THE UNITED STATES CONSTITUTION

A. Six Principles of the Constitution Popular Sovereignty; Limited Government; Separation of Powers; Checks and Balances; Judicial Review; Federalism

A. Six Principles of the Constitution 1. Popular Sovereignty: Basis for the concept of the US Constitution; that the people are the only source of any and all governmental power, that government must be conducted with the consent of the governed. -Sovereign people created the Constitution and the government, both federal and state.

A. Six Principles of the Constitution 2. Limited Government: Basic principle of the American system of government; that government is limited in what it may do, and each individual has certain rights that government cannot take away Constitutionalism: Government is conducted according to constitutional principles, i.e., that those who govern are bound by the fundamental law.. Rule of Law: Concept that government and its officers are always subject to -- never above -- the law.

A. Six Principles of the Constitution 3. Separation of Powers:  Basic principle of the American System of government, that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government.

A. Six Principles of the Constitution 4. Checks and Balances: System of overlapping the powers of the legislative, executive, and judicial branches, to permit each branch to check the actions of the others.

A. Six Principles of the Constitution 5. Judicial Review: Power of the courts to determine the constitutionality of the actions of the legislative and executive branches of government. Unconstitutional: Contrary to constitutional provisions and is then illegal, null and void, and of no force and effect.

A. Six Principles of the Constitution 5. Judicial Review…continued Through the landmark case of Marbury v. Madison (1803), the judicial branch possesses the power to determine the constitutionality of an action of the government. Marbury v. Madison: (Article III, judicial powers) Chief Justice Marshall established "judicial review" as a power of the Supreme Court. After defeat in the 1800 elections, President Adams appointed many Federalists to the federal courts, but the commissions were not delivered. New Secretary of State James Madison refused to deliver them. Marbury sued in the Supreme Court. The Court declared a portion of the Judiciary Act of 178 unconstitutional, thereby declaring the Court's power to find acts of Congress unconstitutional.

A. Six Principles of the Constitution 6. Federalism: The division of political power among a central government and several regional governments.  a. Federalism is a compromise between a strict central government and a loose confederation, such as that provided for in the Articles of Confederation.

B. Parts of the Constitution (Articles) Article 1- The Legislative Branch (congress) ARTICLE 2 – The Executive Branch (the president) ARTICLE 3 – The Judicial Branch (supreme court) ARTICLE 4 – The States ARTICLE 5 – Amendments ARTICLE 6 – Debts, supremacy and oaths ARTICLE 7 – Ratification

ARTICLE 2 – The Executive Branch (the president) B. Parts of the Constitution (Articles) Article 1- The Legislative Branch (congress) The role of the legislative branch is discussed in Article I. The legislative branch includes the House of Representatives and the Senate. Together they are called Congress. Members of the House of Representatives are often referred to as members of Congress, but Senators are always called Senators. ARTICLE 2 – The Executive Branch (the president) Rules for how the President and the Vice President are elected are defined in Article II. It also defines the responsibilities and powers of the President and the executive branch. ARTICLE 3 – The Judicial Branch (supreme court) The judicial branch includes the Supreme Court and lower courts. Article III states that Supreme Court Judges can hold office for life, unless they are removed, impeached, or convicted of a crime. It also says that anyone accused of committing a federal crime has the right to a trial by jury.

ARTICLE 6 – Debts, supremacy and oaths B. Parts of the Constitution (Articles) ARTICLE 4 – The States Article IV discusses the relationship between states and the federal government. It also outlines the rules for admitting new states to the Union. ARTICLE 5 – Amendments The Founding Fathers realized that over time, the government might need to make changes, called amendments, to the Constitution. ARTICLE 6 – Debts, supremacy and oaths Article VI states that the Constitution is the highest law of the land. Federal and state officers and judges must uphold the Constitution. ARTICLE 7 – Ratification The names of the men who signed and ratified, or approved the Constitution, are in Article VII. It confirms the establishment of the Constitution.

Method Proposed By Ratified By 1 2 3 4 C. Formally Amending the Constitution Four Methods of amending the Constitution:   Method Proposed By Ratified By 1 (26 adopted) 2/3rds of Congress 3/4ths of State Legislature (38/50) 2 (1 adopted) 3/4ths of States through Special Conventions 3 National Convention called by 2/3rds of States Legislature 4 National Convention called by Congress when requested by 2/3rds of States Legislature  -Congress can place reasonable time limits on ratification process -When Congressional resolution passed, proposal is forwarded to President for signature, as in other enrolled legislation

C. Formally Amending the Constitution  3.    The 27 Amendments   Bill of Rights, i.e., the first 10 amendments to the U.S. Constitution, set out the great constitutional guarantees of freedom of expression and belief, of freedom and security of the person, and of fair and equal treatment before the law. [Note that a women's right to vote is not a right guaranteed by the Bill of Rights]    The Bill of Rights were proposed by Congress in 1789 and arose from the controversy surrounding the ratification of the Constitution itself. b. The Civil War Amendments combined to end slavery (13th, 1868), define American citizenship, proclaim the rights of due process and equal protection of the law (14th, 1868), and outlaw restrictions on the right to vote based on race, color, or previous condition of servitude (15th, 1870). c. Other amendments further define the workings of government, empower the government in certain ways, or deal with important social issues.  

3 Branches of Government: Checks and Balances

Branches of Government Executive Legislative Judicial

Checks & Balances Chart Executive Judicial Legislative

Checks & Balances Chart Executive approves presidential nominations override presidential veto’s; impeach president The president can veto Congressional Bills; Executive Order Legislative

Checks & Balances Chart Executive Court can declare Presidential acts Unconstitutional President nominates Judges Judicial

Checks & Balances Chart Congress confirms nominations and can impeach judges Judicial Legislative Court can declare bills/laws unconstitutional

Checks & Balances Chart Executive approves presidential nominations override presidential veto’s; impeach president ; Court can declare Presidential acts Unconstitutional The president can veto Congressional Bills; Executive Order President nominates Judges Congress confirms nominations and can impeach judges Judicial Legislative Court can declare bills/laws unconstitutional

Individual Activity Which branch of government would you consider to be the most powerful and why? At least a half page