Principles of the Constitution The Constitution Unit 2 Lesson 3
Amending the Constitution Since the Constitution was signed in 1787, it has been amended 27 times Thousands of amendments to the Constitution have been considered over the years; flag burning, gay marriage The Framers made the amendment process difficult, but not impossible, why? Amendments are proposed two ways: by 2/3 vote in both houses of Congress, or a national convention requested by 2/3 of state legislatures Once an amendment has been proposed it must be ratified by ¾ of the states
Interpreting the Constitution The Constitution’s meaning is not always clear and is often up to interpretation The Constitution gives Congress the power “to make all Laws which shall be necessary and proper;” Congress can exercise powers not specifically listed called “implied powers” The Supreme Court has the final authority on interpreting the Constitution, rulings of the court depend on who is on the court
Popular Sovereignty Popular Sovereignty: the idea that power comes from the people First stated in the Declaration of Independence; “from the consent of the governed” People express their approval or disapproval for the government through voting
Rule of Law Framers wanted a strong government, but not one with too much power, why? To limit the power of the national govt. and state govt. The govt. is limited by the rule of law, even govt. official are not above the law
Separation of Powers To protect against one group getting too much power the framers divided the govt. into 3 branches Each branch of govt. has unique functions that only they can perform This split of authority is called separation of powers
Checks and Balances To make sure no branch gets too powerful, the Constitution include a system of “checks and balances” Each branch of govt. is able to restrain the power of the others President can pick judges, but Congress can refuse to accept his choice Congress can pass a law, but the President can veto it or the Supreme Court can say it is unconstitutional
Federalism Under federalism power is shared by the national govt. and the states Each level of govt. has independent authority, citizens must obey both levels of govt. Powers given to the federal govt. by the Constitution are called “expressed powers” Powers not given to federal govt. are called “reserved powers,” these powers go the states Shared powers are called “Concurrent Powers” Constitution is the supreme law of the land