The Power of the Constitution 1776 -- Declaration of Independence 1777 -- Articles of Confederation 1789 -- Constitution Under the Articles the states had too much Power and the Central Authority of the Federal Government had too little Power Problem: How to Give the Central Government more Power But make sure that they do not abuse their Power When the states gave more power to the Central Government they wanted to make sure the power would not be abused. So, they divided the power by: Expressed Power to the Central Government (these powers specified in Article 2 Section 8) Reserved Powers to the States Concurrent Powers -- Powers that are shared by the Federal and the State Governments They also divided the Power in the Federal Government by placing the power into three different Branches Separation of Power Legislative Congress Makes the Laws Executive President Carries out the Laws Judicial Courts Interprets the Laws Checks and Balances Executive Judicial Legislative Veto Declare Laws Enact Laws Unconstitutional Appoint Appropriate SC Justices Appointed Money for Life Administers Veto Over the Law Interprets Each House Laws and Elected Treaties Over-Ride Nationally Veto Call Special Staggered Sessions Elections Power to Impeach Modifications of the Checks and Balances 1. Rise of National Political Parties 2. Changes in the Electoral Method Pledged Electors (Winner takes All) Senators by Popular Vote (1917) 3. Agencies that blend all three Branches of the Government (example-Energy Shortage) 4. Technological Changes Increased some Presidential Power Changed the System (TV) 5. U.S. as a World Power -- Requires President to move faster 6. President given more Power -- Sometimes over-rides Constitution (Vietnam) Amendments to the Constitution Bill of Rights (First 10 Amendments) (1791) 1. Freedom of Press, Speech, Religion, Assembly, and Petition 2. Right to Bare Arms 3. Quartering of Troops 4. Searches and Seizures 5. Due Process, Eminent Domain 6. Right to a Speedy Trail, and the Right of Counsel 7. Right of a Trial by Jury 8. Cruel and Unusual Punishment 9. Rights of the People 10. Powers Reserved to the State Outside the Bill of Rights (18 - 21 Cancel Out) Only 14 in over 200 Years Amendments that ADD or SUTRACT to the Power of the National Government Increase Power to the National Government 11th Not state can be sued by resident of another state 13th Abolish Slavery 16th Income Tax 18th Prohibition 21st Repeal of Prohibition Amendments that Limit State Governments 13th Abolish Slavery 14th Protect Black Civil Rights (Made Citizens) 15th Right to Vote -- Black Males Amendments that Expand the Electorate 15th Black Males Right to Vote 19th Women Right to Vote 26th 18year old Right to Vote 24th No Poll Tax 17th Popular Vote for Senators 23rd D.C. Right to Vote for President and VP Amendments that Subtract from the Electoral 22nd Two Terms for President Changes in the Government Machinery 12th Changes in the Electoral College 20th Reduced Lame Duck 25th Presidential Succession 26 of the 27 Amendments have followed the same path to Ratification. Only 1 (Repeal of Prohibition) has used one of the other 4 ways to be Ratified Most Popular Way Proposed by 2/3 of each house of Congress Ratified by 3/4 of State Legislatures Informal Amending Process Def. The Process of Changing Through Time 1. Basic Legislation: Judiciary Act of 1789 -- Right of Congress to Create Inferior Courts Establishment of Departments (Cabinet) Interstate Commerce 2. Executive Action Over 150 Times Armed Forces used without a Declaration of War Agreements without Treaties 3. Court Decisions 4. Party Practices -- Congress organized by Political Parties 5. Custom 22nd Amendment 25th Amendment Senatorial Courtesy |
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