Unit 3 – Legislative Branch
3:1
I: An Outline of the Constitution
The Constitution sets out the basic principles upon which government in the
united states was built and operates today. The document lays out the basic
framework and procedures of our government, and sets out the limits within which
that government must conduct itself. One of the constitution greatest strengths is
that its words deal largely with matters of basic principle. Preamble- introduction.
Articles- There are 7 articles in the constitution.
II: The Basic Principles
The constitution is built around six basic principles. Popular sovereignty,
limited government, separation of powers, checks and balances, judicial review,
and federalism.
A: Popular Sovereignty
In the united states all political power resides in the people. They are the
only source for any and all governmental power. The principle of popular
sovereignty, so boldly proclaimed by the declaration of independence is woven
throughout the constitution.
B: Limited Government
The principle of limited government holds that no government is all
powerful and that a government may do only those things that the people have
given it the power to do. The principle of limited government is the other side of
the coin of popular sovereignty. Constitutionalism- the government must be
conducted according to constitutional principles.
C: Separation of Powers
In a parliamentary system the legislative, executive, and judicial powers of
government are all gathered in the hands of a single agency. In a presidential
system, these basic powers are distributed among three distinct and independent
branches of government. The constitution of the united states distributes the
powers of the national government among the congress, and the courts.
D: Checks and Balances
The national government is organized around three separate branches. The
constitution gives to each branch its own field of governmental authority. These
three branches are not entirely separated nor completely independent of one
another. They are tied together by a complex system of checks and balances. This
means that each branch is subject to a number of constitutional checks by the other
branches.
E: Judicial Review
One aspect of the principle of checks and balances is of such overriding
importance in the American constitutional system that it stands by itself as one of
that systems basic principles. The power of judicial review is the power of courts
to determine whether what government does is in accord with what the constitution
provides. Judicial review is the power to declare something Unconstitutional
which is to declare a law illegal because a governmental action is found to violate
some provision in the constitution.
F: Federalism
Federalism- the division of power among a central government and several
regional governments. The framers constructed the federal arrangement with its
division of powers as a compromise. It was an alternative to the system of nearly
independent states, loosely tied to one another in the weak articles of
confederation.
3:2 Formal Amendment
I: Formal Amendment Process
The framers knew that even the wisest of constitution makers cannot build
for all time. The constitution provides for its own amendment or changes in its
written words. There are four possible methods of formal amendment.
A: Federalism and Popular Sovereignty
The formal amendment process emphasizes the federal character of the
governmental system. Proposal takes place at the national level and ratification is a
state by state matter. Some criticize the practice of sending proposed amendments
to the state legislatures rather than to ratifying conventions because it permits a
constitutional change without a clear cut expression by the people.
B: Proposed Amendments
The constitution places only one restriction on the subjects with which a proposed
amendment may deal. When both houses of congress pass a resolution proposing
amendment, congress does not send it to the president to be signed or vetoed,
though the constitution would seem to require it.
II: The 27 Amendment
A: The Bill of Rights
The first ten amendments were added to the Constitution less than three
years after it became effective. They were proposed by the first session of the first
congress in 1789 and were ratified by the states in late 1791. Collectively the first
ten amendments are known as the bill of rights. They set out the great
constitutional guarantees of freedom of belief and expression, of freedom and
security of the person, and of fair and equal treatment before the law.
B: The Late Amendments
Each of the other amendments that have been added to the constitution over
the past 200 years also grew out of some particular and often interesting set of
circumstances. The 11th amendment declares that no state be sued in the federal
courts by a citizen of another state or by a citizen of any foreign states. It was
proposed by congress in 1794 and ratified in 1795 after the state of georgie had lost
its case in the united states supreme court.
3:2
Constitutional Change by Other Means
I: Basic Legislation
Congress has been a major agent of constitutional change in two important ways.
First it has passed a number of laws to spell out several of the constitutions brief
provisions. Second congress has added to the constitution by the way in which it
has used many of its powers like the power to regulate foreign and interstate
commerce.
II: Executive Action
The manner in which various presidents have used their powers has also
contributed to the growth of the constitution. The document says that only congress
can declare war. But the constitution also makes the president the commander in
chief of the nation’s armed forces. Acting under the authority, several presidents
have made war without a declaration of war by congress.
III: Court Decisions
The nation’s courts interpret and apply the constitution in many cases they
hear. Woodrow Wilson states “a constitutional convention in continuous session.”
IV: Party Practices
The nation’s political parties have also been a major sources of
constitutional change over the course of our political history. Most framers were
opposed to the growth of parties. Neither the constitution nor any law provides for
the nomination of candidates for the presidency. From the 1830’s on however the
major parties have held national conventions to do just that..
V: Custom
Unwritten custom may be as strong as written law and many customs have
developed in our governmental system. By custom not because the constitution
says so, the heads of the 15 executive departments make up the cabinet, an
advisory body to the president.