1. LEJSASR
Six Basic
Principles
Changing the
Constitution
THE
CONSTITUTION
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3. THE CONSTITUTION
-- working document
-- breathing document
-- brief document
-- 7 ar ticles
-- Ar ticle One (Legislative branch) the longest
-- 27 amendments
-- First 10: Bi l l of Rights
4. SIX BASIC PRINCIPLES
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
6. LIMITED GOVERNMENT
-- Government must obey the law
-- C o n s t i t u t io n alism o r t h e “ r u l e o f l aw”
-- ma ny ame n dme n ts b e g in “ C o n g r e ss s h a l l ma ke n o l aw…”
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When did the US see the greatest chal lenge to this pr inciple?
7. FEDERALISM
-- compromise between nearly independent States and a unitary
government
Are some issues better solved at the local level?
I n wh a t way s a re t h e s t a tes “ l a bo rato ri es” o f d emo c rac y?
8.
9. SEPARATION OF POWERS
-- e a c h p owe r o f t h e g ov ’ t i s ve s ted i n a s e p ar ate b r a nc h
Legislative: Make the law
Executive: Execute (carry out) the law
Judicial: Interpret and apply the law
Why did the Founders make this a principle of the Constitution?
“ T h e accumulation of al l powers, legislative, executive, and
judiciary, in the same hands, whether of one, a few, or many…
may justly be pronounced the very definition of tyranny. ”
-- James Madison (Federalist 47)
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11. CHECKS AND BALANCES
-- each branch has powers to check the other branches
-- highlights the need for compromise
What role does par tisanship play in this process?
Legislature Executive Judicial
Make laws can veto rule on law
Appropriates $ runs agencies
Approves judges nominates judges
12.
13. JUDICIAL REVIEW
-- not explicit in the Constitution
-- case is made in the Federalist
Papers (51 & 78)
-- established by John Marshal l in
Marbury v. Madison
-- Hami l to n : “ e s s e n t ial s a fe g uar d
against the ef fects of occasional i l l
h umo r s i n s o c i et y. ” – Federalist 78
15. HOW DO WE AMEND?
-- amendment process explained in Ar ticle V
-- four methods for proposal and rati fication
-- only two used
-- 27 amendments
-- F i r s t 10 c a l l ed “ Bi l l o f Ri g h t s”
16. MOST COMMON METHOD
-- used for 26 of 27 amendments
-- proposed by 2/3 vote in each house of Congress
-- rati fied by ¾ of states
How many states are needed for an amendment to be ratified?
Why did the Founders make this so dif ficult?
17. OTHER METHOD
-- proposed by Congress
-- rati fied by State conventions cal led for this purpose
-- only 21st amendment (repeal of Prohibition)
18. BILL OF RIGHTS
-- 3 years af ter ratification
-- basic freedoms (expression, bel ief , protection under the law)
19.
20. FIRST AMENDMENT
Guarantees the Five Freedoms:
Why is there a need to protect speech?
Are there l imits?
22. LATER AMENDMENT HIGHLIGHTS
-- 13, 14, 15: Slavery Amendments
-- 17: Direct election of Senators
-- 18 & 21: Prohibition & Li f ting of Prohibition
-- 19: Woman suf frage
-- 22: Presidential term l imits
-- 26: 18 year olds can vote
23. PROPOSED AMENDMENTS
-- only 33 proposals have ever made it to the states
-- 1861: prohibit any amendments on slavery
-- 1924: Regulation of chi ld labor
-- 1972: ERA
-- 1978: DC representatives in Congress
24. CHANGE BY OTHER MEANS
Five Ways
Basic Legislation
Executive Action
Court Decisions
Party Practices
Custom
25. LEGISLATION
-- Const. vague; details to be
worked out later
-- Example: Constitution only
calls for a Supreme Court,
not lower courts
-- Of fice of the President &
Executive of fices
26. EXECUTIVE ACTION
Case Study: War Powers
-- Congress declares war
-- P r e s i de n t “ C omman d e r i n C h i e f”
-- Presidents deploy the mi l itary without a declaration
Advantages/Disadvantages:
Franklin Roosevelt is the last US
President to ask Congress for a
formal declaration of war.
27. COURT DECISIONS
-- SC decisions have ful l force and ef fect of law
-- Roe v. Wade (abor tion rights); Brown v. Board of Ed.
(segregation)
Woodrow Wilson called the
SC “a constitutional
convention in continuous
session.”
28. PARTY PRACTICES
-- Constitution makes no mention of pol itical par ties
-- presidential nomination process is an invention of the par ties
-- E l e c to r al C o l l e g e n ow a “ r u b be r s t amp ”
George Washington warned
against the “baneful effects
of the spirit of party.”
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30. CUSTOM
NOT IN THE CONSTITUTION
-- the Cabinet (advisory body made of executive depar tments)
-- VP assuming the of fice of the Pres af ter a death (25th
amend. )
-- President serving only two terms (22nd Amendment)
h t tp: / /www. y outube . com/wat ch ? v=VF jHiNdjAz8 (We s t Wi n g 25)
Editor's Notes
Strong enough to unite and protect; responsive enough to preserve liberty, freedom, and popular opinion
Only the people can be the true source of power…
How has the United States changed since 1787?
How has the Constitution kept up with these changes?
Speech, press, religion, assembly, petition
Majority rule, minority rights
What limits do you think there should be?
threats, obscenity, protecting public safety, or national security
“can’t yell ‘fire’ in a crowded movie house”
Provocative, offensive political statements ARE protected
Responsible computer/internet use?
Lead discussion
What limits are placed and why?
Public school v. private school