© 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 3 THE CONSTITUTION

An Outline of the Constitution The Constitution sets out basic principles for government in the United States. It is organized into 8 sections: Preamble and 7 articles. The original document is followed by 27 amendments. Chapter 3, Section 1 “Keep at arms length Franklin, you filthy old man.”

Articles of the Constitution Chapter 3, Section 1

Three of the Basic Principles Chapter 3, Section 1 Principle of popular sovereignty: people are the source of government power, & government needs consent of the governed. Principle of limited government: government is restricted, & individuals have rights that government can’t take away. Separation of powers: the executive, legislative, and judicial branches are independent and coequal.

More of the Basic Principles  Checks and balances: legislative, executive, & judicial branches check, or restrain, the others.  Judicial review: court determines constitutionality of government actions.  Federalism: powers of government divided between central & local governments. * Chapter 3, Section 1

Amending the Constitution  Constitution provides for amendment — changes.  Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment. Chapter 3, Section 2

Formal Amendment Process  The four different ways by which amendments may be added to the Constitution are shown here:

Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms. Chapter 3, Section 2

Informal Amendment Processes Informal amendment process can take place by: (1) passage of basic legislation by Congress; (2) actions taken by the President; (3) key decisions of the Supreme Court; (4) activities of political parties; & (5) custom. Informal amendment: over time many changes made in Constitution that didn’t involve changes in its written words. Chapter 3, Section 3

Executive Action and Court Decisions Executive Action  Presidential actions produced some important informal amendments: use of military under power of commander in chief.  Executive agreement: pact made by President directly with head of a foreign state. Court Decisions  The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear. Chapter 3, Section 3