CHAPTER 6

The Constitutional Cornerstone

The U.S. Constitution Was designed “to endure for ages to

come…to be adapted to the various crises of human affairs.”

Was the earliest written constitution. Is the oldest constitution in continuous use. Has been a model for many other

constitutions. Is “this nation’s most important export.”

Practical Characteristics

The framers of the Constitution designed it with a realistic view of human nature:

Man has a1. desire for freedom.2. capacity to govern.3. a tendency to sin.

The French Attempt

To the contrary, the French constitution of 1792 (after the French Revolution) was based on the erroneous idea that mankind was basically good.

It turned out badly when the guillotine became the chief governing instrument rather than the constitution.

The first French Republic lasted only 3 years.

Constitutional Interpretation

One reason the U.S. Constitution has been successful is because of its ability to adapt and change with American society. Brief General Framework Minimal structure Guiding principles

Interpretation

Because of its generality, the Constitution has been open to various interpretations.

Two primary ways of interpreting the Constitution are Strictly (Strict Constructionists) Broadly (Broad Constructionists)

Strictly interpreted, what does this mean?

Amendment IV:“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (p. 124)

Interpretation

Strict Constructionists believe that the TEXT of the Constitution is important and that any interpretation or inferences must be kept to a minimum.

Example: A strict constructionist would say that the 4th Amendment provides that citizens are protected against unlawful searches and seizures by the government.

Broadly interpreted, what does this mean?

Amendment IV:“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (p. 124)

Interpretation

Broad Constructionists take a broader approach to Constitutional interpretation and tend to expand the meaning of the actual language in the document.

Example: A broad constructionist interprets the Fourth Amendment to extend the right of privacy to the sale of birth control, abortion, birth control, even homosexual rights.

Griswold v. Connecticut 1965The Supreme Court took the Broad Constructionist position.

All 3 branches of the government play a role in adapting the Constitution to meet the needs of the nation.

The Federal Courts and Supreme Court (judicial branch) interpret the laws and the Constitution.

The Congress (legislative branch) makes laws which are “necessary and proper” for governance.

The President (executive branch) sets executive precedent, issues executive orders, and may assume powers.

One example of the president setting precedent is that George Washington refused to serve more than 2 terms as president.

Even though it wasn’t prevented by the Constitution, only one president ever ran for more than two terms. He was elected to 4 terms.

After his presidency, a Constitutional amendment was proposed and ratified limiting the president to two terms. (22nd Amendment)

The Amendment Process

The Constitution provides for a formal means of adapting to change.

The Amendment Process

Two Major Phases of the Amendment ProcessProposalRatification

The Amendment Process

Proposal:The formal introduction of an amendment.

Proposal

Two ways to propose an amendment:1. 2/3 vote of BOTH houses of Congress

2. A special Constitutional Convention called at the request of 2/3 of the STATES.

Ratification

After an amendment has been formally proposed, it must be ratified to become law.

Ratification

Two ways to ratify a proposed amendment:1. Approval of ¾ of the States’ Legislatures

2. Approval of ¾ of Special State Ratification Conventions.

Ratification

Typically, Congress places a SEVEN YEAR time limit for ratification or the proposal expires.

Ratification

The first 10 amendments (The Bill of Rights) were added in 1791.

Since then only 17 more amendments have been approved ( in 210 years).

The small number of amendments reflects the STABILITY of the Constitution.

Basic Principles

Basic Principles

All of the basic principles embedded in the Constitution deal in some way with how to

DIVIDE BALANCE LIMIT, and ALLOT

governmental power.

Basic Principles

Limited GovernmentSeparation of PowersChecks & BalancesJudicial ReviewFederalismPopular Sovereignty

Limited Government

Government is limited to only those powers given it by the people through law.

The Constitution establishes boundaries of power for the state and limits of liberty for the people.

Limited Government

The Constitution is the “Supreme Law of the Land.”

The central purpose of limiting government is TO PROTECT INDIVIDUAL FREEDOM.

Separation of Powers

The three branches of government outlined in the Constitution are designed to prevent any group or individual from gaining too much power.

Separation of Powers

Three Branches: Legislative Branch Executive Branch Judicial Branch

Checks & Balances

The various powers are separated in the three branches, but each branch also has authority to check and balance the others.

Checks & Balancees

Examples: The president can VETO acts of Congress. Congress may OVERRIDE a president’s veto. The Supreme Court may DECLARE LAWS

UNCONSTITUTIONAL. The president APPOINTS justices & make TREATIES. Senate must CONFIRM his appointments & RATIFY

the treaties. Congress may IMPEACH the president or a judge.

Checks & Balances

One disadvantage of checks and balances is that it is inefficient and may cause government to work slowly or fail to function, creating GRIDLOCK.

The development of POLITICAL PARTIES is partly responsible for the gridlock because people tend to work for the interests of their parties rather than the interests of the country or the people.

Checks & Balances

The advantage of preventing tyranny outweighs the disadvantage of government inefficiency.

Judicial Review

Judicial Review is the power of the judicial branch to review the constitutionality of laws passed by the legislative branch or rules made by the executive.

This power is not spelled out in the Constitution but was established by precedent first in the 1803 case of Marbury v. Madison.

Federalism

Federalism is the division of power between national and state levels of government.

Helps to further divide power (and thus prevent tyranny)

Accommodates differences in various regions.

Federalism

The Tenth Amendment: “The powers not delegated to the United States by the

Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

The original authority of the states has waned. After the Civil War, the Tenth Amendment was essentially gutted by applying federal laws to the states.

“The Federal Government Bully in State and Local Elections” by Rep. Ron Paul, M.D. handout

Popular Sovereignty

Popular Sovereignty – the notion that the people are the ultimate source of their government’s authority.

Who is the ultimate source of authority?

“God establishes rulers through the vote of the people. Consequently, our rulers are accountable not only to God but to the people as well.”

Popular Sovereignty

Like Judicial Review, Popular Sovereignty is not explicitly expressed in the Constitution. “We the People…” Expressed through representation & amendment

provisions.

Summary

The U.S. Constitution is a cornerstone for ordered liberty, true self-government, and personal liberties that have made the United States a “city upon a hill.”