1. Chapter 3 The Constitution

2. Section 1—The Six Basic Principles An Outline of the Constitution An Outline of the Constitution –7,000 words –Few details –Organized in a simple straightforward way. –Eloquent Preamble –7 Articles #1-3 establish the 3 branches #1-3 establish the 3 branches #4 deals with the states #4 deals with the states #5 is about amendments #5 is about amendments #6 deals with It as Supreme Law #6 deals with It as Supreme Law #7 deals with ratification #7 deals with ratification

3. Section 1—The Six Basic Principles The Basic Principles The Basic Principles –Popular Sovereignty The people are sovereign—the only source of power. The people are sovereign—the only source of power. Government can ONLY govern with the consent of the governed. Government can ONLY govern with the consent of the governed.

4. Section 1—The Six Basic Principles The Basic Principles (cont.) The Basic Principles (cont.) –Limited Government No government is all powerful. No government is all powerful. Sometimes called “Constitutionalism” Sometimes called “Constitutionalism” Sometimes called the “Rule of Law” Sometimes called the “Rule of Law” –All are subject to but never above the Law. The Constitution clearly limits government The Constitution clearly limits government Includes the Great Guarantees: Includes the Great Guarantees: –Freedom of religion, speech, press, assembly and petition.

5. Section 1—The Six Basic Principles The Basic Principles (cont.) The Basic Principles (cont.) –Separation of Powers In contrast to the Parliamentary System where all power resides in the Parliament. In contrast to the Parliamentary System where all power resides in the Parliament. Article I—Legislative Power Article I—Legislative Power Article II—Executive Power Article II—Executive Power Article III—Judicial Power Article III—Judicial Power Separation of powers is intended to “limit government” Separation of powers is intended to “limit government”

6. Section 1—The Six Basic Principles The Basic Principles (cont.) The Basic Principles (cont.) –Checks and Balances Numerous Numerous No branch operates independently. No branch operates independently. Veto is a good example Veto is a good example

7. Section 1—The Six Basic Principles The Basic Principles (cont.) The Basic Principles (cont.) –Judicial Review Constitutional vs. “unconstitutional.” Constitutional vs. “unconstitutional.” The case of Marbury vs. Madison in 1803. The case of Marbury vs. Madison in 1803. –Landmark case to establish Judicial Review –Federalism Division of power between national and states Division of power between national and states Motivated by experience in Articles and colonial era. Motivated by experience in Articles and colonial era. A Great Compromise A Great Compromise

8. Section 2—Formal Amendment 4 million to 290 million 4 million to 290 million 13 colonies to 50 states 13 colonies to 50 states Constitution is NOT the same now as in 1787. Constitution is NOT the same now as in 1787.

9. Section 2—Formal Amendment Formal Amendment Process Formal Amendment Process –Article V Proposal by 2/3 of each house of Congress to be ratified by 3/4 of states (38). Proposal by 2/3 of each house of Congress to be ratified by 3/4 of states (38). –This method has been used 26 out of 27 amendments Proposal by 2/3 of each house and a call for conventions in the states. Then approved by 3/4 of states (38). Proposal by 2/3 of each house and a call for conventions in the states. Then approved by 3/4 of states (38). –Only used once on the 21 st amendment in 1933. Call from 2/3 of state legislatures (34) for a national convention to consider amendment. It must then be ratified by 3/4 of states (38). Never used. Call from 2/3 of state legislatures (34) for a national convention to consider amendment. It must then be ratified by 3/4 of states (38). Never used. An amendment may be proposed by a national convention and then ratified in 3/4 of state conventions (38). Never used. An amendment may be proposed by a national convention and then ratified in 3/4 of state conventions (38). Never used.

10. Section 2—Formal Amendment Formal Amendment Process (cont.) Formal Amendment Process (cont.) –Federalism and Popular Sovereignty Approval process reinforces federalism and indirectly sovereignty. Approval process reinforces federalism and indirectly sovereignty. Sometimes criticized as being representative and not direct. Sometimes criticized as being representative and not direct. The state legislature must act first. The state legislature must act first.

11. Section 2—Formal Amendment Formal Amendment Process (cont.) Formal Amendment Process (cont.) –Proposed Amendments No state may be deprived of its representation in the Senate. No state may be deprived of its representation in the Senate. The President is NOT involved—does not sign. The President is NOT involved—does not sign. If rejected by a state it may later be reconsidered, once approved, however, it is final. If rejected by a state it may later be reconsidered, once approved, however, it is final. –10,000 amendment proposals have been submitted.  Only 33 have been sent to the states and only 27 ratified.

12. Section 2—Formal Amendment Formal Amendment Process (cont.) Formal Amendment Process (cont.) –Proposed Amendments (cont.) 10,000 amendment proposals have been submitted. 10,000 amendment proposals have been submitted. –Only 33 have been sent to the states and only 27 ratified. Six failed:  One proposed in 1789 with the Bill of Rights died.  One offered in 1789 became the 27 th (Congressional Compensation).  1810-foreign titles void citizenship.  1861-no slavery amendments.  1924 an act to regulate child labor.  1972 Equal Rights Amendment by 1984 fell short.  1978 representation for the District of Columbia  A 7 year time limit for enactment started in 1917 (ERA in 1979 was given a 3 year extension).

13. Section 2—Formal Amendment The 27 Amendments The 27 Amendments –The Bill of Rights Proposed in 1789—ratified by 1791. Proposed in 1789—ratified by 1791. –The Later Amendments The 12 th corrected a electoral college problem after the election of 1800. The 12 th corrected a electoral college problem after the election of 1800. The 13 th abolished slavery in 1865, the 14 th granted citizenship to blacks in 1868, and in 1870 the 15 th granted the right to vote to blacks. The 13 th abolished slavery in 1865, the 14 th granted citizenship to blacks in 1868, and in 1870 the 15 th granted the right to vote to blacks.

14. Section 2—Formal Amendment The 27 Amendments (cont.) The 27 Amendments (cont.) –The Later Amendments (cont.) The 18 th in 1919 prohibited alcohol and was repealed by the 21 st in 1933.. The 18 th in 1919 prohibited alcohol and was repealed by the 21 st in 1933.. The 19 th in 1920 granted women the vote. The 19 th in 1920 granted women the vote. The 22 nd in 1951 limited the presidency to two terms. The 22 nd in 1951 limited the presidency to two terms. The 25 th in 1967 deals with presidential succession. The 25 th in 1967 deals with presidential succession. The 26 th in 1971 granted the vote to all over 18. The 26 th in 1971 granted the vote to all over 18. The 27 th in 1992 prohibits congressional raises during the “current” term. The 27 th in 1992 prohibits congressional raises during the “current” term.

15. Section 3—Constitutional Change by Other Means Basic Legislation Basic Legislation –Expanded into the detail –Tens of thousands of “laws” Executive Action Executive Action –Commander in Chief –Executive Agreement—used frequently now –Treaty—cumbersome process

16. Section 3—Constitutional Change by Other Means Court Decisions Court Decisions –Marbury v. Madison in 1803 –A “constitutional convention in continuous session” Party Practices Party Practices –Not in the beginning—Washington warned against. –Party Conventions –Electoral College

17. Section 3—Constitutional Change by Other Means Custom Custom –Unwritten –Cabinet –Vice President role developed –Senatorial courtesy—a nominee must be acceptable in home state. –No third-term for 150 years