Principles of the Constitution

Separation of Powers
 To Madison, tyranny was gov’t that controlled all three
branches (argument for division of power)
 This diffuses power instead of concentrating it
 Danger of one branch combining forces with another
(argument for checks and balances)
 Need for strong executive
Checks and Balances
 Fear of tyranny; distrust of government; meant to build
inefficiency to prevent gov’t abuse of power
 18th century view of gov’t restraint combined with
modern view of gov’t use for common good
 Each branch has check on other two
 Ex.: veto, appointment, veto override, treaty making,
judicial review, commander-in-chief, law making
 Political Independence (no branch is dependent on other
two)
 Staggering Terms (2yr, 6 yr., life appointment)
Modifications of Checks and
Balances
Political Parties:
Theory: parties should bring branches together
Reality: Parties are weakened by wide range of interests
Divided Gov’t: President of one party: Congress of
the other
Changes in Voting Methods: Congressmen chosen by
people; President chosen by electors who vote with
people.
Growth of Federal Bureaucracy: Development of numerous
agencies with legislative, executive, judicial functions
(Ex. IRS, Justice Dept. , EPA, etc. )
Modifications (Cont’d)
Changes in technology: Two Views
1) President, Congress, Interest Groups, and Media take advantage
of new technology (strengthens checks/balances)
2) Presidents takes advantage through “staged events” (Ex.:Bush’s
Mission Accomplished, Obama’s Acceptance Speech in Grant
Park)); (weakens checks/balances)

3) Emergence of U.S. as Superpower:

U.S. is leader of free world with interests around the world that
require us to respond to many crisis (Responsibilities concentrate
power in executive branch)
“IMPERIAL PRESIDENCY”
Limited Government
Dillema: Wanting more effective gov’t, but limited gov’t to
avoid tyranny
Remedy:
1) Constitutional Gov’t- Only powers listed in Constitution
2) Bill of Rights: Safeguard against strong, distant federal
government (10th Amendment)
3) Free Elections (Potential of majority faction; Madison
cautioned against this)
Judicial review
 Power of Courts to strike down law
 Not explicitly provided in Constitution; but
Constitution open to interpretation
 Marbury v. Madison (1803)
 Effect: Litigation has become a way of
making public policy (Brown v. Board of
Ed. Striking down separate, but equal or
Gideon v. Wainwright; right to counsel)
Changing the Constitution
(Formal; Adding Amendments)
 Proposal
 2/3 vote from both Houses. No Presidential
veto possible
 Constitutional Convention Called by
Congress (At request of 2/3 of states)
 Never Used
Formal Changes (Cont’d)
 Ratification (2 Methods)

 ¾ of State Legislatures
-All, but one done this way (21st Amendment)
-Most state legislatures ratify with simple
majority
 Ratifying Conventions in ¾ of states
 - Amendment 21 done this way
Changing the Constitution
(informal)
 Principle: Constitution is a framework
 Informal ways counteract difficulty in changing Const.
 Acts of Congress (Voting Rights Act, 1965)
 Judicial Rulings (Brown v. Board, Gideon v. Wainwright)
 Presidential Action (Executive Order, e.g. Japanese
Internment)
 Customs/Traditions (Cabinet, Parties, Committees)
“Constitution belongs to the living, not the
dead” - Jefferson

 Jefferson believed each generation might

need a new Constitution
 Has not occurred due to the use of
informal changes which have allowed
Constitution to adapt to changing times