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Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2Constitutional Foundations
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Learning Objectives
2.1
2.2
2
Describe the basic structure of the
Constitution and its Bill of Rights
Analyze how the Constitution grants,
limits, separates, and balances
governmental power
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Explain how the use of judicial review
strengthens the courts in a
separation of powers system
Assess how the Constitution has
evolved through changes in the
informal, unwritten Constitution
2Learning Objectives
2.3
2.4
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
8.2
Describe the processes by which
formal changes to the Constitution
can be made
2Learning Objectives
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Views of the Constitution
 Constitution has lasted
 Flexible, adaptable
 Natural law
 Symbolic value, revered
 Most Americans ignorant of what is
actually inside
2.1
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
National Archives 2.1
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
James Madison 2.1
The fourth president of the
United States (1809–1817)
and an author of The
Federalist Papers.
Madison’s view on a
separated system of
government, in which each
branch checks and balances
the power of the other
branches, shaped our
governmental structure.
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.1 Why has the Constitution
endured?
2.1
a. It is flexible and adaptable.
b. It gives the government so much power,
the people can’t change it.
c. It is against the law to change it.
d. It is too difficult to write a new one.
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
a. It is flexible and adaptable.
b. It gives the government so much power,
the people can’t change it.
c. It is against the law to change it.
d. It is too difficult to write a new one.
2.1
2.1 Why has the Constitution
endured?
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Checking Power with Power
 Separation of Powers
 Checks and Balances: Ambition to
Counteract Ambition
 National Political Parties and Interest
Groups
 Expansion of the Electorate and the Move
Toward More Direct Democracy
 Changes in Technology
 Growth of Presidential Power
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Separation of Powers - the
distribution of constitutional authority among the
three branches of government.
 Tyranny of the majority
 Prevention was Framers’ goal
 Intrinsic value of dispersion of power
 John Locke and Baron Montesquieu wrote about this
 Colonial government
 Trial and error with concentration of power
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Checks and Balances:
Ambition to Counteract Ambition
 Prevent separated powers from pooling
authority
 Avoid autocracy
 Each branch politically independent
 Elected separately
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
TABLE 2.1: Exercise of checks and balances,
1789-2012
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
FIGURE 2.1: Separation of powers and checks
and balances
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
National Political Parties and
Interest Groups
 Partisanship - strong allegiance to one’s own
political party, leads to unwillingness to compromise with
opposing party
 Divided government
 One party controls Congress
 Other party controls presidency
 Unified government
 One party controls legislature and presidency
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Expansion of the Electorate and the
Move Toward More Direct Democracy
 Electoral College - system in which electors chosen by
state legislatures choose the president
 Franchise expanded – now all citizens over 18
 Seventeenth Amendment
 Senators popularly elected
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Changes in Technology
 Televised government
 24-hour news
 Public opinion polls
 Popular appeals from president
 Increased power of interest groups
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Changing Demographics 2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.2
Money in Elections
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Growth of Presidential Power
 Global problems create crises for U.S.
 Sources of presidential power
 Constitutional
 Political
 Emergency
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.2 Which of these was separation of
powers instituted to prevent?
a. Oligarchy
b. Tyranny
c. Monarchy
d. Federalism
2.2
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.2
a. Oligarchy
b. Tyranny
c. Monarchy
d. Federalism
2.2 Which of these was separation of
powers instituted to prevent?
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Judicial Review and the
“Guardians of the Constitution”
 Judicial Review – the power of the courts to strike
down acts of Congress, the executive branch, and the
states as unconstitutional
 Origins of Judicial Review
 Marbury v. Madison
2.3
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Origins of Judicial Review
 Who decides disputes over the meaning
of the Constitution?
