Constitution

Preamble

Articles7 articles

1st three deal with the 3 branches

4 deals with relations among states and with states and national government

5 deals with amending the Constitution

6 states the constitution is the Supreme law of the land

7 provided for the ratification of the Constitution

Constitution Basic Principles

Popular Sovereignty All political power resides in the people.

Constitution Basic Principles

Limited government The government may do only those things that the people have given it the power to do.constitutionalism government must be conducted according to constitutional principles.

rule of law government and its officers are always subject to-never above-the law

Constitution Basic Principles

Separation of PowersThe Constitution distributes the powers of the National Government among the Congress (the legislative branch), the President (the executive branch), and the courts (the judicial branch.)

Constitution Basic Principles

Checks and BalancesEach branch is subject to a number of constitutional checks (restraints) by the other branches.

Congress may have the power to make law but the President may veto (reject) any act of Congress.

Constitution Basic Principles

Judicial Review the power of the courts to determine whether what government does is an accord with what the Constitution provides.Power of the court to declare unconstitutional to declare illegal, null and void, of no force and effect -a governmental action found to violate some provision in the Constitution.

Marbury v. Madison (1803) losing Federalist John Adams (lame duck president) tried to burn the midnight oil and pack the judiciary with loyal party members. William Marbury had been appointed a justice of the peace for the District of Columbia (the night before Jefferson was to take office). Jefferson told Madison not to deliver commissions. Marbury went to Supreme Court for a writ of mandamus (is a court order compelling a government officer to perform an act which that officer has a clear legal duty to perform.) Marbury was refused.

Marbury v. Madison

The PlayersJohn Adams = outgoing Federalist President of US

Thomas Jefferson = incoming Democratic-Republican President of US

James Madison = incoming Secretary of State

William Marbury = appointed a justice of the peace for the District of Columbia

John Marshall = Chief Justice of the United States Supreme Court

The CaseThe night before leaving office, Adams signs several judicial commissions.

Angered by Adams' actions, Jefferson orders Madison to withhold any commissions not yet delivered.

Hoping to force Jefferson to give him the judgship, Marbury files suit in the Supreme Court. He argues that the Judiciary Act of 1789 allows him to take his case directly to the high court.

Marbury v. Madison

The DecisionMarshall, writing for a unanimous court, declares that the Judiciary Act violates Article III, section 2 and is therefore unconstitutional. Marbury loses, having based his case on an unconstitutional law. The Court declared that portion of the Act, Section 13, unconstitutional because the Constitution did not specify issuing writs of mandamus as one of the Supreme Court's areas of original jurisdiction.

The ImpactThe case established the Supreme Court's power of judicial review its power to determine the constitutionality of a governmental action. The power extends to the actions of all governments in the United States national, State, and local. The Court's decision in Marbury assured the place of judicial branch in the system of separation of powers.

Constitution Basic Principles

Federalism the division of power among a central government and several regional governments

Process of Constitutional Change

Formal Amendment ProcessArticle V sets out two methods for the proposal and two methods for the ratification of constitutional amendments.

So there are 4 possible methods of formal amendment changes or additions that become part of the written language of the Constitution itself.

Formal Amendment Process

First methodProposed by a two-thirds (2/3) vote in each house of Congress and ratified in three fourths () of state legislatures (38 states). 26 of the 27 amendments were adopted this way.

Formal Amendment Process

Second methodProposed by Congress and then ratified by conventions, called for that purpose, in of the states. Only the 21st amendment (1933) was adopted this way.

Formal Amendment Process

Third MethodAmendment proposed at a national convention, called by Congress at the request of 2/3 of the State legislatures (34). Must be ratified by state legislatures.

Formal Amendment Process

Fourth MethodProposed by a national convention and ratified by conventions in of the states. The Constitution was adopted much like this way.

27 Amendments

First 10 are called the Bill of Rights!

Amendments

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