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The Constitution The Constitution is made up of 8 sections

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Presentation on theme: "The Constitution The Constitution is made up of 8 sections"— Presentation transcript:

1 The Constitution The Constitution is made up of 8 sections
Preamble – states the purpose of the Constitution 7 Articles Article 1 – Legislative Branch Article 2 – Executive Branch Article 3 – Judicial Branch Article 4 – Relations among the States Article 5 – Amending the Constitution Article 6 – National debts, supremacy of national law, and oaths of office Article 7 – Ratifying the Constitution

2 The Basic Principles Popular Sovereignty – all political power rests with the people. Government can only govern with the consent of the governed. Limited Government – no government is all-powerful, government may only do those things that people have given it the power to do. Separation of Powers – Power will be divided between three branches of government: legislative, executive, judicial

3 Basic Principles (cont.)
Checks and Balances – The three branches are not completely separated nor completely independent. Each branch is subject to a series of constitutional checks (restraints) by the other branches. Judicial Review – the power of the courts to declare acts of government unconstitutional. Federalism – division of power between a national government and the states.

4 Checks and Balances Congress creates courts, may remove judges through impeachment, approves appointment of judges, creates executive agencies and programs, may override presidential vetoes with 2/3 vote, may remove the president through impeachment, and approve treaties and presidential appointments The president may veto legislation, may call special sessions of Congress, recommend legislation, appeal to the people, and appoint Supreme court justices and other federal judges. Courts may declare acts of Congress and the president unconstitutional, and judges are appointed for life, making them free from control.

5 Formal Amendment Process
4 methods to formally change the Constitution Proposed by 2/3 vote in each house of Congress and ratified by ¾ of all state legislatures. Proposed by 2/3 vote in each house of Congress and ratified by conventions held in ¾ of the states. Proposed by a national convention, called by Congress at the request of 2/3 of the state legislatures and ratified by ¾ of the state legislatures. Proposed by a national convention, called by Congress at the request of 2/3 of the state legislatures and ratified by conventions held in ¾ of the states.

6 Formal Amendments Since 1789, 10,000 joint resolutions calling for amendments have been proposed in Congress. Only 33 have been sent to the states. Only 27 have been ratified. 6 amendments proposed but not ratified: Seat distribution in the House of Rep., voided citizenship of anyone accepting a foreign title, 1861 proposal to prohibit amendments about slavery, regulation of child labor, equal rights for women, give Washington D.C. representation in Congress

7 The Amendments The first 10 amendments are known as the Bill of Rights, designed to provide and protect individual liberties. 11th – Immunity of states from lawsuits 12th – changed electoral college procedures 13th – abolished slavery 14th – provided citizenship, due process, and equal protection for former slaves 15th – voting rights to African Americans 18th – prohibition of alcohol 21st – repeal of the 18th 22nd – limit on presidential terms 26th – voting age of 18 27th – Congressional pay

8 Informal Amendment Procedures
Basic Legislation Executive Action Court Decisions Party Practices Custom

9 Basic Legislation Congress passes laws to spell out several of the Constitution’s brief provisions Added flesh to the bare bones of the Constitution Congress has interpreted the meaning of the Constitution to expand the kind of legislation it can pass.

10 Executive Action Acting as commander in chief of the military, the president can send troops into action, even though the Constitution gives war-making power to Congress Executive agreements – a pact made directly by the president directly with the head of a foreign state, unlike treaties, these do not have to be approved by Congress

11 Court Decisions America’s courts, mostly the Supreme Court, interprets and applies the Constitution in many cases they hear. Judicial review, given by Marbury v. Madison, 1803.

12 Party Practices The Constitution makes no mention of political parties. Parties have developed the candidate nomination process through national conventions. Party politics is played out on the floor of Congress and the president make appointments based on party affiliation.

13 Custom Unwritten customs may be as strong as written law.
The Cabinet – the president’s 14 executive departments serve as an advising body to the president. The line of presidential succession, after the vice-president, has been created by Congress Senatorial courtesy – custom that the Senate will not approve a presidential appointment opposed by a majority party senator from the State in which the appointee would serve.


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