Presentation Pro © 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 3 The Constitution

123 Go To Section: Chapter 3, Section 1 The Six Basic Principles S E C T I O N 1 The Six Basic Principles What are the important elements of the Constitution? What are the six basic principles of the Constitution?

123 Go To Section: The Constitution Warm-Up Explain the concepts of Constitutionalism and The Rule of Law Chapter L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: An Outline of Govt. The Constitution Sets out basic principles rather than a detailed plan... Pro or Con? Chapter 3, Section L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: An Outline of Govt. The Constitution is a fairly brief document. Contrast this with the U.S. legal code…Why?? Chapter 3, Section L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: Three of the Basic Principles: What is it? How does it work? Provide an Example from the Constitution Chapter 3, Section popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed. limited government states that government is restricted in what it may do by the expressed powers and the Bill of Rights. Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government. L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: More of the Basic Principles: What is it? How does it work? Provide an Example Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. judicial review consists of the power of a court to determine the constitutionality of a governmental action. Federalism a system of government in which the powers of government are divided between a central government and several local governments L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: An Outline of Govt. How is the Constitution organized? briefly explain the purpose of each one Preamble Articles 1-7…Project Chapter 3, Section L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: An Outline of Govt. The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments. Chapter 3, Section L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: Articles of the Constitution Chapter 3, Section L.O. 3.1: List and explain the 6 basic principles of the Constitution

123 Go To Section: Review/Discussion Questions What is the purpose of the Preamble? Checks and Balances examples? What happens to an unconstitutional law? What is Federalism? Define the three types of government power. Why were the framers so intent on limiting government? How is government limited by the Constitution? How can the power of the Court be checked? Quiz Time!!

123 Go To Section: Formal Amendment S E C T I O N 2 Formal Amendment What are the different ways to formally amend, or change the wording of, the Constitution? How many times has the Constitution been amended? What is the Bill of Rights? Chapter 3, Section

123 Go To Section: Amending the Constitution The Constitution provides for its own amendment—that is, for changes in its written words. Where do we find those instructions? Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment. Chapter 3, Section L.O.2: Identify and explain the four different ways by which the Constitution may be formally changed.

123 Go To Section: Chapter 3, Section Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here: L.O.2: Identify and explain the four different ways by which the Constitution may be formally changed. All but one of the successful amendments to the Constitution have been proposed by Congress and ratified by the state legislatures. The exception is the Twenty- first which was approved by special state conventions… Why?

123 Go To Section: Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms. What does the Bill of Rights protect us from? Chapter 3, Section L.O.3: Explain how the formal amendment process reflects the principles of federalism and popular sovereignty.

123 Go To Section: Wrap-Up Section Review Questions: 1. How many amendments were added in the 2oth century? 2. Describe the four possible ways to amend the Constitution. 3. What freedoms are protected by the Bill of Rights? 4. Why require both houses of congress to approve amendments? 5. Three events/controversies that led to amendments? 6. Why an extraordinary majority for amendments? L.O.3: Explain how the formal amendment process reflects the principles of federalism and popular sovereignty.

123 Go To Section: Chapter 3, Section 3 Informal Amendment S E C T I O N 3 Informal Amendment How has basic legislation changed the Constitution over time? What powers do the executive branch and the courts have to amend the Constitution? What role do party politics and custom have in shaping the Federal Government?

123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (1) the passage of basic legislation by Congress; The “inferior “courts, Executive branch offices, presidential successionExecutive branch offices Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section L.O. 4: Identify how basic legislation has changed the Constitution over time

123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (2) actions taken by the President…The problem with article 2?? War Powers, executive agreements, signing statements War Powers: The Prize Cases and “Clear and Present danger” Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section L.O. 5: Describe the ways in which the Constitution has been altered by executive and judicial actions

123 Go To Section: Executive Action and Court Decisions Chapter 3, Section An executive agreement is a pact made by the President directly with the head of a foreign state. 1. What is an Executive Agreement? 2. Constitutionally speaking, what makes executive agreements so controversial? 3. Are executive agreements described in the Constitution? What do presidents claim gives the power to make executive agreements? L.O. 5: Describe the ways in which the Constitution has been altered by executive and judicial actions

123 Go To Section: Informal Amendment Processes executive agreements Chapter 3, Section L.O. 5: Describe the ways in which the Constitution has been altered by executive and judicial actions

123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (2) actions taken by the President…The problem with article 2?? War Powers, executive agreements, signing statements Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section L.O. 5: Describe the ways in which the Constitution has been altered by executive and judicial actions Signing Statement * A statement by the president in regard to how she interprets a law and intends to enforce it

123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (3) key decisions of the Supreme Court;. Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section L.O. 5: Describe the ways in which the Constitution has been altered by executive and judicial actions Roe v Wade and Privacy?

123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (4) the activities of political parties; Primaries and caucuses, electoral college, debates a)How are our candidates for public office chosen? b)How has the original intent of the electoral college changed? c)Who determines which candidates participate in debates? Chapter 3, Section L.O. 6: Analyze the role of party practices and custom in shaping the Constitution

123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (5) Custom: Cabinet – heads of executive agencies make up the presidents “advisory board” Senatorial Courtesy – Senators have a say over presidential appointments in their states Presidential term limits - A lesson on the strength of tradition: 22 nd Amendment Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section L.O. 6: Analyze the role of party practices and custom in shaping the Constitution

123 Go To Section: Informal Amendment Quiz