The ConstitutionSupreme Law of the Land

Fairly brief document-about 7000 words3 basic parts

Introduction-Preamble-last part written7 numbered articles

27 amendmentssurvives because of built in provisions for

accommodating change

Preamble

• Sets forth 4 elements that form the foundation of the American political tradition

• it creates a people (We, the people)• it explains the reason for the Constitution (in

order to form a more perfect union)• it articulates goals (establish justice, insure

domestic tranquility, etc)• it fashions a government (do ordain & establish

this Constitution)

Articles I-III 3 different branches

• Article I-Legislative Branch (Congress)

• Article II-Executive Branch (President)

• Article III-Judicial Branch (Courts)

Article IV

• the States & their relationship to the National government

Article V

• how to amend but no amendment may deprive a state of equal representation in the Senate

Article VI

• supreme law of the land

Article VII

• requirements for ratification

6 basic principles

popular sovereignty rule by the people limited government only power given

by the people separation of powers among the 3

branches checks & balances of each other judicial review by the courts federalism division of power

between national & state governments

Formal Amendments

Proposal amendment may be proposed by a 2/3 vote

in both the House & the Senate or by a national convention summoned by

Congress at the request of 2/3 (34) of the state legislatures

All amendments have been proposed by the 1st method.

Formal Amendments

Ratification can be ratified by the legislatures of ¾ (38) of

the states or by a vote of constitutional conventions held

in ¾ of the states Congress chooses the method of ratification;

has used the convention method only once (21st amendment to repeal the 18th amendment)

Amendments

Amendments are not sent to the president. Example of the principle of federalism-proposal by the national government and ratification by the states

The Framers purposely made it difficult to propose & ratify amendments-they wanted only the most significant issues to lead to constitutional change-requires extraordinary majorities.

Informal Amendment

Informal amendments are changes in the Constitution that are made without any change in its written words-this is the most common way to change the Constitution

Basic legislation by Congress

-departments & offices of the Executive branch

-regulation of foreign & interstate commerce -Judicial Act of 1789-set up the lower courts

Actions of the president

-War by president without declaration by Congress

-Executive agreements with heads of foreign states-this is not expressly stated in the Constitution

• Key decisions of the Supreme Court

activities of political parties

• -never mentioned in the Constitution

• -electoral college acting as a “rubber stamp” for the popular vote

Custom

-the 15 executive departments of the Cabinet; informal process of the President

-Senatorial courtesy-Senate will only approve appointees that are acceptable to the Senator(s) of the state involved (i.e. federal judges, US marshal)