THE LIVING CONSTITUTION
•The oldest written Constitution in
the world, also one of the shortest.
•Only has 4,543 words.
•Each article is very specific
Constitutions.
•Americans revere the
Constitution—nine of ten adults
are proud of it—even when they
do not know what is in it.
THE CONSTITUTION
The Constitution is one of the major structural
factors that has influenced the evolution of
American government.
Only 27 formal amendments have been added
in more than 200 years.
 Students should be able to describe the basic
structure of the Constitution and its Bill of Rights.
The Final Document
Popular sovereignty
A republican government
A limited government
Separation of powers
A federal system where
both the national and the
state governments each
had their own sphere of
influence
© 2004 Michael Ventura/Folio
Limited government
The Constitution lists specific powers of the
national government (Article I, Section 8) and
specifically denies others (Article I, Section 9).
The Bill of Rights imposes restraints on the
national government by protecting fundamental
rights of citizens.
FEDERALISM
Division of Powers
Relatively strong central government.
Supremacy clause (Article VI, Section 2)
Important powers assigned to the national government
Elastic clause (Article I, Section 8)
States remain important
Checks on majority rule
The people rule only indirectly
Bicameral legislature, with varying terms of
office and different constituencies
Indirect election of the President and Senate
(changed by Amendment XVII)
Presidential appointment of judges and
confirmation by the Senate
Cumbersome and difficult amendment process
Separation of powers & checks and
balances
During the American Revolution, American leaders
worried primarily about the misrule of executives
and judges.
Those who drafted the Constitution were more
afraid of the danger of legislative tyranny.
The framers turned to the idea of mixed or
balanced government, which had been popularized
by the French philosopher Montesquieu.
Separation of powers & checks and
balances
 Executive, legislative, and
judicial powers in different
branches (separation of
powers).
 No branch can control all powers
or dominate the other branches.
 Legislative, executive, and
judicial powers check one
another and share power
(checks and balances).
Separation of
Powers
&
Checks and
balances
CHECKS ON THE PRESIDENCY
A single executive
Indirect election by an electoral college
The House of Representatives would choose a
president if no one received a majority of
electoral votes.
CHECKS ON THE PRESIDENCY
Two U.S. Presidents,
Andrew Johnson and
Bill Clinton, have been
impeached. Nixon
resigned before
impeachment.
Modifications of Checks and Balances
The rise of national political parties
Expansion of the electorate and the move toward
more direct democracy
Establishment of agencies deliberately designed
to exercise legislative, executive, and judicial
functions
Changes in technology
The growth of presidential power
Modifications of Checks and Balances
Direct Primary
Election in which voters
choose party nominees
Initiative
Procedure whereby a certain
number of voters may, by
petition, propose a law or
constitutional amendment
and have it submitted to the
voters
Referendum
Recall
Procedure for submitting to
popular vote measures
passed by the legislature or
proposed amendments to a
state constitution
Procedure for submitting to
popular vote the removal of
officers from office before
the end of their term
Judicial Review and the “Guardians of the
Constitution”
Judicial Review: the power to strike down a law
or a government regulation that judges believe
conflicts with the Constitution.
•Origins of Judicial Review
• Federalists supported judicial review
•Marbury v.Madison (1803)
•Judiciary becomes the guardian
Informal Change: The Unwritten Constitution
• Congressional Elaboration
• Presidential Practices
•
•
•
•
•
Executive Orders
Executive Agreements
Executive Privilege
Right to confidentiality
Impoundment
• Judicial Interpretation
• Political Parties
• Customs
• Advisors to the President
• Senatorial courtesy
Changing the Letter of the Constitution
•Approaches
• Originalist - envisions the document as having a
fixed meaning that might be determined by a strict
reading of the text or the framers’ intent
• Adaptive - used to interpret the Constitution
understanding the document to be flexible and
responsive to the changing needs of the times
 Students should know the methods for Proposing
and for Ratifying Amendments
The foundations for a national free
enterprise economy
Concern that a system “too much upon the
democratic order” would threaten private property
Constitutional protections for property rights
Article IV, Section 1
Article VI, Section 1
Article IV, Section 2
Constitutional provisions aiding the emergence of
a national free enterprise economy
Article 1, Sections 8-10
The Changing Constitution, Democracy, and
American Politics
The Constitution is the basic rule book for the
game of American politics.
Constitutional rules
Apportion power and responsibility among governmental
branches
Define the fundamental nature of relationships between
governmental institutions
Specify how individuals are to be selected for office
Tell how the rules themselves may be changed