Chapter 3 The Constitution

The Six Basic Principles Constitution Organized in a simple and straight forward way Introduction is the Preamble The balance of the original document is divided into seven numbered sections called Articles

Articles of the Constitution Section Subject Preamble States the purpose of the Constitution Article I Legislative branch Article II Executive branch Article III Judicial branch Article IV Relations among the States Article V Amending the Constitution Article VI National debts, supremacy of national law, and oaths of office Article VII Ratifying the Constitution

The Six Basic Principles Popular Sovereignty Political power resides in the people; gov’t draws power from the people, people give the gov’t power

The Six Basic Principles Limited Government No gov’t is all-powerful, gov’t may do only those things that the people have given it the power to do Gov’t must obey the laws

The Six Basics Principles Separation of Powers 3 distinct and independent branches of the gov’t Congress – Legislative Branch President – Executive Branch Courts – Judicial Branch First 3 articles declares what each branch can do

The Six Basic Principles Checks and Balances Each branch is subject to a number of constitutional checks by other branches Each branch has certain powers with which it can check the operations of the other two

The Six Basic Principles Judicial Review Power of courts to determine whether what gov’t does is in accord with what the Constitution provides It is the power of a court to determine the constitutionality of a governmental action

The Six Basic Principles Federalism Division of power among a central gov’t and several regional governments

Formal Amendment The Constitution of today is and at the same time is not the document of 1787 Many words are the same and have the same meaning. But some of its words have been changed, some eliminated, and some added. Meaning of many provisions have been modified

Formal Amendment Process of Constitutional change of modification and growth – 2 ways 1. by formal amendment 2. by other, informal means

Formal Amendment Formal Amendment Formal amendment – changes or additions that become part of the written language of the Constitution itself Constitution provides amendments – for changes in its written words 2 methods for proposal 2 methods for ratification of constitutional amendments

1st Method PROPOSED BY CONGRESS BY A 2/3 VOTE IN BOTH HOUSES AND BE RATIFIED BY THE STATE LEGISLATURE OF ¾ OF THE STATES

2nd Method PROPOSED BY CONGRESS RATIFIED BY CONVENTIONS HELD IN ¾ OF THE STATES

3rd Method RATIFIED BY ¾ OF THE STATES LEGISLATURE PROPOSED AT A NATIONAL CONVENTION CALLED BY CONGRESS WHEN REQUESTED BY 2/3 OF STATE LEGISLATURE RATIFIED BY ¾ OF THE STATES LEGISLATURE

4th Method RATIFIED BY CONVENTIONS IN ¾ OF THE STATES PROPOSED BY A NATIONAL CONVENTION

Formal Amendment Proposals of amendments take place at the national level and ratification is a state-by-state matter Also the action requests the expression of the peoples sovereign will

Formal Amendment 27 Amendments First 10 amendments are called the Bill of Rights 11-27 amendments were added over the past 200 years – grew from some particular set of circumstances

Constitutional Change by Other Means Constitution change Over time, many changes have been made in the constitution which have not involved any changes in its written words 5 basic ways to constitutional change other than formal amendment 1. Basic Legislature 2. Executive Action 3. Court Decisions 4. Party Practices 5. Custom

Basic Legislature Congress major agent of constitutional change in two important ways 1. has passed many laws to spell out several of the Constitutions brief provisions 2. Congress has added to the Constitution by the way in which it has been used many of its powers

Executive Action Presidents have used their powers granted to the through the Constitution Declaring war (example)

Court Decisions Mostly the United States Supreme Court, interpret and apply the Constitution in many cases

Party Practices Constitution makes no mention of political parties They do hold national conventions – electoral college

Custom Unwritten rules; heads of 15 executive departments make up the cabinet Practice of senatorial courtesy – unwritten rule closely followed by the Senate