Checks & Balances Through Separation of Powers Checking Power with Power

Why did Madison create the Constitution? James Madison was concerned that government would be controlled by majority or minority factions. He believed that factions would best be controlled by a large republic that operated under a constitution. The Constitution is the supreme and binding law that both grants power to the government and limits the power of the government.

Checks and Balances Background Checks and balances was established to prevent government abuse of power. Each branch has a role in the actions of others (veto, veto override, appointment and confirmation, treaty making and ratification, defense funding and Commander-In-Chief) There is a continuous Power struggles among the 3 branches (especially Congress and the president).

Judicial Review MARBURY V. MADISON (1803) Framers did not specifically provide for judicial review Chief Justice John Marshall reasoned that judges should interpret the Constitution, not the President or Congress Judicial review became established due to this case A single person may challenge an existing law through judicial hearings Effects Litigation sometimes trumps legislation as a way to make public policy Ex: Gun control laws struck down (D.C. v. Heller, 2008 and McDonald v. Chicago, 2010) Gay marriage laws struck down in numerous states recently

Formal & Informal Amendments Government & Politics Formal & Informal Amendments

Informal Amendment The informal process, used by all branches of government and it doesn't actually amend the Constitution. This process refers to changes in how we interpret and use the constitution.

What is a Formal Amendment? Written changes that are added to the constitution Constitution should not change as an expression of basic and timeless personal liberties, but should adapt to changing conditions (amendment process) Amendment process is a reflection of a federal system.

Formal Amendment Process changes in the written word of the constitution Established in Article 5 Two methods of proposal Two methods of constitutional amendments

Formal Amendments 1st Method: Proposed by Congress by 2/3 votes in both houses of Congress Today: 38 states must approve (2/3) 26 of 27 amendments were adopted this way

Formal Amendment 2nd Method: Proposed by Congress Ratified by conventions ¾ states needed 21st Amendment (1933) Believed popularly elected delegates = reflect public opinion Repealed prohibition

Formal Amendment 3rd Method Proposed by National Convention called by Congress Request 2/3 of states Must be ratified by ¾ State legislatures Congress has not called a convention (never been used)

Formal Amendment 4th Method: Proposed by national convention (never been used) Ratified by conventions ¾ states needed Constitution was adopted in this way.

The 27 Amendments

Why go through an Informal amendment process? “Constitution belongs to the living, not the dead” (Jefferson) Jefferson believed each generation might need new Constitution.

Proposed Amendments 15,000 since 1789 Only 33 have been sent to states Only 27 have been ratified by States 1st 10 Amendments = Bill of Rights (1791)

Bill of Rights Added less than 3 years after ratification of Constitution Proposed 1st session of Congress Set out the guarantees: of freedom of belief and expression of freedom and security of the person of fair and equal treatment before the law