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
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 specificallySTATEDin 10th AMENDMENT“ Powers retainedby statesand the people”-expressed.
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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)
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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
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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)
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Marbury sued Madison
Marbury v. Madison
Points
1. original jurisdiction
2. Supremacy Clause
re: Judiciary Act 1789
3. Judicial Review
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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
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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
Constitutionprovides 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
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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 25th 1967
Roosevelt - 4 terms - 22nd 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.
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Chapter 3