1. The Living Constitution

2. Framework of Government
Skeletal framework
Constitution has Three Major Parts
I. Preamble- introductory statement of the
document’s goals of government
Emphasizes popular sovereignty
2. 7 Articles
I, II, III Three branches of government
I: Legislative: How laws are made;
Congress
II: Executive: enforce or carry out the laws;
President
III: Judicial: interprets the law; Supreme Court

3. Framework of the Constitution
Article IV: Relations among States
full faith and credit, privileges and
immunities
Article V: Formal Amendment process
Article VI: Supremacy Clause
Article VII: Ratification of the Constitution
Formal Amendments
27 Formal changes to the Constitution
called amendments

4. Six Major Principles of Government
1. Limited Government
Government can only do what the people allow it to do-
Example: Article I, II, III describe power of gov’t
Amendments 1-9 describe limits on gov’t
“rule of law”
2. Popular Sovereignty
People are the ultimate source of government authority
Constitution is the legitimate source of governing authority

5. Principles of Govenment
3. Separation of Powers
To prevent tyranny, power was divided among three branches: legislative, executive and judicial
The idea was taken from a French political philosopher, the Baron de Montesquieu, (Charles de Secondat) who wrote The Spirit of the Laws, 1748
No one branch would have enough power to dominate the other Ex: Article I, II, III

6. Principles of Government
4. Checks and Balances
Each branch is independent yet exercises power over the other
System fosters independence, yet dependence
Chief Justice John Roberts
And Justice Samuel Alito

7. Principles of Government
5. Judicial Review
The judicial branch possesses the power to determine the constitutionality of an action of the government
Marbury v. Madison was the first case to establish the courts authority of judicial review
Federalism
The division of power between a central government and state governments
It is a compromise between a strict national government and a loose confederation.
Ex: Tenth Amendment: Any power not delegated to the federal government is reserved to the States
(reserved powers)

8. Marbury v. Madison Judicial Review
Election of 1800:
Adams (Federalist) v. Jefferson (Anti-Federalist)
Judiciary Act of 1801 created new judicial posts to be filled with “good loyal Federalists” according to Adams
“Midnight Justices” resulted in Adams filling posts
Adam’s Sec. of State: John Marshall
Jefferson’s Sec. of State: James Madison
William Marbury: Justice of the Peace in D.C.
Marbury sued Madison on the basis of a writ of mandamus
It granted in Section XIII of the Judiciary Act of 1789 granting the SC original jurisdiction to issue such writs
The Constitution only grants original jurisdiction in two cases
Public consuls, ambassadors OR State conflict

9. Marbury loses to Madison The SC ruled that the law he based his case
upon was unconstitutional,
thus striking Section XIII
From the Judiciary Act
Judicial Review was exercised
for the first time
SC declared an act of Congress
unconstitutional
William Marbury

10. Bill of Rights James Madison principle author
200 amendments proposed- chose 16
Congress eliminated 4 more
2 more rejected by state legislatures
(congressional reapportionment and congressional salaries)
The remaining 10 amendments became the first formal amendments known as the Bill of Rights
December 15, 1791 the Bill of Rights were adopted
Protection of rights of the individual against the National Government