Chapter 3 The Constitution How has the Constitution lasted through changing times?

Section 1: Basic Principles Objectives: Understand the basic outline of the Constitution. Understand the six basic principles of the Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

The Constitution of the United States Written in 1787, it took effect in 1789 Is the nation’s fundamental law. “The supreme Law of the Land” The highest form of law in the United States

An Outline of the Constitution The Constitution sets out the basic principles upon which government in the United States was built and operates today. Framework of government People are sovereign and government is limited Distributes powers among three branches of government Each branch has the power to check the other branches

Basic rules of American politics Who wins and loses in the political arena Deals largely with matters of basic principle Not weighted down with detailed and cumbersome provisions

Organization Preamble-introduction Seven sections-articles 27 amendments Printed in the order in which each provision was adopted

The Seven Articles Preamble-states the purpose of the Constitution Article I-Creates the Legislative branch Article II-Creates the Executive Branch Article III-Creates the Judicial branch Article IV-relations among the States Article V-Amending the Constitution Article VI-National debts, supremacy of national law, and oaths of office Article VII-Ratifying the Constitution

Six Basic Principles Popular sovereignty Limited government Separation of powers checks and balances Judicial Review Federalism

Popular Sovereignty All political power resides in the people The people are the only source for any and all governmental power Elected leaders Chosen by the people Represent the people

Limited Government No government is all-powerful Government may do only those things that the people have given it the power to do Government must obey the law Constitutionalism-government must be conducted according to constitutional principles Rule of law-government and its officers, in all that they do, are always subject to the law

Separation of Powers Basic powers are distributed-separated-among three distinct and independent branches of the government Congress-legislative branch Lawmaking branch President-executive branch Law executing, law enforcing, and law-administering powers of the National government Courts-the judicial branch Supreme Court, interpret and apply the laws of the US in cases brought before them.

Checks and Balances Three branches are tied together by checks and balances. Each branch is subject to a number of constitutional checks, or restraints, by the other branches Each branch has certain powers with which it can check the operations of the other two Example: Congress makes law, President may veto, Congress can override veto by a two-thirds vote

Judicial Review The power of a court to determine the constitutionality of a governmental action Judicial review is the power to declare unconstitutional to declare illegal, null and void, of no force and effect Governmental action found to violate some provision in the Constitution

Federalism Division of power among a central government and several regional governs

Section 2: Formal Amendment Objectives Identify the four different ways by which the Constitution may be formally changed Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty Understand that several amendments have been proposed, but not ratified Outline the 27 amendments that have been added to the Constitution.

Formal Amendment Process Changes or additions that become part of the written language of the Constitution Article V sets out two methods for the proposal and two methods for the ratification of amendments Four possible methods

1st- amendment may be proposed by a two-thirds vote in each house of Congress and ratified by three fourths of the State Legislature Today @ least 38 State legislatures must approve an amendment to make it a part of the Constitution

2nd- amendment may be proposed by Congress and ratified by conventions called for that purpose, in three fourths of the States Only the 21st Amendment was adopted in this way

3rd- an amendment may be proposed by a national convention, called by Congress at the request of two thirds of the State legislatures 34 votes today Then it must be ratified by three fourths of the State legislatures

4th- an amendment may be proposed by a national convention and then ratified by conventions in three fourths of the States

Federalism and Popular Sovereignty Proposal takes place at the national level and ratification is a State-by-State matter. When Constitution is amended, that action represents the expression of the people’s sovereign will.

Proposed Amendments *Constitution places only one restriction on the subjects with which a proposed amendment may deal. Article V: declares that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

The 27 Amendments Bill of Rights: The Later Amendments First 10 Amendments Added less than 3 years after it became effective The Later Amendments Added to the Constitution over the last 200 years

Section 3: Change by Other Means Objectives: Identify how basic legislation has added to our understanding of the Constitution over time. Describe the ways in which the executive and judicial branches have interpreted the Constitution. Analyze the role of party practices and custom in interpreting the Constitution.

Basic Legislation Congress-agent of constitutional change 1st:passed a number of laws to clarify several of the Constitution’s brief provisions 2nd:added to the Constitution by the way in which it has used many of its powers. Example: Regulate foreign and interstate commerce

Executive Action Presidents using their power Example: Only Congress can declare war. But the Constitution also makes the President the commander in chief of the nation’s armed forces. Several Presidents have declared war without Congress Executive agreement-a pact made by the President directly with the head of a foreign state Do not need approved by Senate Treaty-a formal agreement between two or more sovereign states

Court Decisions United States Supreme court Interpret and apply the Constitution in many of the cases they hear Court established Judicial Review Not specifically mentioned in the Constitution

Party Practices No mention in the Constitution Most of the framers were against political parties 1830s Major parties held national conventions to elect presidential candidates Electoral College-body that makes the formal selection of the nation’s President

Custom and Usage Unwritten customs Constitution does not say so Examples Not because the constitution says so, the heads of the 15 executive departments make up the Cabinet, an advisory body to the President On each of the 8 occasions when a President died in office, the Vice President succeeded to that office. Yet, the written words of the Constitution did not provide for this practice until the adoption of the 25th Amendment in 1967. Until then the Constitution said only that he powers and duties of the presidency, but not the office itself, “shall devolve on” the Vice President.