Applying the Constitution: Evolution and Impact
The application of the Constitution in the U.S. has evolved with the growth of the nation, impacting the legislative, executive, and judicial branches. Learn how political parties influence constitutional application and the powers of Congress, Presidents, and the Supreme Court.
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Presentation Transcript
Chapter 3: The Constitution Section 3: Applying the Constitution (pg.84-89)
http://etc.usf.edu/maps/pages/700/795/795t.jpg The Federal Government Applies the Constitution The Framers did not try to define our nation s government in exhaustive detail, it only has 4,540 words. Over time the U.S. has grown in size and complexity, therefore the government has also grown. https://www.aclu.org/sites/default/files/styles/scale_1200w/public/wysiwyg/constitutionfreezonemap.jpg?itok=umNWZ7vX
Legislative Action Article I of the Constitution http://farm7.staticflickr.com/6186/6080137063_71b986b12f_b_d.jpg Under Article I & III the Congress has expanded the judicial branch as needed. Also, Congress has created departments and agencies that make up the executive branch. Congress pushes into areas on which the Constitution is silent, like technology (cell phones) & terrorism How can Congress s power be checked?
Executive Implementation Article II of the Constitution Presidents have authority not expressly stated in the Constitution. For example, executive agreements or arrangements or compacts with foreign leaders or foreign governments. Presidents derive this power from their powers as commander in chief, to receive ambassadors and their duty to faithfully execute the laws http://www.niacouncil.org/wp-content/uploads/scorecard/whitehouse.jpg
Judicial Interpretation Article III of the Constitution Since the Supreme Court case of Marbury v. Madison the court has had the power of judicial review. This means that the court gets to decide what is constitutional or unconstitutional How to interpret the words of the constitution? Are you a strict constructionist or a loose constructionist or a judicial activist or do you use judicial restraint? What is the one way to override the Supreme Court? http://media-3.web.britannica.com/eb-media/07/94307-004-B97FF416.jpg
Political Parties http://apushcanvas.pbworks.com/f/1350159361/American-Political-Parties.jpg These Parties have an impact on how the Constitution is applied b/c they determine candidates, policies, and programs. They effect Supreme Court nominees, the amendment process, lobbyists, and Political Action Committees (PACs)
Customs and Traditions As time goes on things are added to our government this way. Example: the cabinet which is a group of advisers consisting of the heads of the executive departments. Another example was made into law when FDR was elected for 4 terms as president. The 22nd amendment was past. https://upload.wikimedia.org/wikipedia/commons/f/f3/President_Barack_Obama_with_full_cabinet_09-10-09.jpg
Even Though Our Constitution is Respected Around the World There Are Criticisms of the Constitution https://upload.wikimedia.org/wikipedia/commons/thumb/4/44/ElectoralCollege2012.svg/2000px-ElectoralCollege2012.svg.png A System That Creates Gridlock, compared to a Parliamentary System Questions about Representation, questions about the Senate The Electoral College Winner-take-all Elections