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Transcript of Magleby chapter2 ppt
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2Constitutional Foundations
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Learning Objectives
2.1
2.2
2
Describe the basic structure of the Constitution and its Bill of Rights
Analyze how the Constitution grants, limits, separates, and balances governmental power
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Explain how the use of judicial review strengthens the courts in a separation of powers system
Assess how the Constitution has evolved through changes in the informal, unwritten Constitution
2Learning Objectives
2.3
2.4
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8.2
Describe the processes by which formal changes to the Constitution can be made
2Learning Objectives
2.5
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Views of the Constitution
Constitution has lasted Flexible, adaptable
Natural law Symbolic value, revered Most Americans ignorant of what is
actually inside
2.1
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National Archives 2.1
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James Madison 2.1
The fourth president of the United States (1809–1817) and an author of The Federalist Papers.
Madison’s view on a separated system of government, in which each branch checks and balances the power of the other branches, shaped our governmental structure.
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2.1 Why has the Constitution endured?
2.1
a. It is flexible and adaptable.b. It gives the government so much power, the
people can’t change it.c. It is against the law to change it.d. It is too difficult to write a new one.
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a. It is flexible and adaptable.b. It gives the government so much power, the
people can’t change it.c. It is against the law to change it.d. It is too difficult to write a new one.
2.12.1 Why has the Constitution endured?
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Checking Power with Power Separation of Powers Checks and Balances: Ambition to
Counteract Ambition National Political Parties and Interest
Groups Expansion of the Electorate and the Move
Toward More Direct Democracy Changes in Technology Growth of Presidential Power
2.2
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Separation of Powers - the distribution of constitutional authority among the three branches of government.
Tyranny of the majority Prevention was Framers’ goal
Intrinsic value of dispersion of power John Locke and Baron Montesquieu wrote about this
Colonial government Trial and error with concentration of power
2.2
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Checks and Balances: Ambition to Counteract Ambition Prevent separated powers from pooling
authority Avoid autocracy
Each branch politically independent Elected separately
2.2
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TABLE 2.1: Exercise of checks and balances, 1789-2012
2.2
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FIGURE 2.1: Separation of powers and checks and balances
2.2
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National Political Parties and Interest Groups Partisanship - strong allegiance to one’s own
political party, leads to unwillingness to compromise with opposing party
Divided government One party controls Congress Other party controls presidency
Unified government One party controls legislature and presidency
2.2
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Expansion of the Electorate and the Move Toward More Direct Democracy Electoral College - system in which electors chosen by
state legislatures choose the president
Franchise expanded – now all citizens over 18
Seventeenth Amendment Senators popularly elected
2.2
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Changes in Technology
Televised government 24-hour news
Public opinion polls Popular appeals from president Increased power of interest groups
2.2
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Changing Demographics 2.2
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2.2Money in Elections
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Growth of Presidential Power Global problems create crises for U.S. Sources of presidential power
Constitutional Political Emergency
2.2
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2.2 Which of these was separation of powers instituted to prevent?
a. Oligarchyb. Tyrannyc. Monarchyd. Federalism
2.2
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2.2
a. Oligarchyb. Tyrannyc. Monarchyd. Federalism
2.2 Which of these was separation of powers instituted to prevent?
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Judicial Review and the “Guardians of the Constitution” Judicial Review – the power of the courts to strike
down acts of Congress, the executive branch, and the states as unconstitutional
Origins of Judicial Review Marbury v. Madison
2.3
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Origins of Judicial Review
Who decides disputes over the meaning of the Constitution? Federalists thought the Supreme Court should Anti-Federalists thought state legislatures should
Jeffersonian Republicans - descendants of the Anti-Federalists, though state legislatures should have this power
2.3
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Marbury v. Madison
Justices of the peace appointed Commissions undelivered
Writ of mandamus – a court order directing an official to perform an official duty
Dilemma for the Court Marshall gives Court power of judicial
review – (The Supreme Court now has the authority to interpret the Constitution and declare laws to be unconstitutional)
2.3
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Chief Justice John Marshall
2.3
Our most influential Supreme Court justice
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2.3Handgun Restrictions
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2.3 What power was granted to the Court by the decision in the case Marbury v. Madison?
2.3
a. Issuance of writs of mandamusb. Judicial reviewc. Issuance of ex post facto lawsd. Madisonian oversight
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a. Issuance of writs of mandamusb. Judicial reviewc. Issuance of ex post facto lawsd. Madisonian oversight
2.32.3 What power was granted to the Court by the decision in the case Marbury v. Madison?
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Informal Change: The Unwritten Constitution Congressional Elaboration – legislation that
gives further meaning to the Constitution based on sometimes vague constitutional authority
Presidential Practices Judicial Interpretation
2.4
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Congressional Elaboration
Legislation using “necessary and proper” clause Judiciary Act of 1789
Impeachment – the first step in removal from office after a formal accusation Used twice
Commerce clause
2.4
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Presidential Practices
Power and authority have increased Executive orders – a president’s or governor’s formal order to an agency Executive privilege – the power to keep executive communications
confidential, especially if related to national security Impoundment – a decision by the president not to spend money
appropriated by Congree – now prohibited under federal law
2.4
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Judicial Interpretation
Marbury v. Madison (1803) Establishes judicial review So important it’s worth mentioning again
Originalist approach – the Constitution has a fixed meaning
Adaptive approach – the Constitution should be flexible and responsive to the changing needs of the times
2.4
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2.4
a. Executive privilege b. Impoundment c. Legislative interpretationd. Executive orders
2.4 Directives issued by the presidentthat carry the force of law are called…
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2.4 Directives issued by the presidentthat carry the force of law are called…
a. Executive privilegeb. Impoundmentc. Legislative interpretationd. Executive orders
2.4
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Changing the Letter of the Constitution Proposing Amendments - proposed by either a two-
thirds vote in the House and Senate, or by a national convention of the legislatures in two-thirds of the states
Ratifying Amendments - ratified either by the legislatures in three-fourths of the states or by special ratifying conventions in three-fourths of the states.
Ratification Politics
2.5
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Proposing Amendments
Two methods but only one used: Two-thirds vote of both houses 27 out of 31 ratified
2.5
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FIGURE 2.2: Four methods of amending the Constitution
2.5
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Proposing Amendments
Why amend the Constitution? Flag burning example
2.5
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Flag burning 2.5
The Court has ruled that flag burning is protected as form of expression under the First Amendment.
But a Constitutional amendment to ban it has wide support in some areas of the country.
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TABLE 2.2: Amending power and how it has been used
2.5
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Ratifying Amendments
Two methods of ratification: Approval by the legislatures in three-fourths of the
states Used for all but 21st Amendment Approval by special ratifying conventions in three-
fourths of the states 7-year time limit
2.5
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FIGURE 2.3: The time for ratification of the 27 amendments to the Constitution
2.5
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Ratifying Politics
Constitution difficult to amendment Fierce political battles ERA (Equal Rights Amendment) provides
example
2.5
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ERA 2.5
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2.5 How many times has the Constitution been amended?
a. 10b. 27c. 26d. 31
2.5
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2.5
a. 10b. 27c. 26d. 31
2.5 How many times has the Constitution been amended?
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What are some of the informal ways that the Constitution can be effectively amended by changes in interpretation? How has each branch of government used new interpretations of the Constitution to its advantage?
Discussion Question 2