1. Longman PoliticalScienceInteractive
Magleby & Light
Government by the People
Chapter 2
The Living Constitution
Copyright 2009 Pearson Education, Inc., Publishing as Longman

2. The Living Constitution
The U.S. Constitution is the oldest in the world
Still, the brevity and ambiguity of many constitutional provisions have spurred a great deal of additional debate
High school students pray outside their school before classes begin for the day. Although this type of prayer has been upheld by the courts, the Supreme Court struck down student-led prayer broadcasted over a stadium loudspeaker before a high school football game.
Copyright 2009 Pearson Education, Inc., Publishing as Longman

3. Modifications of Checks and Balances
The rise of national political parties
Expansion of the electorate and the move toward more direct democracy
Establishment of agencies deliberately designed to exercise legislative, executive, and judicial functions
Changes in technology
The growth of presidential power
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4. Modifications of Checks and Balances
Direct Primary
Election in which voters choose party nominees
Initiative
Procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters
Referendum
Procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution
Recall
Procedure for submitting to popular vote the removal of officers from office before the end of their term
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5. Origins of Judicial Review
Whether the delegates to the Constitutional Convention of 1787 intended to give the courts the power of judicial review is a long debated question
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6. Marbury versus Madison
John Marshall sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801
Jefferson refuses to deliver other commissions
Marbury v. Madison
Constitution is the supreme and binding law
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7. The Unwritten Constitution
Constitutional elaboration:
-Congressional action to provide the details not laid out in the Constitution
-e.g.: Impeachment
Two U.S. Presidents, Andrew Johnson and Bill Clinton, have been impeached by the U.S. House of Representatives. Nixon resigned before impeachment.
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8. Presidential Practices
Executive Order
Executive Privilege
Impoundment
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9. The Amending Power and How it Has Been Used
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10. Proposing Amendments
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11. The Time for Ratification of the 27 Amendments to the Constitution
Ratifying Amendments
The Time for Ratification of the 27 Amendments to the Constitution
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12. Ratification Politics: The ERA
“Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
First introduced in 1923
Passed by Congress in 1972, and referred to the states for ratification
Fell three states short of the 38 needed for ratification
Demonstrates the difficulty of amending the Constitution
Copyright 2009 Pearson Education, Inc., Publishing as Longman