 Federalists thought the Supreme Court should
 Anti-Federalists thought state legislatures should
 Jeffersonian Republicans - descendants of the
Anti-Federalists, though state legislatures should have this power
2.3
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Marbury v. Madison
 Justices of the peace appointed
 Commissions undelivered
 Writ of mandamus – a court order directing an
official to perform an official duty
 Dilemma for the Court
 Marshall gives Court power of judicial
review – (The Supreme Court now has the authority
to interpret the Constitution and declare laws to be
unconstitutional)
2.3
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Chief Justice John Marshall 2.3
Our most influential
Supreme Court justice
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.3
Handgun Restrictions
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.3 What power was granted to the
Court by the decision in the case
Marbury v. Madison?
2.3
a. Issuance of writs of mandamus
b. Judicial review
c. Issuance of ex post facto laws
d. Madisonian oversight
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
a. Issuance of writs of mandamus
b. Judicial review
c. Issuance of ex post facto laws
d. Madisonian oversight
2.32.3 What power was granted to the
Court by the decision in the case
Marbury v. Madison?
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Informal Change:
The Unwritten Constitution
 Congressional Elaboration – legislation that
gives further meaning to the Constitution based on
sometimes vague constitutional authority
 Presidential Practices
 Judicial Interpretation
2.4
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Congressional Elaboration
 Legislation using “necessary and proper”
clause
 Judiciary Act of 1789
 Impeachment – the first step in removal from
office after a formal accusation
 Used twice
 Commerce clause
2.4
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Presidential Practices
 Power and authority have increased
 Executive orders – a president’s or governor’s
formal order to an agency
 Executive privilege – the power to keep executive
communications confidential, especially if related to
national security
 Impoundment – a decision by the president not to
spend money appropriated by Congree – now prohibited
under federal law
2.4
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Judicial Interpretation
 Marbury v. Madison (1803)
 Establishes judicial review
 So important it’s worth mentioning again
 Originalist approach – the Constitution has a
fixed meaning
 Adaptive approach – the Constitution should be
flexible and responsive to the changing needs of the
times
2.4
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.4
a. Executive privilege
b. Impoundment
c. Legislative interpretation
d. Executive orders
2.4 Directives issued by the president
that carry the force of law are called…
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.4 Directives issued by the president
that carry the force of law are called…
a. Executive privilege
b. Impoundment
c. Legislative interpretation
d. Executive orders
2.4
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Changing the Letter of the
Constitution
 Proposing Amendments - proposed by either a two-
thirds vote in the House and Senate, or by a national convention of
the legislatures in two-thirds of the states
 Ratifying Amendments - ratified either by the
legislatures in three-fourths of the states or by special ratifying
conventions in three-fourths of the states.
 Ratification Politics
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Proposing Amendments
 Two methods but only one used:
 Two-thirds vote of both houses
 27 out of 31 ratified
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
FIGURE 2.2: Four methods of amending the
Constitution
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Proposing Amendments
 Why amend the Constitution?
 Flag burning example
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Flag burning 2.5
The Court has ruled that flag
burning is protected as form of
expression under the First
Amendment.
But a Constitutional amendment
to ban it has wide support in
some areas of the country.
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
TABLE 2.2: Amending power and how it has
been used
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Ratifying Amendments
 Two methods of ratification:
 Approval by the legislatures in three-fourths of the
states
 Used for all but 21st
Amendment
 Approval by special ratifying conventions in three-
fourths of the states
 7-year time limit
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
FIGURE 2.3: The time for ratification of the
27 amendments to the Constitution
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
Ratifying Politics
 Constitution difficult to amendment
 Fierce political battles
 ERA (Equal Rights Amendment) provides
example
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
ERA 2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.5 How many times has the
Constitution been amended?
a. 10
b. 27
c. 26
d. 31
2.5
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
2.5
a. 10
b. 27
c. 26
d. 31
2.5 How many times has the
Constitution been amended?
Copyright © 2015 by Pearson Education, Inc. All rights reserved.
What are some of the informal ways that
the Constitution can be effectively amended
by changes in interpretation? How has each
branch of government used new
interpretations of the Constitution to its
advantage?
Discussion Question 2

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Magleby chapter2 ppt

  • 1.
