AP GOVERNMENT
Unit 1
Chapter 2
Constitutional Foundations
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
Learning Objectives
2.3
2.4
2
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
Learning Objectives
2.5
8.2
Describe the processes by which
formal changes to the Constitution
can be made
2
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
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The basic structure of the 2.1
Constitution and its Bill of Rights
• Article I: establishes a bicameral Congress (House
& Senate) and empowers it to enact legislation
(make laws).
• Article II: vests the executive power in the
president (enforce laws).
• Article III: vests the judicial power in the Supreme
Court and other federal courts (interpret laws).
The basic structure of the 2.1
Constitution and its Bill of Rights
(cont.)
• Article IV: guarantees some privileges &
immunities of citizens, and specifies the conditions
for admitting new states.
• Article V: provides for the methods of amending
the Constitution.
• Article VI: specifies that the Constitution & all
laws made under it are the supreme law of the
land.
The basic structure of the 2.1
Constitution and its Bill of Rights
(cont.)
• Article VII: provides that the Constitution had to
be ratified by 9 of the 13 states.
• Bill of Rights: guarantees to protect the citizens’
rights and the states’ rights from the federal
government.
• 17 additional amendments:
Views of the Constitution
2.1
 Constitution has lasted
 Flexible, adaptable
 It has general support (reverence) from the
citizenry.
 It is the supreme and binding law that
both grants and limits power.
 It enables those who govern to control the
governed, but it also enables the governed to
check those who govern.
How the Constitution grants,
limits, separates, and balances
governmental power
2.2
• Federalist 51 (James Madison)
“If men were angels, no government would
be necessary. If angels were to govern
men, neither external nor internal
controls on government would be
necessary.”
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
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How the Constitution grants,
limits, separates, and balances
governmental power
I. Objective of the new Constitution:
a. Create a stronger federal government, but
with limited power.
II. How?
a. Create within the government, competing
interests that would check each other.
b. Create externally, a system that allows the
governed to check the government through
elections, petitions, protests, etc.
2.2
How the Constitution grants,
limits, separates, and balances
governmental power (cont.)
2.2
The Constitution not only protects us from the tyranny
of government, but also protects us from the
tyranny of the majority. HOW?
1. Separation of Powers- distributing authority among
three branches of the national government.
(Separation of powers protects us from an autocracy and
popular tyranny.)
How the Constitution grants,
limits, separates, and balances
governmental power (cont.)
2.2
2. Checks & Balances- each branch plays a role in the actions of
the other branches by having some authority over them
through their ability to check them.
 Political authority is also tiered and elected separately to maintain
political independence: House – elected by local constituents.
Senate – elected by state constituents.
President – elected by national constituents.
 Framers ensured that there was a balance between bringing about
necessary change and maintaining stability in the government:
House – every 2 years
President – every 4 years
Senate - every 6 years (1/3 elected every two yrs)
(Checks & Balances create friction among branches to bring about gradual change, and
protect us from an autocracy and popular tyranny.)
2.2
TABLE 2.1: Exercise of checks and balances,
1789-2012
2.2
FIGURE 2.1:
Separation
of powers
and checks
and
balances
How the Constitution grants,
limits, separates, and balances
governmental power (cont.)
2.2
3. National Political Parties and Interest Groups

Political Parties are strong unifying forces to help get things done, but can also
prevent things from getting done. They are often assisted by special interest
groups.
 Divided government - one party controls Congress, and the other party
controls presidency.
 Unified government- one party controls legislature and presidency
 Divided government – more likely to bring about more representative
legislation and greater accountability than unified government.
(Political parties and special interest groups protect us from an autocracy and
popular tyranny.)
Video: In the Real World
2.3
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg5_Constitution_v2.html
How the Constitution grants,
limits, separates, and balances
governmental power (cont.)
2.2
4. Expansion of the Electorate and the Move
Toward More Direct Democracy
 Electoral College – electoral voters cast their vote for their
party’s candidate (represent the will of the people of their state).
 Franchise expanded – will of the people is more representative
today because electorate has expanded. It is also more direct
through initiatives, recalls, referendums, and direct primaries.
 Seventeenth Amendment
 Senators popularly elected
(Expanding the electorate protects us from an autocracy and popular tyranny.)
How the Constitution grants,
limits, separates, and balances
governmental power (cont.)
2.2
5. Changes in Technology
 Televised government
 24-hour news
 Increased power of interest groups
(Allows us to monitor and stay informed about what the government is doing, or
attempting to do – media is assisted by political parties and special interest groups
who can reach millions in seconds to pressure politicians)
 Popular appeals from president
(Allows president greater access to the electorate to further strengthen his/her hand
against majority opinion.)
How the Constitution grants,
limits, separates, and balances
governmental power (cont.)
2.2
6. Growth of Presidential Power
 Global problems create crises for U.S.
 Sources of presidential power
 Constitutional
 Political
 Emergency
(Has often resulted in the president’s use of executive orders to bypass system of
checks and balances).
***NOT SURE HOW THE PEOPLE ARE
PROTECTED FROM THIS USE OF POWER!
How the use of Judicial Review
strengthens the courts in a
separation of powers system
2.3
• Judicial Review and the
“Guardians of the Constitution”
 Origins of Judicial Review
 Who decides disputes over the meaning of the
Constitution?
 Federalists -> Supreme Court
 Anti-Federalists -> state legislatures
How the use of Judicial Review
strengthens the courts in a
separation of powers system
2.3
2.3
 Marbury v. Madison, 1803
•
What happened on the eve of Federalist John Adams leaving
the white House and Republican Thomas Jefferson entering it?
•
What happened the following day when Jefferson took office?
•
What is a writ of mandamus, who was seeking one, and why?
•
What dilemma did Chief Justice of the Supreme Court John
Marshall face?
•
How was the dilemma resolved by Marshall?
•
What precedent was ultimately set?
How the Constitution has evolved
through informal changes
1. Congressional Elaboration
Legislation using “necessary and proper” clause - (Judiciary Act of 1789)

Impeachment

Commerce clause
2. Presidential Practices
Power and authority have increased

Executive orders

Executive privilege

Impoundment
3. Judicial Interpretation
Marbury v. Madison, 1803 - (establishes judicial review)

Originalist approach

Adaptive approach
2.4
The processes by which formal changes
to the Constitution can be made
2.5
1. Proposing Amendments
 Two-thirds vote of both houses
 27 out of 31 ratified
2. 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
3. Ratification Politics

Constitution difficult to amendment

Fierce political battles

ERA provides example