Chapter 3 Notes Constitution

Section 1 Blueprint for Government The Constitution divides the powers of among three separate branches: legislative, executive, and judicial. The Constitution includes checks on and balances of government power to prevent any one branch of government from overpowering the others.

Section 1 Blueprint for Government The Framers stated six goals in the Preamble: Perfect union, justice, domestic tranquility, common defense, general welfare, and secure blessings of liberty. Dilemma of democratic government Allowing people substantial freedom Controlling worst aspects of human behavior

Section 1 Blueprint for Government Framers’ solution Create governing document Divide, distribute, and balance governmental power Bill of Rights Final check on power Inclusion of Bill of Rights in 1791

Section 1 Blueprint for Government Three main parts Preamble—states broad goals The seven articles—create structure of the U.S. government The amendments

Section 1 Blueprint for Government Article I Creates and empowers Congress, the lawmaking body of the nation- “power of the purse”. Article II Establishes duties of the executive branch; the president, the vice-president. Carries out laws passed by legislative branch

Section 1 Blueprint for Government Checks and Balances Congress checks executive by controlling taxes and spending Can reject nominations; approve treaties Congress given power to declare war; limits president’s power

Section 1 Blueprint for Government Presidential Frustration Roosevelt responded by introducing legislation to reorganize the federal judiciary Wanted to increase the size of the Court by adding new justices Result would be larger Supreme Court with favorable majority

Section 1 Blueprint for Government Courts exercise judicial review—power to determine whether actions of legislative and executive branch are constitutional Judicial review not mentioned in Constitution In 1803 the Supreme Court established the principle of judicial review with the landmark case Marbury v. Madison

Section 2 Enduring Document The Constitution is an enduring document that has the ability to grow and change over time.. The Constitution has been amended 27 times. The first 10 amendments are known as the Bill of Rights.

Section 2 Enduring Document Adding Amendments Two ways can be proposed: 1.by Congress, with the approval of at least two-thirds of the House and two-thirds of the Senate 2. by delegates at a national convention that is called by Congress at the request of at least two-thirds of the state legislatures Ratifying Supermajority required to ratify amendments ¾ state legislature or ¾ National Convention.

Section 2 Enduring Document 18th Amendment 1919: Enough state legislatures had ratified the proposal to make it the Eighteenth Amendment; but drinking alcohol not banned Prohibition unpopular Lucrative trade in illegal alcohol; led to organized crime, political corruption, and violence

Section 2 Enduring Document The Bill of Rights First Amendment—right to practice religion freely, protects freedom of expression, press , and the right to ask the government to correct injustices 4th protects individuals against unreasonable searches and seizures of private property 5th and 6th guarantee due process of law; no self-incrimination; right to a speedy trial and the right to an attorney

Section 2 Enduring Document Civil War amendments: 13,14, and 15th Amendments- abolish slavery, African Americans the citizenship, and the right to vote. Not enforced in the South because of Jim Crow laws (1877-1965).

Section 3 Applying the Constitution Political parties, customs, and traditions have affected how the Constitution is applied and carried out. Section 1, Article III created the Supreme Court; Congress authorized to create “such inferior courts as the Congress may from time to time ordain and establish” With Judiciary Act of 1789 created system of lower-level federal courts

Section 3 Applying the Constitution Presidents make executive agreements—arrangements or compacts with foreign leaders or foreign governments Executive branch agencies usually have rule-making power; rules have force of law; examples are medicine we take and tap water

Section 3 Applying the Constitution Supreme Court Strict interpretation of the Constitution means giving the words in the document only their literal meaning Loose construction means following the words plus any reasonable inferences that can be drawn from them

Section 3 Applying the Constitution Political Parties Political party—an organized group that seeks to win elections in order to influence the activities of government

Section 3 Applying the Constitution Legacy of Political Movements Populists supported bank regulation; government regulation of railroads; unlimited coinage of silver; direct election of senators Progressives took same causes as Populists; helped the urban poor

Section 3 Applying the Constitution Criticisms of the Constitution Inability to govern effectively due to separation of powers—gridlock Electoral college—the body of 538 people elected. Critics complain that winner of popular vote may not win.