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The Constitutional Cornerstone
CHAPTER 6
 The U.S. Constitution
 Was
designed “to endure for ages to come…to be
adapted to the various crises of human affairs.”
 Is the oldest constitution in continuous use.
 Has been a model for many other constitutions.
 Is “this nation’s most important export.”
Practical Characteristics
 The framers of the Constitution designed it with a
realistic view of human nature:
Man has a
 1. desire for freedom.
 2. capacity to govern.
 3. a tendency to sin.
The French Attempt
 To the contrary, the French constitution of 1792
(after the French Revolution) was based on the
erroneous idea that mankind was basically good.
 It turned out badly when the guillotine became the
chief governing instrument rather than the
constitution.
 The first French Republic lasted only 3 years.
Constitutional Interpretation
 One reason the U.S. Constitution has been successful
is because of its ability to adapt and change
with American society.
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Brief
General
Framework
Minimal structure
Guiding principles
Interpretation
 Because of its generality, the Constitution has been
open to various interpretations.
 Two primary ways of interpreting the Constitution
are
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Strictly (Strict Constructionists)
Broadly (Broad Constructionists)
Strictly interpreted, what does this mean?
 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 probably cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the persons
or things to be seized.” (p. 124)
Interpretation
 Strict Constructionists believe that the TEXT of the
Constitution is important and that any interpretation
or inferences must be kept to a minimum.
 Example: A strict constructionist would say that the
4th Amendment provides that citizens are protected
against unlawful searches and seizures by the
government.
Broadly interpreted, what does this mean?
 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 probably cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the persons
or things to be seized.” (p. 124)
Interpretation
 Broad Constructionists take a broader approach to
Constitutional interpretation and tend to expand the
meaning of the actual language in the document.
 Example: A broad constructionist interprets the
Fourth Amendment to extend the right of privacy to
the sale of birth control, abortion, birth control, even
homosexual rights.
 Griswold v. Connecticut 1965
The
Supreme Court took the
Broad Constructionist position.
 All 3 branches of the government
play a role in adapting the
Constitution to meet the needs of
the nation.
 The Federal Courts and Supreme Court
(judicial branch) interpret the laws and the
Constitution.
 The Congress (legislative branch) makes laws
which are “necessary and proper” for governance.
 The President (executive branch) sets executive
precedent, issues executive orders, and may assume
powers.
 One example of the president setting precedent is
that George Washington refused to serve more than
2 terms as president.
 Even though it wasn’t prevented by the Constitution,
only one president ever ran for more than two terms.
He was elected to 4 terms.
 After his presidency, a Constitutional amendment
was proposed and ratified limiting the president to
two terms. (22nd Amendment)
The Amendment Process
 The Constitution provides for a formal means of
adapting to change.
The Amendment Process
Two Major Phases of the
Amendment Process
Proposal
Ratification
The Amendment Process
Proposal:
The
formal introduction of
an amendment.
Proposal
 Two
ways to propose an amendment:
1. 2/3 vote of BOTH houses of
Congress
2. A special Constitutional Convention
called at the request of 2/3 of the
STATES.
Ratification
 After an amendment has been
formally proposed, it must be
ratified to become law.
Ratification
 Two ways to ratify a proposed
amendment:
1. Approval of ¾ of the States’
Legislatures
2. Approval of ¾ of Special State
Ratification Conventions.
Ratification
 Typically, Congress places a SEVEN
YEAR time limit for ratification or the
proposal expires.
Ratification
 The first 10 amendments (The Bill of Rights) were
added in 1791.
 Since then only 17 more amendments have been
approved ( in 211 years).
 The small number of amendments reflects the
STABILITY of the Constitution.
Basic Principles
Basic Principles
 All of the basic principles embedded in the
Constitution deal in some way with how to
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DIVIDE
BALANCE
LIMIT, and
ALLOT
governmental power.
Basic Principles
 Limited Government
 Separation of Powers
 Checks & Balances
 Judicial Review
 Federalism
 Popular Sovereignty
Limited Government
 Government is limited to only those powers
given it by the people through law.
 The Constitution establishes
 boundaries of power for the state and
 limits of liberty for the people.
Limited Government
 The Constitution is the “Supreme Law of the Land.”
 The central purpose of limiting government is TO
PROTECT INDIVIDUAL FREEDOM.
Separation of Powers
 The three branches of government outlined in the
Constitution are designed to prevent any group or
individual from gaining too much power.
 Separation of Powers
 Three Branches:
 Legislative Branch
 Executive Branch
 Judicial Branch
Checks & Balances
 The various powers are separated in the three
branches, but each branch also has authority to
check and balance the others.
Checks & Balancees
 Examples:
 The president can VETO acts of Congress.
 Congress may OVERRIDE a president’s veto.
 The Supreme Court may DECLARE LAWS
UNCONSTITUTIONAL.
 The president APPOINTS justices & make TREATIES.
 Senate must CONFIRM his appointments & RATIFY the
treaties.
 Congress may IMPEACH the president or a judge.
Checks & Balances
 One disadvantage of checks and balances is that it is
inefficient and may cause government to work slowly
or fail to function, creating GRIDLOCK.
 The development of POLITICAL PARTIES is partly
responsible for the gridlock because people tend to
work for the interests of their parties rather than the
interests of the country or the people.
Checks & Balances
 The advantage of preventing
tyranny outweighs the disadvantage
of government inefficiency.
Judicial Review
 Judicial Review is the power of the judicial branch to
review the constitutionality of laws passed by
the legislative branch or rules made by the executive.
 This power is not spelled out in the Constitution but
was established by precedent first in the 1803 case of
Marbury v. Madison.
Federalism
 Federalism is the division of power between
national and state levels of government.
 Helps to further divide power (and thus prevent
tyranny)
 Accommodates differences in various regions.
Federalism
 The Tenth Amendment:
 “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.”
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The original authority of the states has waned. After the Civil
War, the Tenth Amendment was essentially gutted by applying
federal laws to the states.
 “The Federal Government Bully in State and Local
Elections” by Rep. Ron Paul, M.D. handout
Popular Sovereignty
 Popular Sovereignty – the notion that the people are
the ultimate source of their government’s authority.
 Who is the ultimate source of authority?
“God establishes rulers through the vote of the people.
Consequently, our rulers are accountable not only to
God but to the people as well.”
Popular Sovereignty
 Like Judicial Review, Popular Sovereignty is not
explicitly expressed in the Constitution.
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“We the People…”
Expressed through representation & amendment provisions.
Summary
 The U.S. Constitution is a
cornerstone for ordered liberty,
true self-government, and
personal liberties that have made
the United States a “city upon a hill.”