CHAPTER 3-INFORMATION “THE CONSTITUTION” AMERICAN GOVERNMENT CHAPTER 3-INFORMATION “THE CONSTITUTION”

3 BASIC PARTS-CONSTITUTION Preamble-introduction to the Constitution Articles-7-used for organization Amendments-27-Additions or changes to the Constitution

Seven Articles-Constitution Legislative-Power to make the law Executive-Power to enforce the law Judicial-Power to interpret the law Relations among the States-Ground rules for what States can and can’t do to each other Amending the Constitution-Formal Process National Debts, Supremacy Clause, Oaths of Office Ratification of the Constitution-9/13

Basic Principles-Constitution Popular sovereignty-People are sovereign; “We the People”; Elections Limited Government-Government has only the authority it has given to it -Constitutionalism-Gov’t according to the Constitution -Rule of Law-Gov’t is never above the law Separation of Powers-Splitting powers into three equal branches; create a stronger yet limited gov’t

Basic Principles-Continued Check and Balances-Authority that each branch has to restrain the others Judicial Review-Power of the courts to determine if what the government does is in accordance with the Constitution -”Marbury v. Madison”; “Roe v. Wade” Federalism-Division of power between the central government and the regional (state) governments; Compromise-Kings Rule v. States Rule

Formal Amendment Process Article V-(5) Formal-Actual change to the wording of the Constitution-27 Amendments This process was meant to be difficult; less change Graph-p. 76-27th Amendment-Significance

Formal Amendment Steps Step 1-Proposal-Must come from the National level of government by the United States Congress-2/3 vote Step 2-Ratification (formal Approval)-Must come from the States by the 50 State Legislatures-3/4 vote of the fifty states (38)

Informal Amendment Process Involves changes to the interpretation of the Constitution; not the wording!! Happens more frequently This is a result of day to day experiences of government under the Constitution

Informal Amendment Examples “Basic Legislation”-Congress passing laws; defining Constitutional Powers; Power to Regulate Commerce (FDA) “Executive Action”-Presidential Action; Commander in Chief Power (Declare War) Executive Agreement (Made by the President with the head of another foreign State v. Treaty (Made with another country with the consent of the Senate)

Informal Amendments-Examples “Court Decisions”-Courts constantly interpret and apply the Constitution-Change!!! “Woodrow Wilson-Courts are a Constitutional Convention in Constant process” -Precedent-all court decisions set precedent (Standard or example to be followed in the future) “Political Party Practices”-Political Parties are not mentioned in the Constitution-George Washington warned us to stay away from them; Electoral College-Changed because of political parties; Nominations made by political party

Informal Amendments-Cont. “Customs” Cabinet-Started by George Washington(4) today 15 Death of the President-(8) V-P moves up (25th Amendment-1967) Senatorial Courtesy-Appointments to federal judgeships are done if the Senators from that State agree “No-Third Term Tradition”-22nd Amendment(1951) George Washington started it and FDR broke it