Chapter 2

The Living Constitution

In the same way that students idolize the framers, they also idolize the document the framers created: the U.S. Constitution. Both forms of attachment arise from an almost religious faith rather than from any objective understanding of the framers as people or of the Constitution as a framework of government. In this chapter, the authors stress the political theory of the U.S. Constitution. The authors explain what the framers were trying to accomplish in their drafting of the Constitution. They explain what motivated them. And they explain how the framers hoped to use the Constitution to achieve their goals.

It is important to stress exactly what a constitution is intended do. As the authors note, it is the supreme and binding law that expresses and protects basic liberties and establishes instrumentalities of government. If it can also serve as a unifying symbol of nationhood, then of course, its ability to serve the above purposes is greatly increased.

This chapter concentrates on the unique features of the framers' constitutional theory. The numerous constraints on the national government's powers are emphasized, especially checks and balances and our amazing (compared to other countries) system of judicial review. It is important to note the framers' varying views on judicial review. It is also important to stress the ways the Constitution has grown and changed over time, both through formal amendment and also through judicial interpretation, which occurs without needing to amend formally the actual words of the document.

These first two chapters are exceedingly important to the student's understanding of the underlying concepts and basic operations of the American political system. They are also important to the instructor who wants to replace the student's quasi‑religious faith in the supreme law with an objective understanding and appreciation of what a real work of genius the Constitution is.

I. LEARNING OBJECTIVES

1. Explain the various ways the framers tried to limit government, including federalism, free elections, and checks and balances.

2. Describe the concept of separation of powers and its relationship to checks and balances.

3. Define judicial review.

4. Explain how the case Marbury v. Madison established the principle of judicial review.

5. Explain how the checks and balances system has been modified by the rise of national political parties, creation of an independent regulatory commission, changes in the electoral system, changes in technology, and in international affairs.

6. Contrast the British and American political systems.

7. Explain the process of the impeachment and removal power.

8. List presidential practices, and discuss how such practices have evolved.

9. Discuss how two aspects of the Constitution have made it unnecessary for new constitutions.

10. Explain the two methods for proposing and for ratifying amendments to the Constitution.

11. Summarize the controversies in the ratification politics of the ERA.