Chapter 3, Section 3 Constitutional Change by Other Means.
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Transcript of Chapter 3, Section 3 Constitutional Change by Other Means.
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Chapter 3, Section 3Constitutional Change by
Other Means
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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
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Healthcare Bill Passes the House in March 2010
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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?
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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
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P
Pres. Obama and Russian Pres. Medvedev Sign START (Strategic Arms Reduction Treaty)
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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.
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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?
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The U.S. Supreme Court – the SUPREMES
↑Mrs.
CrombieLOVES
this guy
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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…