4. Constitution As a Bundle of Compromises? Agreement on Basic Issues
1. Central government with powers necessary to deal with nation’s economic and social problems
2. Popular Sovereignty
3. Limited Government
4. Representative Government
5. Separation of Powers

5. Purposes of the Constitution
- Establishes framework of government
- Assigns powers of government
- Restrains power(s) of government
- Protects individual rights

7. Constitutional Underpinnings

8. Separation of Powers and Checks and Balances

9. U.S. CONSTITUTION oldest surviving constitution in the world
1789
13 colonies
4 million people
horses/ships
agricultural nation
2000’s
50 states/world influence
260+ million people
space travel, jets, etc.
tech society

10. How Has Our Constitution Survived?
I Amendment Process
~rigorous
~important Amendments passed
~does not let all Amendments through to prevent dilution of Constitution
~10,000 proposed Constitutional Amendments
II Vague and Broad Language
~implied powers
~strict vs loose interpretation
III Judicial Interpretation
~judicial review and supreme court
~”living constitution”
-slavery
-separate, but equal doctrine
-separate, but equal is inherently equal
-affirmative action
-reverse discrimination

11. V.P. replace president 8 times until 1967 Amendment
Informal Amendments
3. Court Decisions
~ “The Constitution is what the judges say it is.”
- C.E. Hughes
4. Party Practices
~Political parties – no mention of them in the U.S. Constitution (Select candidates, Congress is run by parties, Presidential appointments)
1. Basic Legislation
~Vague language – fill in the details
2. ExecutiveOrders/
Agreements
~Send troops 200 times (1789 –2000) w/o declaration of war, including Korean Police Action and Vietnam“conflict”
Custom
V.P. replace president 8 times until 1967 Amendment

12. PREAMBLE - Statement of philosophy of the document
- “We the People” sets tone for popular sovereignty

13. More Perfect Union - Correct Weaknesses in Articles of Confederation
- Federal System Balances Power
- Tyranny vs. Disintegration

14. Establish Justice British Tradition: - Trial by Jury
- Presumption of Innocence
- Common Law
- Vice Admirality Courts: British Violation of Colonial Rights
- National Judiciary
- Bill of Rights

15. Insure Domestic Tranquility
- Peaceful Assembly vs. Property Rights
- Civil Disturbances, Riots, and Disorder

16. Common Defense - Armed Forces - Foreign Treaties and Alliances
- Nuclear Technology
- $$ for Defense

17. Promote General Welfare
- How far should government go to promote general welfare of each citizen?
- Taxes?
- Government Regulation?
- Health, Education, Financial Security – Medicare, Food Stamps, and Social Security

18. Secure the Blessings of Liberty
- Balancing Freedoms
- Equal Liberty?
-Women
-African-Americans
-Native-Americans
-Asian-Americans
-Latino-Americans
-Immigrants

19. 1-10 Bill Of Rights 1791 - Original Amendments
13th End Slavery
14th Equal Citizens Civil War Amendments
15th Voting Rights
16th Income Tax
17th Direct Election of U.S. Sen
18th Prohibition Progressive Era
19th Women’s suffrage – Equality

20. 20th Lame duck Elimination - cut ineffective members of government by 3 months
21st End Prohibition - End legislation of morality
22nd Limit Term Limitation -
“FDR Memorial Amendment” 4 term president
23rd D.C. Voting Rights - One person - One vote equality

21. 25th Presidential Succession – Kennedy’s death
24th End Poll Tax –
- Southern Discrimination
25th Presidential Succession – Kennedy’s death
26th 18 year old voting rights – Vietnam War Draft controversy
27th Congressional pay raises delay