THE CONSTITUTION Key Constitutional Principles, the Structure and Modern Reforms

Concept 1: Separation of Powers A way of dividing power among three branches of government in which members of the House of Representatives, the Senate, the president, and the federal courts are selected by and responsible to different constituencies.

Concept 2: Checks and Balances A government structure that gives each of the three branches of government some degree of oversight and control over the actions of the others

Concept 3: Federalism System of government in which power is divided between the national government and the state governments and in which independent states are bound together under one national government

Principles of the Constitution  Federalism  Why was this feature essential to include?  How did this lead to the rise of political parties?  Examples in the Constitution?  How is the amendment process a good example?

The Amendment Process ProposalRatification 2/3 of both Houses of Congress 2/3 call a National Convention 3/4 of State Legislatures 3/4 of State Ratifying Conventions Constitution Amended

Concept 4: Limited Government A type of government in which its functions and powers are written, limited, and restricted by law to protect the citizenry. National Government  May not violate the Bill of Rights  May not impose export taxes among states  May not use money from the Treasury without the passage and approval of an appropriations bill  May not change state boundaries State Government  May not enter into treaties with other countries  May not print money  May not tax imports or exports  May not Impair obligations of contracts  May not suspend a person's rights without due process

Principles of the Constitution  Limited Government  Examples in the Constitution?  Habeas corpus  No Bill of Attainder  No ex post facto law  Trial by jury in criminal cases  Full Faith & Credit clause  No religious test for office  Extradition

Concept 5: Popular Sovereignty Idea that the people have ultimate authority over our government.  Voting  Campaigning  Running for office  Canvassing  Petitioning the government

Principles of the Constitution  Popular Sovereignty  Examples in the Constitution?  House  Examples of limits & mistrust?  Restrictions on electorate  Senate  Electoral College  Amendment Process

Concept 6: Judicial Review The power of the national judiciary to declare whether laws and actions are in violation of the Constitution. Power is implied through the Court’s power to interpret the laws. vs.

Principles of the Constitution  Judicial Review  Origins? Politics?  How does this “Flow” with the Framers’ intentions?  How does it aid democracy?  How is this a limitation of democracy?

Principles of the Constitution  Why include these Principles?  Aristotelian view: Gov’t should improve human nature by cultivating virtue.  Madisonian view: This type of Gov’t too strong & dangerous…self-interest must prevail with limits.

Cartoon #1 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #2 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #3 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Cartoon #4 Which constitutional principle is represented in this cartoon? What is the message the cartoonist is trying to get across? What symbols does the cartoonist use?

Modern Reforms  Reduce separation of powers?  Eliminate gridlock  Limit interference with government agencies—Discuss summer IRS blog  Make president stronger & more accountable with powers over the Congress.

Modern Reforms  Suggestions to reduce separation of powers?  Amend the Constitution to allow members of Congress to be in Cabinet  Allow the President to dissolve an ineffective Congress and hold special elections  Allow Congress to call for a loss of confidence vote in the President  Allow Congress & President to run as a ticket in each district  Allow the President only one 6-year term  Lengthen the HOR term to 4-years instead of 2

Modern Reforms  Suggestions for making the system less democratic?  Limit by law taxes collected each year  Require a balanced budget  President should regain rescission authority through a line-item veto  Clinton et. al. v. New York et. al.  Limit the power of courts

CT Exercises Quiz 1.Using question #10, part 1, how many days does Congress have to determine if the President is fit to return to his job? 2.Explain your answer for #7, part 2 by showing the math. 3.Who chooses the President if no one wins an electoral college majority? (#6, part 2) 4.What is the answer to #3b in part 1? 5.What is the answer to #8 in part 2?

BOR Projects assigned. Due October 9 th !