The Living Constitution: Ch 3 Section 2 And 3

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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The Living Constitution

Chapter 3 sec 2 and 3

04/11/23

12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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Topics

I. Basic Information

II. Formal methods of change

III. Informal methods of change.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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I. Basic Information

A. The Preamble

B. The Articles

C. The Bill of Rights

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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B. The Articles

• Divided into 7 articles, each of which is divided into smaller sections.– Article I: Legislative Branch– Article II: Executive Branch– Article III: Judicial Branch– Article IV: Relations Among the States– Article V: Amendments– Article VI: General Provisions– Article VII: Ratification

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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C. The Bill of Rights

• 1st 10 amendments of Constitution

• Placed restrictions on power of Federal government

• Protected the Rights of citizens

• Also Protected powers of States.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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II. Formal methods of change

A. The Amendment process

B. Proposal

C. Ratification

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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A. The Amendment process

• Allowed for the constitution to adapt to new and unforeseen issues.

• While flexible, it is not an easy system to change.

• Only 27 amendments have been passed.– The First 10 are the Bill of Rights.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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A. Proposal

• Methods of proposing an amendment.– By congress with a 2/3 vote of both houses.– By constitutional convention at the request of

2/3 of the state legislatures.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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B. Ratification

• Methods of ratification– By constitutional convention in ¾ of the

states.– By legislature in ¾ of the states

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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III. Informal methods of Change

A. Basic Legislation

B. Executive action

C. Court Decisions

D. Party Practices

E. Custom

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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A. Basic Legislation

• The Constitution is written in Broad language’– permits interpretation.– No lists or definitions are used.– Congress has the power to “regulate commerce”

• Congress has passed laws to flesh out the framework work of the constitution.– Court system,Military, Federal Bureaucracy.

• The Elastic Clause.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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The Elastic Clause

• Allows congress to make “ all laws that are necessary and proper” to conduct the business of government.

• Hamilton argued that this gave the Federal government Implied powers not specifically mentioned in the Constitution.

• Examples – National bank.– Federal Reserve.– Labor laws.– Department of Interior etc.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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B. Executive action

• Presidents have expanded the power of the Executive Branch.– T. Roosevelt and wildlife preserves

• Executive Agreements versus Treaties.– Executive agreements not need senate

approval.– Treaties do.

• Executive signing orders (Bush)– Presidential interpretations of the law

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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C. Court Decisions

• The Power of interpretation– Judicial Review and Marbury vs Madison.

• Famous cases. – Plessy vs Ferguson– Brown vs Board.– Roe vs Wade.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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D. Party Practices

• States conduct elections, but parties run the nominating conventions.– Caucuses– primaries

• The Electoral college is now more of a rubber stamp to political parties.

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12.1 Explain the fundamental principles and moral values of American democracy as expressed in the U.S. Constitution and other essential documents of American democracy.

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E. Custom

• The formation of the cabinet• The Vice President replacing the President.

– Actually spelled out in the 25th amendment.

• Senatorial Courtesies– Presidential appointees are approved by senate that

are acceptable to the state Senator.