1. Chapter 3 Democracy checked / Rulers balanced
U.S. Constitution
Chapter 3
Democracy checked / Rulers balanced

2. The Constitution “Absolute power corrupts absolutely.” - Lord Acton
The Constitution reflects the Framers’ belief that controls had to be placed on both the government and those being governed

3. Five Principles 1. Popular Sovereignty 2. Separation of Powers
3. Checks and Balances
4. Limited Government
5. Federalism

4. Popular Sovereignty
People are the most important source of government power
Government works on the consent of the governed
Principle Expanded by Amendments...
#15 African American males can vote
#17 Direct election of Senators by the voters
#19 Women can vote
#26 Citizens aged can vote
Original Constitution only allowed white male citizens to vote for representatives

5. Separation of Powers Three Branches of Government: Legislative
Make the laws to govern governments and the people
Executive
Execute the laws for the people
Administer the laws for the government
Judicial
Interpret the laws made by Congress
Apply the laws to the government and the people

6. Checks and Balances - Federalist #51, James Madison “Checking” Power
“Ambition must be made to counteract ambition.”
- Federalist #51, James Madison
“Checking” Power
Each branch is given some authority over the others
Protection from Tyranny
No one group or branch has more power than another
Each is “balanced” to the others

7. Limited Government Government does not hold all the power
Given specific powers in the Constitution
Does as it is allowed to do by the people
“Government is as government does.” - Not Forrest Gump

8. Federalism Do you remember the Federal system from Chapter 1?
Federalism spreads and splits powers to the...
National Governments
State Governments
Specific Authority for government functions is…
Exclusive
Shared
Prohibited

9. Structure of the Constitution
Three Segments of the Constitution:
The Preamble
The Articles
The Bill of Rights/Amendments

10. The Preamble Broken into Six goals for American Government...
Form a More Perfect union
Establish Justice
Insure Domestic Tranquility
Provide for the common Defense
Promote the General Welfare
Secure the Blessings of Liberty

11. The Articles Articles 1-3 Article 4 Article 5 Article 6 Article 7
Create the Three branches of government
Create the principles in the checks and balances
Article 4
Establishes the relationship between state governments and the national government
Article 5
Explains the process to amend the constitution
Article 6
Establishes the supremacy of national law
Article 7
Outlines the ratification process

12. The Amendments First 10 Amendments, called the Bill of Rights
Ratified in 1791
To gain approval from Anti-Federalists
Amendments
Added between 1798 and 1992
None have changed the basic principles outlined in the original constitution.

13. The Amendments Some examples include...
2nd Amendment: “the right of the people to keep and bear arms shall not be infringed.”
20th Amendment: “The terms of the President and VP shall end at noon on the 20th day of January…” - reduced the lame duck period.

14. Formal Amendment Process
Set up in Article 5:
Difficult
To prevent Congress or the States from making frivolous additions
Flexible
To allow for changes that would occur over time
In public policy
In opinion
In need
In interpretation

15. Formal Amendment Process
Two ways in which formal amendments are proposed to the Constitution...
Proposed by 2/3rds vote of each house of Congress
Proposed by a national constitutional convention requested by 2/3rds of state legislatures
No constitutional conventions have been held since (The one that came up with this!)

16. Formal Amendment Process
Two ways to ratify formal amendments...
Ratified by 3/4ths of the state legislatures
Ratified by specially called conventions in at least 3/4ths of the states
All but one, the 21st amendment, was ratified by option one.

17. Informal Amendment Process
Changes without the formal amendment process
Language used in the Constitution is open to interpretation
Four Ways to create Informal Amendments
1. Legislative Actions
2. Executive Actions
3. Judicial Interpretations
4. Changing Customs

18. Informal Amendment Process
Legislative Actions
Laws passed by Congress to specify powers given to it in the Constitution.
Example: Congress has the power to “lay and collect taxes” in Art.1 Sec.8 but laws since then have created specific taxes/tax levels.

19. Informal Amendment Process
Executive Actions
The manner by which the President carries out his duties to the Constitution.
Examples: In Art. 2 Sec. 2 - President is commander in chief of the Army. Using that authority, the president has ordered the armed forces into battle without the Declaration of War from Congress.
- Korea, Vietnam, Gulf War, Afghanistan, etc.

20. Informal Amendment Process
Judicial Interpretations
The manner by which laws are interpreted by the courts.
Example: In Marbury v. Madison, the Supreme Court claimed for itself the power to strike down any law which is determined to be unconstitutional - not following the constitution.

21. Informal Amendment Process
Changing Customs
Unwritten customs accepted as constitutional.
Example: The Custom was that a President only serve 2 terms, as recommended by George Washington when he left office after his 2nd term.
*Custom was unbroken until Franklin D. Roosevelt won a 3rd and 4th term. Now there is an amendment (#22) which limits the terms to 2, and the years to 10.