Nuts and Bolts of the Constitution

Review: The Principles

• Popular Sovereignty • Limited gov’t aka “Constitutionalism” or “rule of law”• Separation of Powers (SoP)• Checks and Balances• Judicial Review• Federalism

< How are these two different?

Use your Constitutions to answer the following• How many amendments are there to the constitution?• 27

• How many formal methods of amendment does the Constitution provide?• 4

• What was the purpose for the 21st Amendment?• Repeal Prohibition

How to make changes? Formal Amendments• Formal Amendments – changes or additions that become part of the

written language of the Constitution itself

• Article 5

• How many amendments are there? Take a look!

• The 1st Ten Amendments are called _______________

Proposed by Congress by a 2/3

vote in BOTH houses

Ratified by ¾ of the State Legislatures

Ratified by conventions in ¾ of the StatesOR

Proposed at a National Convention

created by Congress when requested by 2/3

of the State leg.

Ratified by ¾ of the State Legislatures

Ratified by conventions in ¾ of the StatesOR

How does this reflect the concept of federalism?

Change by other means (or interpretations)1. The passage of basic legislation by Congress2. Actions taken by the president3. Key decisions of the Supreme Court4. Activities of political parties5. Customs and usage

Did the Framers layout the provisions of the Constitution in a general or specific manner?

General!!Enables flexibility to change

through interpretation and practice?

Is flexibility good for gov’t?

Basic Legislation – Congress has made a lot of changes1. passed a number of laws clarifying several of the Constitution’s

provisions“flesh and bones”Ex. – Judiciary Act of 1789, creation of executive offices

2. How it uses power - expandsEx. Regulate interstate commerce

Executive Actions• How Presidents use their power• Ex - Commander in Chief

http://www.pbs.org/newshour/extra/daily_videos/obama-sends-more-u-s-troops-to-iraq-for-fight-against-isil/

• Executive agreement – agreement between the President directly with the head of a foreign state• Doesn’t need Senate approval for this, but would need it for a treaty

• Executive Power – Section 1 of Art. 2 • Ex. TJ and the Louisiana Purchase in 1803• Obama and immigration

https://youtu.be/j-6cvLqtNkY • http://www.pbs.org/newshour/extra/student_voices/undocumented-student/

Court Decisions

• The United States Supreme Court (SCOTUS)• Maurbury vs Madison – we’ll learn more about this when we go into depth on

the courts

• Judicial Review – is this in the Constitution?

Party Practices

• What?? The Constitution doesn’t even talk about political parties!!!!

• How do we nominate the President?• National Conventions

• Congress and “party lines”

Custom and Usage• Unwritten customs just as important as written law??

• State of the Union Speech (WW revived speech in 1919, after 112 yrs)• http://www.pbs.org/newshour/extra/daily_videos/state-of-the-union-recap-

for-students/

• 15 executive departments make up the Cabinet – an advisory board to the President

• Succession? • Constitution says – powers will pass to VP, not the

office itself• JFK died in 1963, LBJ still takes office

• 25th Amend, 1967

Identify each of the following changes as coming from legislation, executive action, court decisions, party practices, or custom.

1. A law supporting segregation in schools is overturned.2. The President appoints a conservative judge to please the party’s

conservative supporters. 3. The State of the Union address is given each year at roughly the same

time. 4. The Civil Rights Act of 1964 extends protections against discrimination. 5. The President sends troops on a peacekeeping mission to an area torn

by civil war.

Exit slip:

President Woodrow Wilson once described the Supreme Court as

“a constitutional convention in continuous session.”

Explain what he means.