THE CRISIS OF THE 1850sObjectives: 3:1 Principles of the Constitution
o WHAT: Explain the six basic principles upon which the U.S. Constitution is built.
o WHAT: Explain the operation of the system of checks and balances.
o WHAT: Explain how the principle of federalism came to be embodied in the constitution.
o WHY: 12.1 Students explain the fundamental principles and moral values of American democracy as expressed in the U. S. Constitution and other essential documents of American democracy.
• 1Ki_2:3 And keep the charge of the LORD thy God, to walk in his ways, to keep his statutes, and his commandments, and his judgments, and his testimonies, as it is written in the law of Moses, that thou mayest prosper in all that thou doest, and whithersoever thou turnest thyself:
SIX BASIC PRINCIPLES:
o Popular Sovereignty
o Limited Government
o People are the only source of governmental power.
o Government can govern only with the consent of the governed.
o This is given by the Declaration of Independence and the Constitution.
Limited Government:
o Government is not all-powerful.
o It may do only those things that the people have given it the power to do.
o The people are the only source of any and all the of government’s authority.
o Government has only that authority the people have given it.
o Government must obey the law.
Limited Government:
o The principle is often called constitutionalism.
o That is, that government must be conducted according to constitutional principles.
o It is described as the rule of law.
o Government and its officers are always subject to but never above the law.
o It guarantees basic fundamental rights as stipulated in the bill of rights.
Separation of Powers:
o In a parliamentary government, the basic powers of the government, executive, legislative, and judicial are fused into a single central government.
o The British government is an example.
o In a presidential system, these basic powers are distributed.
o Separated among three distinct and independent branches of the government as in the United States.
Separation of Powers:
o The constitution distributes the powers of the National Government.
o This separation of powers is clearly set forth in specific places in the Constitution.
o Congress is the lawmaking branch of the National Government.
o President is given the law-executing law-enforcing, law-administrating powers of the National Government.
Separation of Powers:
o The Federal courts and most importantly, the Supreme Court, interprets and applies the laws of the United States.
o In cases brought before them (Judicial Branch).
o The Framers of the Constitution intended to create a stronger government for the United States, but they also intended to limit the powers of that government.
o The doctrine of separation of powers was designed to achieve that end result.
Checks and Balances:
o National government is organized around three separate branches.
o The Constitution gives to each branch its own field of governmental authority.
o Legislative, executive, and judicial.
o These three branches are not entirely separated nor completely independent of one another.
o They are tied together by a complex system of checks and balances.
Checks and Balances:
o This means that each branch is subject to a number of constitutional checks (restraints) by the other branches.
o Each branch has certain powers with which it can check the operations and balance the power of the other two.
o Congress has the power to make law, but the President may veto, or reject any act of Congress.
o In turn, Congress can overturn a veto by two-thirds vote in each house.
Checks and Balances:
o Congress can refuse to provide funds requested by the President.
o The Senate may refuse to approve a treaty or an appointment made by the President.
o President has the power to appoint all federal judges and executive offices.
o But they are subject to a majority vote of the Senate to approve.
o Courts can strike down any law made by congress to non-effect if they find it unconstitutional.
Judicial Review:
government actions obeys the
determine the constitutionality
Judicial Review:
o It is the power to declare the actions of the other branches unconstitutional.
o To declare illegal, null and void, no force and effect, a governmental action found to violate some provision in the Constitution.
o The power of judicial review is held by all federal courts and by some state courts.
Federalism:
o Division of power among the central government and several regional governments.
o The framers had to wrestle with difficult issues when creating the Constitution.
o These include:
o How to build a new, stronger, more effective National Government.
o While preserving the existing states and the concept of local self- government.
o A balance between federal and state powers.
o ACTIVITY: Have groups act out the six
principles of the Constitution.
Quiz. https://quizlet.com/_2tjgah
do you feel is the most important and
explain why.
Objectives: 3:2 Formally Amending
informal methods of amending
process through which the
Constitution can be amended.
• Deu_27:8 And thou shalt
FORMALLY AMENDING THE CONSTITUTION:
a living breathing document.
add, and change the
own amendment.
the Constitution’s written words.
o There are two methods for the
ratification of constitutional
FIRST METHOD:
o An amendment may be proposed by a two- thirds vote in each house of Congress.
o 290 members of the House of Representatives and 67 Senators must vote for the proposed Amendment.
o Ratified by three-fourths of the state legislatures OR
o Ratified by conventions in 3/4ths of the States.
o Today, 38 state legislatures must approve an amendment in order to make it a part of the Constitution.
o 26 out of the first 27 amendments were adopted in this manner.
SECOND METHOD:
proposed by a national
convention called by Congress
request it (34).
ratified by 3/4ths of the State
Legislatures.
SECOND METHOD (OTHER OPTION):
o 2/3rds (34) of the States request Congress to calls a national convention to propose an amendment.
o An amendment proposed by Congress and ratified by conventions from 3/4ths of the states (38 States).
o A national convention is a special meeting where representatives from each State come together to vote on an amendment.
o Only the 21st Amendment added in 1933 was adopted in this way.
