Principles of the Constitution Lesson 4

Proposing an Amendment two ways- by an act of Congress. vote of 2/3 of the members of both houses of Congress is required. 2. national convention called by two-thirds of the state legislatures.

Ratifying an Amendment Once an amendment has been proposed, 3/4 of the states must ratify it.

Why is the Constitution not very detailed? The writers of the Constitution knew that the world would change in ways they could not predict. -For this reason, they attempted to keep the document as general as possible.

Interpreting the Constitution the necessary and proper clause - allows Congress to use powers not directly listed in the Constitution. Loose Interpretation: Some people think Congress should be allowed to make any laws the Constitution does not forbid and that fit its purposes.  Strict Interpretation: Congress should make only the kinds of laws mentioned in the Constitution. 

Major Principles of Government The U.S. Constitution is filled with details about how our government should be structured. These details fall under five basic principles of government. popular sovereignty limited government and the rule of law separation of powers checks and balances federalism

1. Popular Sovereignty The idea that the power of government lies with the people. (Vote!)

2. Limited Government and the Rule of Law Government can do only what the people allow it to do.

3. Separation of Powers Legislative – makes laws Executive – enforces/carries out laws judicial – interprets laws/makes sure laws are applied fairly ****influenced by French thinker Baron de Montesquieu

4. Checks and balances Each branch of government is able to check, or limit, the power of the other two branches in a number of ways.

5. Federalism Power is shared by the national (federal) government and the states. But which has MORE power? Supremacy Clause: the clause in Article VI of the Constitution that makes federal laws prevail over state laws when there is a conflict

Three types of Power In creating a federal system, the writers of the Constitution divided the powers of government into three types. Enumerated Powers: powers held by JUST the national government. Ex- WAR 2. Reserved Powers: Powers held JUST by the states. Ex- Driving Age 3. Concurrent Powers: Powers held by BOTH state and national government -Examples: collecting taxes