  • 2. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2Constitutional Foundations
  • 3. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Learning Objectives 2.1 2.2 2 Describe the basic structure of the Constitution and its Bill of Rights Analyze how the Constitution grants, limits, separates, and balances governmental power
  • 4. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Explain how the use of judicial review strengthens the courts in a separation of powers system Assess how the Constitution has evolved through changes in the informal, unwritten Constitution 2Learning Objectives 2.3 2.4
  • 5. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 8.2 Describe the processes by which formal changes to the Constitution can be made 2Learning Objectives 2.5
  • 6. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Views of the Constitution  Constitution has lasted  Flexible, adaptable  Natural law  Symbolic value, revered  Most Americans ignorant of what is actually inside 2.1
  • 7. Copyright © 2015 by Pearson Education, Inc. All rights reserved. National Archives 2.1
  • 8. Copyright © 2015 by Pearson Education, Inc. All rights reserved. James Madison 2.1 The fourth president of the United States (1809–1817) and an author of The Federalist Papers. Madison’s view on a separated system of government, in which each branch checks and balances the power of the other branches, shaped our governmental structure.
  • 9. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.1 Why has the Constitution endured? 2.1 a. It is flexible and adaptable. b. It gives the government so much power, the people can’t change it. c. It is against the law to change it. d. It is too difficult to write a new one.
  • 10. Copyright © 2015 by Pearson Education, Inc. All rights reserved. a. It is flexible and adaptable. b. It gives the government so much power, the people can’t change it. c. It is against the law to change it. d. It is too difficult to write a new one. 2.1 2.1 Why has the Constitution endured?
  • 11. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Checking Power with Power  Separation of Powers  Checks and Balances: Ambition to Counteract Ambition  National Political Parties and Interest Groups  Expansion of the Electorate and the Move Toward More Direct Democracy  Changes in Technology  Growth of Presidential Power 2.2
  • 12. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Separation of Powers - the distribution of constitutional authority among the three branches of government.  Tyranny of the majority  Prevention was Framers’ goal  Intrinsic value of dispersion of power  John Locke and Baron Montesquieu wrote about this  Colonial government  Trial and error with concentration of power 2.2
  • 13. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Checks and Balances: Ambition to Counteract Ambition  Prevent separated powers from pooling authority  Avoid autocracy  Each branch politically independent  Elected separately 2.2
  • 14. Copyright © 2015 by Pearson Education, Inc. All rights reserved. TABLE 2.1: Exercise of checks and balances, 1789-2012 2.2
  • 15. Copyright © 2015 by Pearson Education, Inc. All rights reserved. FIGURE 2.1: Separation of powers and checks and balances 2.2
  • 16. Copyright © 2015 by Pearson Education, Inc. All rights reserved. National Political Parties and Interest Groups  Partisanship - strong allegiance to one’s own political party, leads to unwillingness to compromise with opposing party  Divided government  One party controls Congress  Other party controls presidency  Unified government  One party controls legislature and presidency 2.2
  • 17. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Expansion of the Electorate and the Move Toward More Direct Democracy  Electoral College - system in which electors chosen by state legislatures choose the president  Franchise expanded – now all citizens over 18  Seventeenth Amendment  Senators popularly elected 2.2
  • 18. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Changes in Technology  Televised government  24-hour news  Public opinion polls  Popular appeals from president  Increased power of interest groups 2.2
  • 19. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Changing Demographics 2.2
  • 20. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.2 Money in Elections
  • 21. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Growth of Presidential Power  Global problems create crises for U.S.  Sources of presidential power  Constitutional  Political  Emergency 2.2
  • 22. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.2 Which of these was separation of powers instituted to prevent? a. Oligarchy b. Tyranny c. Monarchy d. Federalism 2.2
  • 23. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.2 a. Oligarchy b. Tyranny c. Monarchy d. Federalism 2.2 Which of these was separation of powers instituted to prevent?
