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Nuts and Bolts of the Constitution Review: The Principles Popular Sovereignty Limited gov’t aka “Constitutionalism” or “rule of law” Separation of Powers

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Nuts and Bolts of the Constitution

Nuts and Bolts of the Constitution Review: The PrinciplesPopular Sovereignty Limited govt aka Constitutionalism or rule of lawSeparation of Powers (SoP)Checks and BalancesJudicial ReviewFederalism < How are these two different?Use your Constitutions to answer the followingHow many amendments are there to the constitution?27How many formal methods of amendment does the Constitution provide?4What was the purpose for the 21st Amendment?Repeal Prohibition How to make changes? Formal AmendmentsFormal 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 housesRatified by of the State LegislaturesRatified by conventions in of the StatesORProposed at a National Convention created by Congress when requested by 2/3 of the State leg.Ratified by of the State LegislaturesRatified by conventions in of the StatesORHow does this reflect the concept of federalism?Change by other means (or interpretations)The passage of basic legislation by CongressActions taken by the presidentKey decisions of the Supreme CourtActivities of political partiesCustoms and usagebasic legislation (Congress passes laws to fill in details when the Constitution is not specific enough.) executive action (Presidents use powers not clearly given to them by the Constitution.) court decisions (The courts interpret the Constitution in the cases they hear.) party practices (Parties decide how candidates for President are nominated. They also influence government in many other ways.) custom and usage (Government officials follow unwritten customs as if they are rules.)9Did 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 govt?Basic Legislation Congress has made a lot of changes passed a number of laws clarifying several of the Constitutions provisionsflesh and bonesEx. Judiciary Act of 1789, creation of executive officesHow it uses power - expandsEx. Regulate interstate commerce

No person.shall, on the basis of sec, be excluded from participation in.any educational program or activityNo more women are attending college and serving n faculties (med and law school, ex)Before tittle 9 only 300,000 HS girls participated in sports (only few comp sports even aval to them)Now by 2005 2.95 million 12

Executive ActionsHow Presidents use their powerEx - 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 stateDoesnt 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 1803Obama and immigration https://youtu.be/j-6cvLqtNkY http://www.pbs.org/newshour/extra/student_voices/undocumented-student/

Court DecisionsThe United States Supreme Court (SCOTUS)Maurbury vs Madison well learn more about this when we go into depth on the courts

Judicial Review is this in the Constitution?

Party Practices What?? The Constitution doesnt even talk about political parties!!!!

How do we nominate the President?National Conventions

Congress and party lines

Custom and UsageUnwritten 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 theoffice itselfJFK died in 1963, LBJ still takes office25th Amend, 1967

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

A law supporting segregation in schools is overturned.The President appoints a conservative judge to please the partys conservative supporters. The State of the Union address is given each year at roughly the same time. The Civil Rights Act of 1964 extends protections against discrimination. 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.