Basic Principles of the Constitution Popular Sovereignty By Consent Limited Government Separation of Powers Checks and Balances Federalism.

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Presentation transcript:

Basic Principles of the Constitution Popular Sovereignty By Consent Limited Government Separation of Powers Checks and Balances Federalism

How Have the Principles Changed? Growth of the Executive Branch Growth of the Federal Government Growth of Federal Bureaucracy Growth of Political Parties Formal Amendments to the Constitution Informal “Amendments”; more later on both... Electoral Process Changes

Amending the Constitution To Propose an Amendment: 2/3 Vote in Both Houses of Congress… National Convention Called by Congress when Requested by 2/3 of the State Legislatures (never been done)

…Amending the Constitution To Ratify an Amendment: 3/4 of State Legislatures (38 today)… 3/4 of State Ratifying Conventions (done once for the 21st amendment) But There’s More than one way to skin a Constitution...

Informal Amendment TJ said that each generation should have their own Constitution… Although not done at a national convention, and seldom formally amended… The Constitution is a “Living Document” So how is it that TJ may still be right?

“Informal Amendments” Congressional Elaboration Executive Action Judicial Interpretation (Review) Custom and Practice Political Parties

…Basic Legislation Setting up the Judicial Branch commerce clause creating our federal bureaucracy (“tyrannical” federal agencies) more power to the Executive Creating the Cabinet...

Executive Action Congress declares ‘em, but Presidents start ‘em… Wars! (and other conflicts) Executive Agreements Executive Orders Presidents propose the budget

Court Decisions “The Constitution is what the Supreme Court SAYS it is!” “The Supreme Court is a Constitutional Convention which is always in Session!” Necessary and Proper clause, Judicial Review, and interpreting the Constitution These are AWESOME powers!

Custom and Usage VP becomes THE President… State of the Union in person… Cabinet as part of the Executive Branch… Treaty Ratification… (Pres. Not there) Custom often becomes Formal; 22nd and 25th Amendments, and congressional legislation.

Party Practices Parties Organize Congress… Parties Select Presidential Candidates… Parties Select the Electoral College… Parties Determine Federal Judges… Parties Influence Federal Appointments… We seem to like “Divided Government” today.

The Options for distributing power geographically