The Living Constitution · Sets out basic principles of US government Brief, not detailed. Framing...
Transcript of The Living Constitution · Sets out basic principles of US government Brief, not detailed. Framing...
The Constitution
The National Archives
Definition
The nation’s fundamental law “The supreme law of the land” Sets out basic principles of US
government Brief, not detailed
Framing a Constitution
McLauchlan
Functions a Constitution May Perform
1. Create the organs or institutions of Government
2. Specify the powers and duties (the authority) of the institutions of government
3. Outline the processes of governing; the processes for exercising the powers are spelled out.
4. Impose limitations on the exercise of power by governing institutions.
1. Specify WHO occupies the institutions.
2. Specify how incumbents (occupants) are selected and for how long.
3. Indicate how incumbents can be removed during their term
1. Specify the relationship between citizens and the state. liberties, rights, duties, and obligations
of citizens and the government US Constitution: relationships are
contained in the Bill of rights
2. an afterthought not considered crucial by the Framers.
Objectives of the Framers
1. Protect Private Property.2. Establish and maintain order.3. Provide a stronger central
government than under the Articles of Confederation.
1. Provide for a central, national executive, and a national judiciary, as well as a national legislature.
2. Reduce (eliminate?) the sovereign power of the states.
3. Eliminate or solve the problems contained in the Articles of Confederation
Weaknesses of the Articles of Confederation (Wilson)
Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state Nine of thirteen votes in Congress
required for any measure Delegates to Congress picked, paid
for by state legislatures
Weaknesses of the Articles of Confederation (Wilson)
Little money coined by Congress Army small and dependent on
independent state militias Territorial disputes between states
led to open hostilities No national judicial system All thirteen states’ consent necessary
for any amendments
Primary Features of the Constitutional Convention
McLauchlan
Areas of Agreement The Articles of Confederation had to be
scrapped The need to strengthen the national or
central government. Believed that a strong central government
was potentially very dangerous or potentially tyrannical.
The need for a republican form of government
Accepted the need for compromise among them.
Areas of Disagreement Forms of representation in the legislature Methods for selection or basis of
representation. Specific forms of the central the
government AND how much power they should have.
Need for specific rights and liberties provisions in the Constitution.
Slavery. The nature of the union and over state
sovereignty.
Basic Principles
Popular Sovereignty
All political power to the people “We the People” wrote the
Constitution & can change it
Limited Government
Government may do only what people allow
Constitutionalism: government must obey its own laws
Rule of law: office-holders must obey the law
Separation of Powers
3 branches of government Described in Articles I, II, & III
The Three Branches of Government
The Three Branches of Government
Legislative
The Three Branches of Government
ExecutiveLegislative
The Three Branches of Government
JudicialExecutiveLegislative
The Three Branches of Government
Law-
JudicialExecutiveLegislative
The Three Branches of Government
Law-making
JudicialExecutiveLegislative
The Three Branches of Government
Law-Law-making
JudicialExecutiveLegislative
The Three Branches of Government
Law-executingLaw-making
JudicialExecutiveLegislative
The Three Branches of Government
Law-Law-executingLaw-making
JudicialExecutiveLegislative
The Three Branches of Government
Law-interpreting
Law-executingLaw-making
JudicialExecutiveLegislative
The Three Branches of Government
Law-interpreting
Law-executingLaw-making
JudicialExecutiveLegislative
The Three Branches of Government
Congress
Law-interpreting
Law-executingLaw-making
JudicialExecutiveLegislative
The Three Branches of Government
PresidentCongress
Law-interpreting
Law-executingLaw-making
JudicialExecutiveLegislative
The Three Branches of Government
Supreme Court
PresidentCongress
Law-interpreting
Law-executingLaw-making
JudicialExecutiveLegislative
Checks & Balances
3 branches are kept in check & balanced by the other 2
Judicial Review
Courts have the power to decide the constitutionality of laws
Federalism
The power to govern is divided between the national (federal) government & the 50 state governments
The Whiskey Rebellion, 1794
Little Rock Central High, 1957
101st Airborne
Our Changing Constitution
The Formal Amendment Process
Method One
Proposed by 2/3 majority of Congress Ratified by ¾ of state legislatures
(38)
Method Two
Proposed by 2/3 majority of Congress Ratified by ¾ of state conventions
(only the 21st done this way)
Method Three
Proposed by national convention (called by Congress)
Ratified by ¾ of state legislatures (38)
Method Four
Proposed by national convention (per Congress)
Ratified by ¾ of state conventions How the Constitution itself was ratified 9 of 13 states
The Formal Amendment Process
Not signed by the President “Spam Filter”
9000 attempts 34 proposed 27 ratified
Most frequent topic of amendment: electoral college
The Amendments
(1791) The Bill of Rights
11. (1795)
Suits against States
12. (1804)
Vice Presidential Election‑ Same ticket as President
13. (1865)
End of Slavery
14. (1868)
Slaves became US citizens Due process clause Equal protection clause “2nd Bill of Rights"
15. (1870)
Blacks' right to vote
16. (1913)
Federal Income Tax
17. (1913)
Popular election of US Senators
18. (1919) Prohibition
Sale, manufacture, transportation of alcohol as beverage
19. (1920)
Women's Suffrage
20. (1933) "Lame Duck"
Amendment Nov. Dec. Jan. Feb. March
21. (1933) Repeal of
Prohibition
22.(1951)
Presidential term limit 2 terms or 10 years
22nd Amendment in Action
198319721984
19821971198119701980196919791968LBJ19781967LBJ19771966LBJ1976GF1965LBJ1975GF1964LBJ1974RN/GF1963JFK/LBJ
23. (1961)
Presidential electors for DC
24. (1964)
End of Poll Taxes
25. (1967)
Presidency succession ("depth chart") Vice Presidential vacancy ‑
Presidential disability
26. (1971)
18-year olds' right to vote
27. (1992)
Congressional pay raise shall not take effect until after election proposed in 1789
Informal Amendment
Basic Legislation Congress spells out the Constitution with many laws
Executive Action Presidents have expanded their powers "Executive Agreements;" no Senate approval
Court Decisions Courts (especially Supreme Ct.) interprets the Constitution
Party Practices not mentioned in the Constitution George Washington opposed them but the 2 party system is permanent‑
Custom unwritten laws
Example: no two term tradition until FDR‑ ‑