  • 24. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Judicial Review and the “Guardians of the Constitution”  Judicial Review – the power of the courts to strike down acts of Congress, the executive branch, and the states as unconstitutional  Origins of Judicial Review  Marbury v. Madison 2.3
  • 25. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Origins of Judicial Review  Who decides disputes over the meaning of the Constitution?  Federalists thought the Supreme Court should  Anti-Federalists thought state legislatures should  Jeffersonian Republicans - descendants of the Anti-Federalists, though state legislatures should have this power 2.3
  • 26. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Marbury v. Madison  Justices of the peace appointed  Commissions undelivered  Writ of mandamus – a court order directing an official to perform an official duty  Dilemma for the Court  Marshall gives Court power of judicial review – (The Supreme Court now has the authority to interpret the Constitution and declare laws to be unconstitutional) 2.3
  • 27. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Chief Justice John Marshall 2.3 Our most influential Supreme Court justice
  • 28. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.3 Handgun Restrictions
  • 29. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.3 What power was granted to the Court by the decision in the case Marbury v. Madison? 2.3 a. Issuance of writs of mandamus b. Judicial review c. Issuance of ex post facto laws d. Madisonian oversight
  • 30. Copyright © 2015 by Pearson Education, Inc. All rights reserved. a. Issuance of writs of mandamus b. Judicial review c. Issuance of ex post facto laws d. Madisonian oversight 2.32.3 What power was granted to the Court by the decision in the case Marbury v. Madison?
  • 31. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Informal Change: The Unwritten Constitution  Congressional Elaboration – legislation that gives further meaning to the Constitution based on sometimes vague constitutional authority  Presidential Practices  Judicial Interpretation 2.4
  • 32. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Congressional Elaboration  Legislation using “necessary and proper” clause  Judiciary Act of 1789  Impeachment – the first step in removal from office after a formal accusation  Used twice  Commerce clause 2.4
  • 33. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Presidential Practices  Power and authority have increased  Executive orders – a president’s or governor’s formal order to an agency  Executive privilege – the power to keep executive communications confidential, especially if related to national security  Impoundment – a decision by the president not to spend money appropriated by Congree – now prohibited under federal law 2.4
  • 34. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Judicial Interpretation  Marbury v. Madison (1803)  Establishes judicial review  So important it’s worth mentioning again  Originalist approach – the Constitution has a fixed meaning  Adaptive approach – the Constitution should be flexible and responsive to the changing needs of the times 2.4
  • 35. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.4 a. Executive privilege b. Impoundment c. Legislative interpretation d. Executive orders 2.4 Directives issued by the president that carry the force of law are called…
  • 36. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.4 Directives issued by the president that carry the force of law are called… a. Executive privilege b. Impoundment c. Legislative interpretation d. Executive orders 2.4
  • 37. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Changing the Letter of the Constitution  Proposing Amendments - proposed by either a two- thirds vote in the House and Senate, or by a national convention of the legislatures in two-thirds of the states  Ratifying Amendments - ratified either by the legislatures in three-fourths of the states or by special ratifying conventions in three-fourths of the states.  Ratification Politics 2.5
  • 38. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Proposing Amendments  Two methods but only one used:  Two-thirds vote of both houses  27 out of 31 ratified 2.5
  • 39. Copyright © 2015 by Pearson Education, Inc. All rights reserved. FIGURE 2.2: Four methods of amending the Constitution 2.5
  • 40. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Proposing Amendments  Why amend the Constitution?  Flag burning example 2.5
  • 41. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Flag burning 2.5 The Court has ruled that flag burning is protected as form of expression under the First Amendment. But a Constitutional amendment to ban it has wide support in some areas of the country.
