The Constitution 2021-22

Jefferson

Madison

• Shouldn't be changed on a whim, but be able to change as society changes

• Laws and constitutions grow in authority and acceptance the longer they go unchanged

• Each generation should be regarded as "a distinct nation"

• Changing the Constitution too much could split the country into bitter fractions. Could cause chaos.

Amendment

Process

Difficult, yet

obtainable

"Each generation is as independent as the one preceding... It has then, like them, a right to choose for itself the form of government it believes most promotive of its own happiness."

-Jefferson

"Would not a Government so often revised become too mutable to retain those prejudices in its favor which antiquity inspires...? Would not such a periodical revision engender pernicious factions that might not otherwise come into existence?"

-Madison

Federalism

Amending the Constitution

The powers of government are distributed between the national government and state governments.

Supremacy Clause declares that the Constitution, U.S. laws and treaties are the "supreme law of the land."

10th Amendment- all remaining powers go to the states.

200 Plus Years of The Constitution

What has made the Constitution a document that has survived all these years?

Proposing an Amendment

Amendments: A "How To" Guide

• by Congress, with approval of at least two-thirds of the House and two-thirds of the Senate
• by delegates at a national convention that is called by Congress at the request of at least two-thirds of the state legislatures

Popular Sovereignty

Judicial Review

The Process is described in Article V of the Constitution.

Amendments must be proposed and then ratified.

Ratifying an Amendment

Congress chooses which of the two methods is used.

• Voted on by state legislatures. Legislatures in at least three-fourths of the states must approve an amendment before it is added to the Constitution. States may call for an advisory vote by citizens before it votes on the amendment.
• Citizens elect delegates to conventions called in each state specifically to consider the amendment. Passage by this method requires approval by conventions in at least three-fourths of the states.

The Government gets its authority from the people and the ultimate political power remains with the people.

Power to determine whether the actions of the legislative and executive branches of government are constitutional.

Not following the Constitution? Its unconstitutional.

Marbury v. Madison

Fate of the Amendments

33 amendments have been approved by Congress and sent to the states. 27 of those were approved by the states and added to the Constitution.

How do we exercise our power?

Bill of Rights- 10 amendments passed shorty after the adoption of the Constitution.

17 other amendments have been added since 1789. Most of these were passed in time of crisis or of social and political progress.

Goals of the Constitution

• Form a more perfect union
• Establish justice
• Ensure domestic tranquility
• Provide for the common defense
• Promote the general welfare
• Secure the blessings of liberty

The Constitution

Module 3

Customs & Traditions

• No mention of a Cabinet in the Constitution
• 2 terms until FDR, 22nd Amendment

Political Parties

• Organized group that seeks to win elections in order to influence the activities of government
• Help determine the choice of candidates, policies, and programs presented to voters.
• Have had power to change the Constitution at times

Separation of Powers

Political Parties, Customs, and Traditions

Limited Government

The duties of governing are divided among three branches- Legislative, Executive, and Judicial.

The first three articles of the Constitution list the responsibilities and powers of each branch.

These affect how the Constitution is interpreted, applied, and carried out.

The principle that the powers and functions of government are restricted by the U.S. Constitution and other laws.

Rule of Law- every member of society, including government officials, must obey the law and is never above it.

Checks and Balances

The system that gives each branch of government the power to change or cancel acts of another branch. The system prevents any branch from exerting too much power.

Ex.- President can veto a bill passed by Congress. Congress can override veto with a 2/3 majority.

Applying the Constitution

Executive Agreements

• arrangements or compacts with foreign leaders of foreign leaders or foreign governments

Executive Implementation

Presidents may sometimes exercise their authority in ways the Constitution does not expressly state.

Executive Branch Agencies

Also have rule-making power, which they use to implement Congress's laws.

• Application
• Political Parties, Customs and Traditions
• Criticisms

Legislative Action in Current Events

Legislative Action

Congress has the authority to expand the inferior courts, create departments and agencies, and has to pass laws that go into areas unheard of to the Founding Fathers (Net Neutrality, Texting and Driving Laws, Nuclear Weapons)

Application of the Constitution

Questions About Representation

Wyoming- 500,000 citizens

Missouri- 6,000,000 citizens

California- 37,000,000 citizens

All three have the same number of Senate members.

Voter influence?

Criticisms of the Constitution

• Legislative Action
• Executive Implementation
• Judicial Interpretation

Gridlock

"[Over time] ...the imperfections of a written Constitution will become apparent."

- Thomas Jefferson

The inability to govern effectively due to separation of powers or a conflict between political parties.

Judicial Interpretation

The Supreme Court can interpret the Constitution as it sees fit to adapt to our changing lives.

Congressional Elections, Winner Take All

• In Congressional Elections, the winner gets elected. Nobody else.
• European parliaments use proportional representation. Choose from a list and seats are given to parties based on percentage of votes. Smaller parties still get a spot.

Electoral College

538 people elected from the 50 states and the District of Columbia that elect the President and Vice President.

Electors place their vote based on what candidate won their state.

President and VP may not win popular vote but win election.