretation  Marbury v. Madison (1803) Establishes judicial review So important it’s worth mentioning again  Originalist approach  Adaptive approach 2.4

a.Executive privilege b.Impoundment c.Legislative interpretation d.Executive orders 2.4 Directives issued by the president that carry the force of law are called…

2.4 Directives issued by the president that carry the force of law are called… a.Executive privilege b.Impoundment c.Legislative interpretation d.Executive orders 2.4

Video: In Context IA_1/polisci/presidency/Seg3_Constitution_v2.html 2.4

Changing the Letter of the Constitution  Proposing Amendments  Ratifying Amendments  Ratification Politics 2.5

Proposing Amendments  Two methods but only one used: Two-thirds vote of both houses 27 out of 31 ratified 2.5

FIGURE 2.2: Four methods of amending the Constitution 2.5

Proposing Amendments  Why amend the Constitution? Flag burning example 2.5

Flag burning 2.5

TABLE 2.2: Amending power and how it has been used 2.5

Ratifying Amendments  Two methods of ratification: Approval by the legislatures in three-fourths of the states Used for all but 21 st Amendment Approval by special ratifying conventions in three- fourths of the states  7-year time limit 2.5

FIGURE 2.3: The time for ratification of the 27 amendments to the Constitution 2.5

Ratifying Politics  Constitution difficult to amendment  Fierce political battles  ERA provides example 2.5

ERA 2.5

2.5 How many times has the Constitution been amended? a.10 b.27 c.26 d

a.10 b.27 c.26 d How many times has the Constitution been amended?

Video: Thinking Like a Political Scientist IA_1/polisci/presidency/Seg4_Constitution_v2.html 2.5

What are some of the informal ways that the Constitution can be effectively amended by changes in interpretation? How has each branch of government used new interpretations of the Constitution to its advantage? Discussion Question 2

Video: So What? _1/polisci/presidency/Magleby_Ch02_Constitutional_Foundati ons_Seg6_v2.html 2

Further Review: On MyPoliScilab  Listen to the Chapter  Study and Review the Flashcards  Study and Review the Practice Tests 2