Order 1294302: Political Science
tutorthammy
Chapter5-20111.pptIntroduction to Political Science
POL 120
Constitutions
Dr. Kula A. Francis
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Constitutions
- What is it? --- (commonly defined as a written document…)
Could be written or unwritten
The case of Britain and Israel
Rules and customs
Government follows to conduct its affairs
- Almost all nations have a constitution…
Countries
- The United States Constitution (very short)
Seven Articles (Define the powers of each branch of government)
Twenty-seven Amendments (Define civil rights –leaving much for interpretation)
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U.S. Constitution
- Amending the U.S. Constitution is difficult…
Requires approval of two-thirds of both the Senate and the House of Representative, followed by ratification by three-fourths of state legislatures.
Has occurred only 17 times in the U.S. since 1791.
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General Nature of Constitutional Law
- Regardless of how detailed a Constitution is written, it will always require interpretation.
Requires Judicial Interpretation
Congress cannot make laws concerning religion)
Is left for interpretation when it comes to items like Prayer in school or religions who use illegal drugs as a religious practice.
So who does the interpreting?
- Generally requires the interpretation of the highest court of the land.
In the U.S., the Supreme Court
The British Parliament determines what is constitutional
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Purpose of a Constitution
- A Statement of National Ideals
- Formalizes the Structure of Government
- Establishes the legitimacy of Government (government’s right to govern)
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A Statement of National Ideals
- The Preamble of the US Constitution states six goals:
To form a more perfect union
To establish justice
To ensure domestic tranquility
To provide for the common defense
To promote the general welfare
To secure the blessings of liberty
- Indicates the values, ideals, and goals of those who drafted the document.
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Formalizes the Structure of Government
- The Constitution…
Serves as a “blueprint”
A “who does what” in government
Divides authority and responsibilities as well as limits powers between branches
- Separation of Powers
Keeps government branches distinct
Keeps checks and balances among government branches
Limits the power of each branch
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Establishes the Legitimacy of Government
- Many nations do not recognize a state until it establishes a written constitution, since having one acts as a sign of permanence and responsibility…
Ouch to the VI ???
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Freedom of Expression
- Freedom of Speech
Right to Spread “Dangerous or Malicious Falsehoods”
Justice Holmes argument on screaming FIRE!
- First Amendment Case – 2001 Cell Phone Conversation
Supreme Court ruled a radio station could air an illegally recorded phone conversation…
“the public has a right to know public information…”
- Shelley Moorhead – Reparations from Denmark (p. 87)
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