  • 42. Copyright © 2015 by Pearson Education, Inc. All rights reserved. TABLE 2.2: Amending power and how it has been used 2.5
  • 43. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Ratifying Amendments  Two methods of ratification:  Approval by the legislatures in three-fourths of the states  Used for all but 21st Amendment  Approval by special ratifying conventions in three- fourths of the states  7-year time limit 2.5
  • 44. Copyright © 2015 by Pearson Education, Inc. All rights reserved. FIGURE 2.3: The time for ratification of the 27 amendments to the Constitution 2.5
  • 45. Copyright © 2015 by Pearson Education, Inc. All rights reserved. Ratifying Politics  Constitution difficult to amendment  Fierce political battles  ERA (Equal Rights Amendment) provides example 2.5
  • 46. Copyright © 2015 by Pearson Education, Inc. All rights reserved. ERA 2.5
  • 47. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.5 How many times has the Constitution been amended? a. 10 b. 27 c. 26 d. 31 2.5
  • 48. Copyright © 2015 by Pearson Education, Inc. All rights reserved. 2.5 a. 10 b. 27 c. 26 d. 31 2.5 How many times has the Constitution been amended?
  • 49. Copyright © 2015 by Pearson Education, Inc. All rights reserved. What are some of the informal ways that the Constitution can be effectively amended by changes in interpretation? How has each branch of government used new interpretations of the Constitution to its advantage? Discussion Question 2

Hinweis der Redaktion

  1. In two major Second Amendment cases in 2008 and 2010, the U.S. Supreme Court struck down a broad ban on handguns in the District of Columbia and found that states, as well as the federal government, were required to abide by Second Amendment protections of the right to bear arms. This right is guaranteed in the Constitution. This brief document established an enduring system of government. However, debate over its meaning continues today. In this chapter we will learn much more about our Constitution.
  2. In this chapter, we discuss our constitutionally arranged system of separation of powers and checks and balances, as well as how special-interest groups and political parties try to circumvent these protections.
  3. We will see how the judiciary came to be widely accepted as the final interpreter of constitutional meaning and the way both the executive and the legislature have used the Constitution to pursue their own ends.
  4. Finally, we examine the difficult process through which citizens can amend the Constitution. As the Framers intended, it is no small feat, and one that is an important factor in the stability of our Constitution.
  5. The Constitution’s basic structure is straightforward. Despite its brevity, the Constitution firmly established the Framers’ experiment that each generation reinterprets and renews. That is why, after more than 225 years, we have not had another written Constitution. Part of the reason is the public’s widespread acceptance of the Constitution. The Constitution has also endured because it’s a brilliant structure for limited government and one that the Framers designed to be both adaptable and flexible. The Constitution stands for liberty, equality, and limited or expanded government—indeed, it stands for just about anything anyone wants to read into it. The Constitution has taken on the aura of natural law—law that defines right from wrong. This is higher than human law. The Constitution has become a symbol of national unity and loyalty, evoking both emotional and intellectual support from Americans, regardless of their differences. The Constitution is more than a symbol, however. It is the supreme and binding law that both grants and limits powers. Even today, U.S. citizens generally revere the Constitution, even though many don’t know what’s in it.
  6. You can view the original U.S. Constitution at the National Archives in Washington, D.C.
  7. James Madison was the fourth president of the United States (1809–1817) and an author of The Federalist Papers. Madison’s view on a separated system of government, in which each branch checks and balances the power of the other branches, shaped our governmental structure.
  8. Now, let’s have a review question based on what we’ve just gone over.
  9. The Constitution was vague for a reason. The Framers knew that it had to be flexible enough to meet changing times, but also strong enough to endure.
  10. The U.S. Constitution separates power vested in the three branches of our government. The legislature has the power to create law. The executive has the power to enforce the law. And the judiciary interprets the law. None of the branches depends on the others for its authority, and each branch has the power to limit the others. Competing interests within this structure check and balance one another. Political parties may sometimes overcome the separation of powers, especially if the same party controls both houses of Congress and the presidency. Typically, this is not the case, however, and a divided government intensifies checks and balances. Presidential power, which has increased over time, has sometimes overcome restraints the Constitution imposes on it.
