chapter 3, section 3 constitutional change by other means

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Chapter 3, Section 3 Constitutional Change by Other Means

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Healthcare Bill Passes the House in March 2010

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Page 1: Chapter 3, Section 3 Constitutional Change by Other Means

Chapter 3, Section 3Constitutional Change by

Other Means

Page 2: Chapter 3, Section 3 Constitutional Change by Other Means

BASIC LEGISLATION

WHO – The Legislative Branch (Congress)

HOW – They can influence the meaning of the Constitution by writing LAWS

WHY? The Constitution is not always

detailed What is “speech” under the 1st Amd?

An issue may not have been contemplated by the Founding Fathers. The Internet

Page 3: Chapter 3, Section 3 Constitutional Change by Other Means

Healthcare Bill Passes the House in March 2010

Page 4: Chapter 3, Section 3 Constitutional Change by Other Means

Legislative Action

The Constitution is silent on the issue of medical care for Americans.

DOES THE HEALTHCARE BILL CREATE A “RIGHT” TO HEALTHCARE UNDER THE CONSTITUION?

Page 5: Chapter 3, Section 3 Constitutional Change by Other Means

EXECUTIVE ACTION

WHO – The Executive Branch (President)HOW – The President can influence the

Constitution with Executive Agreements, Treaties, Laws (sign or veto), Appointing Judges who interpret the law

WHY – An issue presents itselfEXAMPLE: The President wants an ally in the

Middle East, so he enters into an agreement with the King of Bahrain

The Constitution requires Senate approval of Treaties, but NOT executive agreements

Page 6: Chapter 3, Section 3 Constitutional Change by Other Means

P

Pres. Obama and Russian Pres. Medvedev Sign START (Strategic Arms Reduction Treaty)

Page 7: Chapter 3, Section 3 Constitutional Change by Other Means

Executive Agreements and Treaties

The Constitution is silent as to our relationships with other countries.

The START Treaty puts an obligation on the U.S. to reduce its weapons, and it does so for Russia as well.

The President can make treaties under the Constitution, but what type of treaties and agreements are made is left up to the President to decide.

Page 8: Chapter 3, Section 3 Constitutional Change by Other Means

COURT DECISIONS

WHO – The Judicial BranchHOW – They influence the meaning of the

Constitution by interpreting its words in deciding cases

WHY? It’s their job to interpret the meaning of the

Constitution EXAMPLE: Free Speech

The 1st amendment says “Free Speech” Does free speech mean that I have a right to

wear a t-shirt with a picture of a machine gun that says “cop killer”?

Does free speech mean that I can burn the American flag?

Page 9: Chapter 3, Section 3 Constitutional Change by Other Means

The U.S. Supreme Court – the SUPREMES

↑Mrs.

CrombieLOVES

this guy

Page 10: Chapter 3, Section 3 Constitutional Change by Other Means

Judicial Interpretation

WHAT DOES THE FIRST AMENDMENT PROTECT OF FREE SPEECH REALLY MEAN???

It means what the SUPREMES say it meansThis can change over time…Speech in 1800 meant only spoken or written

wordsSpeech in 2011 means spoken works, written

words, expressive conduct like wearing a t-shirt, being SILENT, posting on Facebook, etc…