Chapter 3 The Constitution

1. Chapter 3The Constitution

2. Section 1—The Six Basic Principles • 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 • #4 deals with the states • #5 is about amendments • #6 deals with It as Supreme Law • #7 deals with ratification

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

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

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

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

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

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

9. Section 2—Formal Amendment • Formal Amendment Process • Article V • 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). • Only used once on the 21st 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. • 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.) • Federalism and Popular Sovereignty • Approval process reinforces federalism and indirectly sovereignty. • Sometimes criticized as being representative and not direct. • The state legislature must act first.

11. Section 2—Formal Amendment • Formal Amendment Process (cont.) • Proposed Amendments • No state may be deprived of its representation in the Senate. • The President is NOT involved—does not sign. • 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.) • Proposed Amendments (cont.) • 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 27th (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 Bill of Rights • Proposed in 1789—ratified by 1791. • The Later Amendments • The 12th corrected a electoral college problem after the election of 1800. • The 13th abolished slavery in 1865, the 14th granted citizenship to blacks in 1868, and in 1870 the 15th granted the right to vote to blacks.

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

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

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

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