The Constitution Chapter 4

Principles  Popular sovereignty  Separation of powers  Checks and balances  Limited government  Federalism  Popular sovereignty  Separation of powers  Checks and balances  Limited government  Federalism

Structure of the Constitution:  Preamble: introduction  Articles  1 legislative branch  2 executive branch  3 judicial branch  4 states  5 amendment process  6 supreme law of the land  7 ratification process  Preamble: introduction  Articles  1 legislative branch  2 executive branch  3 judicial branch  4 states  5 amendment process  6 supreme law of the land  7 ratification process

Amendments  Amendments: Bill of Rights 1791  Amendments  Amendments: Bill of Rights 1791  Amendments

Formal Amendment Process  Two ways to propose amendments  2/3 vote of each house of Congress  National constitutional convention requested by 2/3 of state legislatures  Two ways to propose amendments  2/3 vote of each house of Congress  National constitutional convention requested by 2/3 of state legislatures  Two ways to Ratify Amendments  Ratified by 3/4 of state legislatures  Ratified by specially called convention in at least 3/4 of the states  Two ways to Ratify Amendments  Ratified by 3/4 of state legislatures  Ratified by specially called convention in at least 3/4 of the states

27 Amendments  26 proposed by 2/3 of each house of Congress; approved by 3/4 of the state legislatures  21st Amendment: different  Proposed by Congress (2/3 each house)  Ratified by 3/4 state conventions (not legislatures)  No constitutional convention held  26 proposed by 2/3 of each house of Congress; approved by 3/4 of the state legislatures  21st Amendment: different  Proposed by Congress (2/3 each house)  Ratified by 3/4 state conventions (not legislatures)  No constitutional convention held

Informal Amendment Process  Legislative Action  Laws expand powers in constitution; elastic clause  Executive action  War powers; impoundment of funds; interim appointments  Judicial interpretation  Judicial review  Changing customs  Cabinet  Two terms practice before amendment 22  Legislative Action  Laws expand powers in constitution; elastic clause  Executive action  War powers; impoundment of funds; interim appointments  Judicial interpretation  Judicial review  Changing customs  Cabinet  Two terms practice before amendment 22

Bill of Rights  Amendments  Basic Rights to protect citizens from the power of the federal government  Amendments  Basic Rights to protect citizens from the power of the federal government

Two Early Amendments  Eleven: protect states from lawsuits by citizens of other states or foreign countries  Twelve: separate voting in the electoral college for president and vice - president  Eleven: protect states from lawsuits by citizens of other states or foreign countries  Twelve: separate voting in the electoral college for president and vice - president

Civil War Amendments  13, 14, 15th Amendment  13th: emancipation of slaves law of the land  14th: overturned Dred Scott decision - granted citizenship to all people born in the USA  15th: protect voting rights of freedmen  13, 14, 15th Amendment  13th: emancipation of slaves law of the land  14th: overturned Dred Scott decision - granted citizenship to all people born in the USA  15th: protect voting rights of freedmen

Progressive Era Amendments  Deal with social and political reforms  16th: Congress establish income tax  17th: direct election of senators  18th: prohibition; 21st: repealed prohibition  19th: women’s suffrage  Deal with social and political reforms  16th: Congress establish income tax  17th: direct election of senators  18th: prohibition; 21st: repealed prohibition  19th: women’s suffrage

Amendments deal with Governance (20th Century)  20th: changed start date for President and Congress; shorten lame duck period  22nd: limited President to two terms or 10 years  25th: succession to the President  27th: pay raises; proposed with Bill of Rights; passed 203 years later  20th: changed start date for President and Congress; shorten lame duck period  22nd: limited President to two terms or 10 years  25th: succession to the President  27th: pay raises; proposed with Bill of Rights; passed 203 years later

Civil Rights - Era Amendments  23rd: residents of Washington D.C. to vote in Presidential elections; 3 Electoral College votes  24th: banned poll taxes  26th: lowered voting age from 21 to 18  23rd: residents of Washington D.C. to vote in Presidential elections; 3 Electoral College votes  24th: banned poll taxes  26th: lowered voting age from 21 to 18

Principles of the Constitution  Limited government  Government had power to provide for peace and order but not unlimited power  Limited government  Government had power to provide for peace and order but not unlimited power

Limited Government: 6 Guiding Principles  Popular sovereignty  Rule of law  Separation of Powers -- Checks and Balances  Federalism: delegated powers; reserved powers; concurrent powers  Independent Judiciary  Individual Rights  Popular sovereignty  Rule of law  Separation of Powers -- Checks and Balances  Federalism: delegated powers; reserved powers; concurrent powers  Independent Judiciary  Individual Rights

Interpreting the Constitution  Text of the constitution  Original intent of Founding Fathers  Court Precedent  Practical consequences for society  Moral and ethical values  Text of the constitution  Original intent of Founding Fathers  Court Precedent  Practical consequences for society  Moral and ethical values

Types of Interpretations  Is the constitution living or dead?  Strict construction or originalism or textualist, narrow construction  Antonin Scalia  Loose construction or interpretivism or broad construction  William J Brennan  Is the constitution living or dead?  Strict construction or originalism or textualist, narrow construction  Antonin Scalia  Loose construction or interpretivism or broad construction  William J Brennan

Marbury v. Madison  Chief Justice John Marshall  Established judicial review  1800 John Adams, Federalist party lost to Thomas Jefferson  Judges; ‘midnight appointments’  Chief Justice John Marshall  Established judicial review  1800 John Adams, Federalist party lost to Thomas Jefferson  Judges; ‘midnight appointments’

McCulloch v. Maryland  Marshall Court  State of Maryland taxed First Bank of the United States  Elastic clause or ‘necessary and proper clause’  Marshall Court  State of Maryland taxed First Bank of the United States  Elastic clause or ‘necessary and proper clause’

United States v. Nixon  Reaffirm the rule of law  Watergate scandal (1970)  Tapes denied Senate based on “executive privilege”  Presidents do have the right to executive privilege but must be considered in the light of our historic commitment to rule of law.  Reaffirm the rule of law  Watergate scandal (1970)  Tapes denied Senate based on “executive privilege”  Presidents do have the right to executive privilege but must be considered in the light of our historic commitment to rule of law.

Goss v.Lopez  Due process  Suspending students without a hearing  Remove reference from records  Ohio law - suspend up to 10 days without hearing  Letter to parents  Decision: before being suspended or expelled students must know the charges; prompt disciplinary hearing with evidence  Due process  Suspending students without a hearing  Remove reference from records  Ohio law - suspend up to 10 days without hearing  Letter to parents  Decision: before being suspended or expelled students must know the charges; prompt disciplinary hearing with evidence