1- A Blueprint for Government

I) Principles of Government in the Constitution

A) The Constitution is the Blueprint
a) we have thousands of laws covering just about everything you can think of, but all of
those were designed with the Constitution in mind
b) every law we pass must not violate any part of the Constitution
c) changes to the Constitution (Amendments) require state approval
(i) only happened 27 times
B) the Constitution establishes 6 principles of government
II) Popular Sovereignty
A) concept that government gets its authority by the consent of the people
a) we show that consent by voting for the same people or voting for new people
(i) this gets complicated today, with low voter turnout and increasing amounts of
money in politics
1 many people who do show up only vote for the name they recognize, or for
the party they support
2 once someone wins a race, they can redraw district lines that determines who
will vote for them
 this is called gerrymandering
III) Limited Government
A) one of the main principles of American government is making sure no part of government
takes too much power
a) the Constitution defines specific powers given to the 3 branches, and reserves other
powers to the states
(i) the Bill of Rights outlines the basic human rights that government can’t violate
IV) Separation of Powers
A) by separating the branches into executive (enforce laws), legislative (write laws), and
judicial (interpret laws), the Constitution provides another layer of security ensuring
limited government
V) Checks and Balances
A) as part of the Separation of Powers, each branch has the ability to override another
a) if Congress passes a law the President doesn’t want, he can veto the law
(i) if Congress wants the law anyway, they can overrule the President with a 2/3 vote
of both houses of Congress
b) the judicial branch can override both Congress and the President by declaring a law
unconstitutional
VI) Judicial Review
A) not actually written in the Constitution
a) created by the first Supreme Court Head Justice, John Marshall
B) allows the Supreme Court to rule a law unconstitutional, which can cancel out
Presidential orders and Congressional laws
a) this is the most important role of the Supreme Court
VII) Federalism
A) early in our history, states had nearly equal power to the national government
a) this separation between national and local levels is called federalism
B) the 10th Amendment reserves all powers not given to the national government for the
states, but people have disagreed about the interpretation of the Constitution
a) national power has increased over the years, especially after the Civil War, the Great
Depression, and WWII
2- An Enduring Document

I) The Amendment Process

A) Formal Amendments
a) amendment- a change to the Constitution’s written words
(i) Proposal
1 2/3 vote in each house of Congress (only way it’s been used so far)
2 special conventions by 2/3 of state legislatures
(ii) Ratification
1 ¾ of state legislatures (26/27 in this way)
2 ¾ of special conventions (representatives elected by people)
b) more than 10,000 amendments have been proposed, but only 33 were even considered
B) 27 Amendments
a) Bill of Rights
(i) first 10 amendments
(ii) focused on personal and state freedoms
(iii)many based on grievances suffered under British rule
b) Later Amendments
(i) next 17 amendments were added out of need
1 13th guaranteed freedom to slaves
2 21st repealed the 18th (Prohibition)
3 27th prevents Congress from raising pay during that term (proposed 1789;
ratified 1992)

The U.S. Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress
of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be
infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be
informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the
common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
3- Applying the Constitution

I) Informal Changes to the Constitution

A) Legislature
a) Congress has passed laws that are meant to explain parts of the Constitution
b) the Constitution was set up to give Congress the ability to make minor adjustments in
case they overlooked something
B) Executive
a) Executive Actions
(i) war
1 war can only be declared by Congress, but the President is Commander-in-
Chief
 he can send troops to a place without a declaration of war for 6 months
 we have fought over 200 times without declaration of war
(ii) executive agreement
1 a pact made by the President with the head of a foreign state
 a treaty is a formal agreement, and must be approved by Congress
C) Court Decisions
a) Judicial Review by Supreme Court
D) Party Practices
a) political parties have divided Congress, and therefore have significant impact on
legislation
(i) short lived third parties have been able to influence large parties to support
changes to the Constitution- like the direct election of Senators (17th)
E) Custom
a) many traditions are observed, though there is nothing written in the Constitution
(i) Cabinet
1 the President appoints special advisers, though not give the power in the
Constitution
(ii) until the 25th Amendment, the VP took over the Presidency if needed, but this
wasn’t written down
(iii)Senatorial Courtesy
1 when the President appoints a new federal judge in a state, he usually chooses
someone from the state’s dominant party
(iv) until 22nd Amendment, Presidents usually followed the 2 term limit set by
Washington (FDR was the only exception)