SECOND METHOD: (OTHER OPTION)
o The people of the State elects delegates to vote on the amendment during a national convention.
o The Supreme Court has held that a state cannot require an amendment proposed by Congress to be approved by a vote of the people of the State before it can be ratified by the state legislature.
SECOND METHOD: (OTHER OPTION)
o If a state rejects a proposed amendment, it is not forever bound by that action.
o It may later reconsider and ratify the proposal.
o But most constitutional scholars agree that the reverse is not true.
o Once a state has approved an amendment, that action is final and unchangeable.
Amending the Constitution
27 AMENDMENTS:
o Congress proposed all of the first 10 amendments in 1789.
o Each of them arose from the controversy surrounding the ratification of the Constitution itself.
o Thomas Jefferson and other antifederalists would support the Constitution only if there was a Bill of Rights.
o This is to protect individual rights from government intrusion.
27 AMENDMENTS:
o Collectively, the first 10 amendments are known as the Bill of Rights.
o They set out the great constitutional guarantees of freedom of expression.
o And belief of freedom and security of the person.
o Of fair and equal treatment before the law.
27 AMENDMENTS:
o Another cluster of amendments came out of the aftermath of the civil war.
o The 13th, 14th, and 15th Amendments.
o Often called the Civil War Amendments.
o The 13th (1865) ended slavery and prohibits most other forms of “involuntary servitude.”
27 AMENDMENTS:
o The 14th defined American citizenship and granted it to former slaves.
o It also contains the Due Process and Equal Protection clauses.
o Which protect basic civil rights from infringement by the States.
o The 15th Amendment (1870) forbids restrictions on the right to vote based upon, “race, color, or previous condition of servitude.”
o Is there an amendment you want to add to
the Constitution? Explain why you would
want to add that amendment.
Chapter 3:3: informally Amending the Constitution
Objectives: 3:3 Informal Amendments
methods of amending the
process through which the
Constitution can be amended.
• (Pro 15:22) Without counsel
counsellors they are
that were made without
written words.
year to year activity of the
government.
legislation by congress.
3. Decisions of the Supreme
Court.
5. Custom
BASIC LEGISLATION: Congress Passing Laws
o Congress passed many laws to spell out several of the Constitution’s brief provisions.
o Congress adds flesh to the bone structure of the Constitution.
o For example, Article II creates only the offices of President and Vice President.
o The many departments, agencies, and offices in the huge executive branch have been created by acts of Congress.
BASIC LEGISLATION:
to the Constitution by the way
in which it has used many of its
powers.
“interstate commerce” through
o “Congress has the power to tax.”
o “Congress can allocate money for the military.”
o Each group acts as Congress, and add details to the above powers.
Executive Action:
o In the Constitution, congress declares war.
o The President is the commander in Chief of the nation’s armed forces.
o Acting under that authority, several Presidents have made war without the benefit of a congressional declaration of war.
o (Vietnam and Korean War).
Executive Agreement:
directly with the head of a
foreign state.
o Executive agreements are as
legally binding as treaties.
especially the U.S. Supreme
many cases they hear.
THE COURTS:
o You are the Supreme Court, and you are hearing a case whether citizens in the United States deserve free health care paid by the government. There is nothing in the Constitution that states that the government should provide for the general welfare, however it does say that the Federal Government must look out for the “General Welfare.” How would your group decide and why?
Party Practices:
of political parties.
and George Washington
despised it.
Party Practices:
o Neither the Constitution, nor any law provides for the nomination of candidates for the presidency.
o From the 1830s, the major parties have held national conventions to do just that.
o Both the House and Senate business is based on the two major political parties.
Party Practices:
o The parties have converted the Electoral College.
o The body (Electoral College) makes the formal selection of the nation’s President, is what the framer’s intended.
o Today it is a “rubber stamp” for the popular vote in presidential elections.
Customs:
strong as written laws.
in our governmental system.
executive departments.
when a President died in office,
the Vice President succeeded to
that office, most recently in 1963.
o The written words of the
Constitution finally provided for
Amendment (1967).
Customs:
o The tradition for running for two-terms for president started with George Washington.
o The no-third term for President was a tradition that FDR broke who ran for four terms.
o The 22d Amendment to the Constitution was passed that limits the President to run for two terms.
o So what has been an informal amendment, became a written part of the Constitution itself.
o Link:
o https://youtu.be/SKXnW3QPlMg
to run more than two terms in office?
POP QUIZ!!!!!!!!!!
C –The Bill of Rights D –CPR
What is considered the living
breathing document?
C –Billy Life D –All of the Above
What was the first ten
amendments to the Constitution
What amendment outlawed
What amendment gave
B Fourteenth A-Thirteenth
What amendment gave the right
to vote to former slaves that
would allow all nationalities to
vote?
C The Majority Rule D –All of the Above
The people are the source of
power of the government through
their votes is called:
C Executive Review D –All of the Above
When the Supreme Court
travel ban order is
C Republic D –All of the Above
When the President could not
prevent a tell all critical book
about him from being published
by presidential authority, this is a
example of:
C Balances and checks D –All of the Above
When Congress passes a law
that makes Toupees illegal and
the President vetoes it.
law unconstitutional.