1. 1 American Government The Constitution

2. 2 Outline of the Constitution Six Basic Principles Outline of the Constitution THE CONSTITUTION

3. 3 An Outline of the Constitution The Constitution sets out the basic principles upon which government in the United States was built. The Constitution is a fairly brief document. The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments.

4. 4 Articles of the Constitution THE CONSTITUTION

5. Preamble 5 “ We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

6. 6 THE CONSTITUTION Six Basic Principles of the Constitution The principle of 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. The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.

7. 7 Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government. Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another (page 68).

8. 8 The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action. Federalism is a system of government in which the powers of government are divided between a central government and several local governments.

9. Article 1 – The Legislative Branch All Legislative powers herein granted shall be vested in a Congress of the United State, which shall consist of a Senate and House of Representatives - House of Representative - Senate - Elections - Legislative Proceedings - Compensation - Revenue bills - Presidential Veto - Powers of Congress - Powers denied Congress - Powers denied the States 9

10. Article 11 – The Executive Branch The executive power shall be vested in a President of the United States of America. He shall hold his Office during the term of four years, and together with the Vice-President, chosen from the same term, be elected - Executive Power – president and vice president - Presidential powers and duties - Impeachment 10

11. Article 111 – The Judicial Branch The Judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their offices during good behavior, and shall at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office. - Courts and terms - Jurisdiction - Treason 11

12. Article 1v – relationship among the states Section 1 – Full Faith and Credit Section 2 – Privileges and Immunities Clause Section 3 – Admitting New States Section 4 – Protection Afforded to States by the Nation 12

13. 13 Article V – Amending the Constitution Formally Amending the Constitution The Constitution provides for its own amendment —that is, for changes in its written words. 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.

14. 14 Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here:

15. 15 Article V – Amending the Constitution FORMAL AMENDMENT PROCESS First Method: –An amendment may be proposed by a 2/3 vote in each house of Congress and then ratified by ¾ of the state legislatures –38 states must approve –26 out of the 27 amendments have been added this way Second Method: –An amendment may be proposed by congress and then ratified by conventions – in ¾ of the states –Only the 21st amendment was added this way

16. 16 Third Method: –An amendment may be proposed by a national convention – called by congress at the request of 2/3 of the state legislatures (34) and then must be ratified by ¾ of the states legislatures Fourth Method –An amendment may be proposed by national convention and ratified by convention in ¾ of the states. The formal amendment process shows the character of a federal government because they are proposed at the national level and ratified at the state level. When and if the constitution is ratified it represents the expression of the people’s sovereign will Amendments do not have to be approved by the president because this is the expression of the people. Article V – Amending the Constitution

17. SECTION17 Chapter 3, Section 3 Informal Amendments 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? Article V – Amending the Constitution

18. SECTION18 The informal amendment process can take place by: (1) the passage of basic legislation by Congress; (2) actions taken by the President; (3) key decisions of the Supreme Court; (4) the activities of political parties; and (5) custom. 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 3 Article V – Amending the Constitution

19. SECTION19 1. Basic Legislation by Congress –congress has passed many laws to spell out several of the constitutions brief provisions –congress added to the areas that the framers left sketchy Example: –All of the courts, except the Supreme Court were made because of acts of congress –The departments, agencies, and offices in the huge executive branch have been created by acts of congress. –congress had defined the meaning of the words that the framers used (foreign commerce, interstate commerce, regulate trade) Article V – Amending the Constitution

20. SECTION20 2. Executive Action the manner in which different presidents have used their powers has produced a number of informal amendments. Example: –Declaring war – power given to congress, but since president is Commander in chief – in times of crises they can declare war. –Executive Agreement – a pact made by the president directly with the Head of a foreign state. Difference between these and a treaty is that these do not need the Senates approval, but they are legally binding. Article V – Amending the Constitution

21. SECTION21 3. Court Decisions The United States Supreme Court interprets and applies the constitution in all of the cases that they hear. Example: Marbury vs. Madison Article V – Amending the Constitution

22. SECTION22 4. Party Practices the constitution does not mention these The framers were opposed to their growth The constitution does not have any law that provides for the nominating of candidates for the presidency. –They have created a national convention –Changed the electoral college –Congress does much of its business on party lines –The president makes appointments based on party lines –The government is basically run through political parties. Article V – Amending the Constitution

23. SECTION23 5. Custom unwritten customs have developed in our governmental system Example: people chosen for the presidents cabinet become the head of that department before 1967 if the president died the vice-president would take over – it was made into an amendment in 1967 – 25th – that now the vice-president would not only take over responsibility, but also the office. There was nothing in the constitution that did not allow for a third term. The tradition started with Washington to only serve two terms. But Roosevelt served four terms. In 1951 the 22nd amendment was passed to only allow 2 terms. Article V – Amending the Constitution

24. Article VI – Nation’s Debts Section 1 – Validity of Debts Section 2 – Supremacy Clause Section 3 – Oath of Offices SECTION24

25. Article VII – Ratifying the Constitution Ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the States between the States so ratifying the same. SECTION25

26. 26 Amendments to the Constitution