  11. The separation of powers is the distribution of constitutional authority among the three branches of government. It is the first step against tyranny of the majority. Political philosophers read by the educated citizens of the era, including John Locke and Baron Montesquieu, wrote about the intrinsic value of the dispersion of power. The colonists had avoided concentrating power in their colonial governments, and their bad experiences with this confirmed their belief in the separation of powers. Activity: Ask your class to list specific examples of the concepts of separation of powers, and checks and balances among the legislative, executive, and judicial branches. Using modern presidencies as a reference, ask your students to evaluate whether the checks and balances designed by the Framers of the Constitution are adequate to prevent the abuse of executive power.
  12. The Framers added a system of checks and balances to the separation of powers. Madison’s idea to avoid autocracy, one person with unlimited power, was to give each branch the constitutional power to check the others. For example, Congress enacts legislation, which the president can either sign into law or veto. Each branch is also politically independent of the others. Voters in each local district choose members of the House. Voters in each state choose senators. And the president is elected by the voters in all the states, through the Electoral College. The president appoints federal judges with the consent of the Senate. The Framers also ensured that a majority of the voters could win control over only part of the government at one time. In an off-year (nonpresidential) election where a new majority might take control of the House of Representatives, the president still has at least two more years, and senators hold office for six years.
  13. Let’s look at this table about some checks. Does the relative infrequency of veto overrides surprise you? Why or why not? Are there other checks Congress can use against the president?
  14. Let’s examine the checks and balances. The judiciary can check both Congress and the president by declaring laws unconstitutional. The president can check the power of Congress by vetoing legislation. Congress can check the power of the president by overriding his veto. What are some other examples of checks and balances?
  15. Political parties can serve as unifying factors, but strong allegiance to one’s own political party, called partisanship, often leads to an unwillingness to compromise with members of the opposing party. Partisanship is intensified in situations of divided government, when one party controls Congress and the other party controls the White House. But research seems to indicate that just as many are passed during this as during unified government, when one party controls both the legislature and the presidency.
  16. The Electoral College was another provision of the Constitution meant to buffer against the majority. The Framers wanted the Electoral College, a system in which electors chosen by state legislatures choose the president, rather than leaving the job to ordinary citizens. That system is undermined now by the fact that most states pledge their electoral votes to the candidate who wins the popular vote in that state. The kind of people allowed to vote has expanded from free, white, property-owning males to include all citizens over the age of 18. Since the ratification of the Seventeenth Amendment in 1913, senators are no longer elected by state legislatures but are chosen directly by the people.
  17. Because of new technologies, today’s system of checks and balances operates differently from the way it did in 1789. We live in a time of instant electronic communication. Polls tell us what people are thinking about public issues almost from one day to the next. These new technologies have added to the powers of presidents by permitting them to appeal directly to millions of people and giving them immediate access to public opinion. New technologies have also given greater independence and influence to nongovernmental institutions such as special-interest groups and the press.
  18. Voters now reflect the changing demographics of the United States. What effect might their increased participation have on elections?
  19. In 2012, Linda McMahon, former CEO of World Wrestling Entertainment, used her personal fortune to outspend her primary challenger for an open Senate seat in Connecticut at a rate of nearly 12 to 1. What effect does money have on elections?
  20. Today, problems elsewhere in the world—Afghanistan, Israel, Pakistan, Iran, and North Korea, for example—often create crises for the United States. The need to deal with perpetual emergencies has focused power in the hands of the chief executive. The president of the United States has emerged as the most significant player on the world stage. Drawing on constitutional, political, and emergency powers, the president can sometimes overcome the restraints the Constitution imposes on the exercise of governmental power—to the applause of some and the alarm of others.
  21. Here’s a quick question about the previous section.
  22. The Framers feared tyranny, having fought a war against a king. They not only separated the powers of the three branches, but also created a system of checks and balances.
