Basic Principles of Constitution 1 Popular Sovereignty People

Basic Principles of Constitution 1. Popular Sovereignty People are sole source of gov’t power “the will of the people”, “majority rule” 2. Limited Gov’t is not all powerful - restricted Gov’t and its officers are all subject to law - must follow constitution 3. Constitutional Supremacy/Judicial Review Creating hierarchy of law with federal law being supreme to state JR - give SC power to decide if laws made are constitutional 4. Separation of Powers break total power of gov’t into 3 branches 5. Checks & Balances stop abuse of power of each branch by checking each other 6. Chapter 3 Federalism division of power between the federal gov’t and state gov’t Later specifically STATED in 10 th AMENDMENT “ Powers retained by states and the people” - expressed. 1

SUPREMACY CLAUSE – US Constitution is Supreme Law of the Land 2 Basic levels of gov’t operate over the same territory and same people at the same time Framers anticipated conflict so wrote the supremacy clause - ART VI, Sect 2 LINCHPIN OF CONSTITUTION 1. Constitution stands above all other forms of law - Supreme Law of the Land 2. Acts of Congress, Treaties 3. State constitution 4. State statutes 5. Local law (ordinance) 2 Chapter 3

Checks and Balances Chart Override Presidential veto House impeaches; Senate – hold trial House controls budget Senate ratifies treaties; confirms appointment Declares executive orders unconstitutional Justices appointed for life Veto bill Call special session Can propose bills Line –item veto (reject part of bill Appoints federal judges Grants pardons, reprieves, commutations Declares laws unconstitutional Confirm presidential appointment; Impeach/Remove federal judges Establish federal courts; set number of judges Chapter 3 3

Marbury v. Madison Federalists President John Adams Secretary of State – John Marshall Democrats-Republicans President Thomas Jefferson Sec’y of State – James Madison Judiciary Act of 1789 passed 1. Set SC justices number (5, 6, 9) 2. Created 13 Districts (lower courts) 3. Ordered SC to issue a Writ of Mandamus Madison by instruction of Jefferson did NOT deliver the commissions THEREFORE Senate approved judicial appointments President Adam signs off on commissions Sealed by Sec’y of State Delivered to new appointees (Marbury) Chapter 3 Marbury sued Madison Marbury v. Madison Points 1. original jurisdiction 2. Supremacy Clause re: Judiciary Act 1789 3. Judicial Review 4

FORMAL AMENDMENT PROCESS Proposal 1. 2/3 in each House of Congress must approve 2/3 = 34 states OR Ratification 3. ¾ of 50 state legislature approve proposal ¾ = 38 states OR 2. 2/3 of 50 state legislatures agree to apply to Congress 4. ¾ of 50 state conventions approve proposed amendment Congress calls a NATIONAL CONVENTION Amendment formally proposed (only used once for get rid of Prohibition) (never been used) If RATIFIED than AMENDMENT created and becomes part of the Constitution. #1 # 3 or #1 #4; #2 # 3 or #2 # 4 Chapter 3 5

Informal Amendments – process by which many changes made in Constitution that HAVE NOT led to changes in the actual document. 1. Basic Legislation - passage of laws that redefine OR define words of the Constitution provides for 1 SC and inferior courts -Judiciary Act 1789 – established all federal courts have been Acts of Congress -defining regulation of interstate commerce -Art II creates office only for Pres/VP, Depts, Agencies, and offices created by Acts of Congress Commerce Clause - expressed power to regulate foreign and interstate trade What is it? What does congress exactly regulate? -Congress passed statutes under the Commerce Clause to define these words. 2. Executive Action - using Presidential powers to act independently of Congress Constitution only congress declares war; constitution made President - Commander and Chief Expanding President war making powers without Congress declaring Executive Agreement - pact between President and Head of foreign state Difference between executive agreement and treaties not approved by Senate Executive Agreement legally bound as treaties Chapter 3 6

3. Court Decisions - using court cases to interpret the Constitution Marbury v. Madison - judicial review 4. Party Practices - using practices of political parties to change political processes Constitution does not mention Political parties no law provides for nomination of president candidacy parties have converted the EC for the popular vote most of congress conducts business on basis of party 5. Custom - converting traditions to constitutional necessity making 15 Executive Departments make up cabinet When President died - VP would succeed - not made amendment until 25 th 1967 Roosevelt - 4 terms - 22 nd amend added 1951 Senatorial Courtesy – Senator belonging to the same political party as the president can select from the list of Justice nominees to be considered before President makes nomination. 7 Chapter 3