1. Chapter 3
The Constitution

2. The Six Basic Principles
Constitution
Organized in a simple and straight forward way
Introduction is the Preamble
The balance of the original document is divided into seven numbered sections called Articles

3. Articles of the Constitution
Section
Subject
Preamble
States the purpose of the Constitution
Article I
Legislative branch
Article II
Executive branch
Article III
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

4. The Six Basic Principles
Popular Sovereignty
Political power resides in the people; gov’t draws power from the people, people give the gov’t power

5. The Six Basic Principles
Limited Government
No gov’t is all-powerful, gov’t may do only those things that the people have given it the power to do
Gov’t must obey the laws

6. The Six Basics Principles
Separation of Powers
3 distinct and independent branches of the gov’t
Congress – Legislative Branch
President – Executive Branch
Courts – Judicial Branch
First 3 articles declares what each branch can do

7. The Six Basic Principles
Checks and Balances
Each branch is subject to a number of constitutional checks by other branches
Each branch has certain powers with which it can check the operations of the other two

9. The Six Basic Principles
Judicial Review
Power of courts to determine whether what gov’t does is in accord with what the Constitution provides
It is the power of a court to determine the constitutionality of a governmental action

10. The Six Basic Principles
Federalism
Division of power among a central gov’t and several regional governments

11. Formal Amendment
The Constitution of today is and at the same time is not the document of 1787
Many words are the same and have the same meaning. But some of its words have been changed, some eliminated, and some added. Meaning of many provisions have been modified

12. Formal Amendment
Process of Constitutional change of modification and growth – 2 ways
1. by formal amendment
2. by other, informal means

13. Formal Amendment Formal Amendment
Formal amendment – changes or additions that become part of the written language of the Constitution itself
Constitution provides amendments – for changes in its written words
2 methods for proposal
2 methods for ratification of constitutional amendments

14. 1st Method PROPOSED BY CONGRESS BY A 2/3 VOTE IN BOTH HOUSES
AND BE RATIFIED BY THE STATE LEGISLATURE OF ¾ OF THE STATES

15. 2nd Method PROPOSED BY CONGRESS
RATIFIED BY CONVENTIONS HELD IN ¾ OF THE STATES

16. 3rd Method RATIFIED BY ¾ OF THE STATES LEGISLATURE
PROPOSED AT A NATIONAL CONVENTION CALLED BY CONGRESS WHEN REQUESTED BY 2/3 OF STATE LEGISLATURE
RATIFIED BY ¾ OF THE STATES LEGISLATURE

17. 4th Method RATIFIED BY CONVENTIONS IN ¾ OF THE STATES
PROPOSED BY A NATIONAL CONVENTION

18. Formal Amendment
Proposals of amendments take place at the national level and ratification is a state-by-state matter
Also the action requests the expression of the peoples sovereign will

19. Formal Amendment 27 Amendments
First 10 amendments are called the Bill of Rights
11-27 amendments were added over the past 200 years – grew from some particular set of circumstances

20. Constitutional Change by Other Means
Constitution change
Over time, many changes have been made in the constitution which have not involved any changes in its written words
5 basic ways to constitutional change other than formal amendment
1. Basic Legislature
2. Executive Action
3. Court Decisions
4. Party Practices
5. Custom

21. Basic Legislature
Congress major agent of constitutional change in two important ways
1. has passed many laws to spell out several of the Constitutions brief provisions
2. Congress has added to the Constitution by the way in which it has been used many of its powers

22. Executive Action
Presidents have used their powers granted to the through the Constitution
Declaring war (example)

23. Court Decisions
Mostly the United States Supreme Court, interpret and apply the Constitution in many cases

24. Party Practices Constitution makes no mention of political parties
They do hold national conventions – electoral college

25. Custom
Unwritten rules; heads of 15 executive departments make up the cabinet
Practice of senatorial courtesy – unwritten rule closely followed by the Senate