  23. Judicial review is the power of the courts to strike down acts of Congress, the executive branch, and the states as unconstitutional. This authority provides the judiciary a powerful check on the other branches of government. In deciding that it lacked the jurisdiction to order delivery of a judicial commission, the Supreme Court, in Marbury v. Madison, established its authority to rule an act of the federal legislature unconstitutional. The Court’s decision greatly enhanced the role of the judiciary in a separation-of-powers system.
  24. Who has the authority to decide disputes over the meaning of the Constitution? The document itself does not say. Today, most scholars agree that the Framers intended for the Supreme Court to have this power. The Federalists agreed, but the Jeffersonian Republicans, descendants of the Anti-Federalists, thought that state legislatures should have this power. The Jeffersonian Republicans won the presidency and both houses of Congress in 1800, but the justices on the Supreme Court, who were appointed for life, remained Federalists.
  25. On his last day in office, president John Adams appointed a slate of federal judges, “packing” the courts with Federal judges. The commissions had been approved by Congress. When new president Thomas Jefferson saw that these commissions had not been delivered by the outgoing secretary of state, he decided to ignore them. One of the newly appointed justices who never received his commission, William Marbury, appealed to the Supreme Court to issue a writ of mandamus, and order the secretary of state to deliver the commission. Chief Justice John Marshall feared that if the Court issued the writ, Jefferson and Madison would ignore it. The Court would be powerless. If the Court refused to issue the writ, the judges would appear to support the Jeffersonian Republicans’ claim that the Court had no authority to interfere with the executive. In a brilliant decision, Marshall declared that the Court had no authority to issue the writ because the law authorizing it to do so was unconstitutional. Marbury did not receive his commission. Marshall and the Court gained an important power: to declare laws passed by Congress unconstitutional. The Court strengthened its position as the interpreter of what is constitutional.
  26. Chief Justice John Marshall (1755–1835) is our most influential Supreme Court justice. Marshall did not say that the Court was the only interpreter of the Constitution, but his assertion for federal judicial power to interpret and apply the Constitution gave the Courts more power.
  27. If you recall, we talked about gun ownership in the chapter opener. Interest groups can file lawsuits to challenge policies. They use the courts to bring about change, without having to get a bill passed in Congress. In this photo, a man shops for his first handgun following the Supreme Court’s 2008 decision affirming individual citizens’ right to own handguns, and thus making it more difficult to restrict gun ownership.
  28. Let’s test your comprehension of the most recent section.
  29. This case gave the Court the power to determine whether laws passed by Congress were constitutional. This greatly expanded the power of the judiciary.
  30. The Constitution is the framework of our governmental system. The constitutional system has been modified over time, adapting to new conditions through congressional elaboration, presidential practices, and judicial interpretation. Some jurists believe the Constitution is a static document with a set meaning. They tend to interpret the Constitution according to a close reading of the text or what they think the Framers intended, filtered by their own ideology and policy preferences. Others consider the document’s meaning to evolve with time and changing circumstances. Activity: Ask students to bring in a news story from the previous week to illustrate a point of contention over the U.S. Constitution. Use these clippings as the basis for class discussion, focusing on how the Founders left the Constitution flexible for future generations. Examples might include gun control (the Second Amendment), the rights of criminal procedure and due process, or the implied right to privacy.
  31. It is not necessary to amend the Constitution every time a change is needed. Congress can use the “necessary and proper clause” to create legislation to clarify vague points or expand upon powers. For example, the Constitution creates the Supreme Court and authorizes Congress to create whatever lower federal courts are needed. Congress did just that with the Judiciary Act of 1789. The Constitution allows Congress to remove federal officials, such as the president and justices of the Supreme Court, for “treason and other high crimes and misdemeanors.” It is up to Congress to determine what offenses are impeachable. Congress has tried to impeach two presidents so far, both unsuccessfully. Congress is also authorized by the Constitution to regulate interstate commerce. But what is commerce? And what makes a commercial transaction interstate? Interpretations have varied widely.
