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About the Constitution
• Brief, about 7000 words
• Strength in the principle, not the detail
• Structure– Preamble ( 6 reasons)– Seven Articles– 27 Amendments
Limited Government
• No government is all-powerful
• Limited by what people allow it to do
• Constitutionalism
• Rule of law
Separation of Powers
• Division of power among three branches– Legislative (Congress)– Executive (President)– Judicial (Courts
Checks and Balances
• Each branch is subject to the restraints by the other two branches
• Page 68 in book
Judicial Review
• Power of courts to determine if what government does is constitutional
• Marbury v. Madison– 1803– Power first used
Federalism
• Powers of government divided between national (federal) government and state governments
• Helped balance the need for a strong national government while allowing for the unique needs of each state
Formal Amendments
• Written changes that become a part of the document itself
• 27 total• Article V gives 4 methods
Four Possible Methods
Proposal by 2/3 vote in each house
Proposal by a National Convention called at the request of 2/3 of the state legislatures (34)
Ratified by ¾ of the state legislatures (38)
Ratified at state conventions in ¾ of the states
1
2
3
4
Example of Federalism
• Always proposed at the National level (2/3)
• Always ratified at the State level (3/4)
Proposed Amendments
• No presidential action is required
• This is NOT law-making
• Only 33 of 10,000 have actually made it to the states
The 27 Amendments
• Bill of Rights– First 10, added in 1791– Constitutional guarantees of
freedom, self-expression, due process of law, and security
• Later Amendments– Not major changes– Most came about due to
historical events
Basic Legislation
• Laws are passed to execute the Constitution’s provisions
• Congress has added to the Constitution by the way it has used many of its powers
Executive Action
President’s use of their powers interpreted differently over the years– Ex. Power as Commander in Chief allows
them to enter war without Congressional approval
Executive Agreements– Foreign affairs
Court Decisions
• Courts interpret and apply the words of the Constitution
• Landmark cases– Marbury v. Madison
(judicial review)– McColluch v. Maryland
(supremacy)– Gibbons v. Ogden
(commerce)
Party Practices
• No mention of political parties
• National conventions held since 1830s
• Role of electoral college (now just rubber stamp)
• System of organizing Congress
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