Chapter 3: The Constitution

What’s in it Preamble- purpose of gov’t Article I- Legislative Article II- Executive Article III- Judicial Article IV- relations among States Article V- amending the Constitution Article VI- doc. is supreme law of the land Article VII- ratification of Constitution 27 Amendments

Pillars of the Constitution! Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism

Popular Sovereignty –“We the People of the United States…do ordain and establish this Constitution for the United States of America” Limited Government –Government must obey the law – constitutionalism –a.k.a. ‘rule of law’ – gov’t & leaders are always subject to it, never above it Separation of Powers –The distribution of governmental powers

Checks & Balances –Branches have built-in ways to restrain the actions of the other 2 branches

Checks & Balances (pg. 68 in textbook)

Judicial Review –power of the courts to determine constitutionality of governmental action –not explicitly written in the US Constitution Marbury v. Madison (1803) Federalism –came into being because of the weak Articles of Confederation

Changing the Constitution 2 ways –Formal amendments Changes to the written word –Informal means

Formally Amending the Constitution *** 2/3 of the House = 290 (of 435); 2/3 of the Senate = 67 (of 100) 2/3 of the States = 34 (of 50); ¾ of States = 38 (of 50)

Formally Amending con’t An example of federalism in practice –How? Who is sovereign when amending the Constitution? No popular vote before a State legislative vote, though there can be an advisory vote

Proposing an Amendment Congress does not send a proposed amendment to the President Only 33 proposed amendments have been sent to the States –Only 27 have been ratified Congress may set a time limit on the ratification of an amendment

The 27 Amendments Page 76 & (Bill of Rights) –Constitutional guarantees: freedom of belief & expression, freedom & security of the individual, and fair & equal treatment before the law –10 talks about ‘reserved powers’ in federal system came out of particular circumstances

Informal “Amendments” Putting the meat on them bones! The Framers did this intentionally –Therefore, it can change from day-to-day, year-to-year, generation-to-generation “…a constitutional convention in continuous session.” – Woodrow Wilson Occurs in 5 basic ways…

Five Ways Basic Legislation –Congress provides details for sections of the Constitution (as circumstances necessitate) Includes defining broad terms in the Constitution Executive Action –The VARIOUS ways presidents have used their (presidential) powers

Five Ways continued… Court Decisions –Mainly the Supreme Court Constitutional interpretations –Marbury v. Madison (1803) –McCulloch v. Maryland (1819) –Gibbons v. Ogden (1824) Party Practices –“Let me now…warn you [of] the baneful effects of the spirit of party...” –G. Washington –E.g.: -Constitution does not mention them at all -nominations of candidates for presidency -political business done on the basis of party lines

Five Ways finale… Custom –long-established practice considered as unwritten law –E.g.: -the presidential Cabinet -senatorial courtesy in the appointment of federal positions in a State -two-term limit …oops!

DIRECTIONS Groups of 3 [count off 1-10(.04) or 1-11(.06)] Each group member is to read ONE (1) page of “Selected Readings” You will have 5 minutes to read the page Then, 14 minutes to answer the questions on the handout with your partners –Answer in complete sentences Will be handed in!!! When done, paper clip your “Selected Readings” packet