  32. Although the formal constitutional powers of the president have not changed, the office is dramatically more important and more central today than it was in 1789. Vigorous presidents have stretched the powers of the office, especially in times of crisis. A major practice of modern presidents is the issuance of executive orders. These are directives issued by the president that carry the full force of law. Presidents have long used these orders to achieve goals that may lack congressional support. Other presidential practices include executive privilege. This is the right to confidential executive communications, especially those that relate to national security. Although controversial, the Supreme Court has sanctioned its use in certain circumstances. Impoundment is the practice by a president of not using funds previously appropriated by Congress. Congress has taken steps to curb this practice.
  33. In Marbury v. Madison, the Supreme Court established its responsibility to interpret the Constitution. In numerous cases since, the courts have made decisions that have settled, at least for a time, what some of the vague clauses of the document mean. But new justices make new interpretations, so individual decisions may be overturned at any time. Some justices interpret the Constitution using what they call an “originalist” approach. This approach envisions the document as having a fixed meaning that might be determined by a strict reading of the text or the Framers’ intent. A second, adaptive approach to interpreting the Constitution sees it as changing and evolving, and providing a basic framework for government but allowing new generations to interpret ideas in light of the needs of their time. Activity: Divide your class into two groups to debate the “original intent” and “contemporary ratification” perspectives on the U.S. Constitution. Each team should be assigned to defend one the two positions. In the opinion of the class, is the “original intent” or “contemporary ratification” philosophy toward the U.S. Constitution more valid? Which of these two theories is more likely to play itself out in today’s political culture? Which justices are most likely to favor original intent?
  34. Now for another quick review question.
  35. The president can bypass Congress by issuing executive orders.
  36. Although adaptable, the Constitution itself needs to be altered from time to time, and the Framers provided formal amendment procedure. An amendment must be both proposed and ratified: proposed by either a two-thirds vote in the House and Senate, or by a national convention of the legislatures in two-thirds of the states; ratified either by the legislatures in three-fourths of the states or by special ratifying conventions in three-fourths of the states.
  37. There are two methods of proposing amendments to the Constitution, but only one has been used. Out of 31 amendments formally voted upon in both houses of Congress, 27 have received the required two-thirds majority.
  38. This graphic shows the amendment processes. Why do you think Congress has been reluctant to call for a national constitutional convention?
  39. Why do we attempt to amend such a flexible document? Congress has sometimes attempted to pass popular laws that have subsequently been ruled unconstitutional by the Court. One example is flag burning.
  40. The Court has ruled that flag burning is protected as form of expression under the First Amendment. But a Constitutional amendment to ban it has wide support in some areas of the country. And members of Congress have introduced it repeatedly to gain favor with their constituents. What do you think? Is an amendment to the Constitution prohibiting flag burning needed?
  41. Overall, have constitutional amendments resulted in a stronger or weaker federal government than was established in the Constitution?
  42. After Congress has proposed an amendment, the states must ratify it before it takes effect. Again, the Constitution provides two methods, and Congress may choose approval by the legislatures in three-fourths of the states, or approval by special ratifying conventions in three-fourths of the states. Congress has submitted all amendments except one—the Twenty-First (to repeal the Eighteenth, the Prohibition Amendment)—to the state legislatures for ratification. Congress stipulates that ratification must occur within seven years of the date it submits an amendment to the states.
  43. Why did the 27th amendment take 203 years to ratify? Is there a good reason for limiting ratification to 7 years?
  44. The Framers intended that amending the Constitution should be difficult, and the Equal Rights Amendment ratification battle demonstrates how well they planned. The ERA simply stated that, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” At first, it seemed sure to pass, and 22 states approved it immediately. But after fierce opposition from conservative activists, despite extensions on the deadline, the amendment fell three states short of the 38 needed for ratification.
  45. Although the Equal Rights Amendment failed to be ratified by the 1982 deadline, men and women continue to lobby for equal rights.
  46. Here’s a question to test your comprehension about amendments.
  47. There are twenty-seven amendments to the Constitution; ten of these amendments belong to the Bill of Rights.