Download presentation
Presentation is loading. Please wait.
1
The Six Basic Principles Section 1
2
Preamble & Articles Preamble - Introduction
- States the purpose of the constitution Article I - Congress Article II - Presidency Article III - Judicial Branch Article IV - Relations among States Article V - Amending the Constitution Article VI - National Debts, Supremacy of National law, Oaths of Office Article VII - Ratifying the Constitution
3
Popular Sovereignty Government can only govern with the consent of the people. The U.S. Government draws all of its power from the people. The people are the only source of power
4
Limited Government Government may do only those things that the people have given it the power to do. Constitutionalism - Govt must be conducted according to constitutional principles. Govt and its officers are subject to the rule of law and not above it. The other opposite side of Pop Sov. The people are the only source of any & all government authority and the govt only has the authority that the people have given it. Set out in the first amendment “ Congress shall make no law….”
5
Separation of Powers Article I – Congress is the law making branch
Article II – President executes, enforces and administers law Article III – The Supreme court interprets and applies the laws of the United States A stronger National Government with limits on its powers.
7
Checks and Balances Constitutional Checks/Restraints - Hold branches accountable to each other for actions Examples of checks: Veto, Appointments, Court Cases 1) Checks makes compromise necessary 2) Keeps the government running 3) It prevents an unjust combination of the majority. 4) Creates a working relationship between Congress & President Runs smoother when same political party is in control.
9
Judicial Review In judicial review, the court determines constitutionality of government actions. The power to declare acts unconstitutional. The Supreme Court answers the question: Does government act in accordance with the Constitution? Independent judges are essential - Protect against being swayed by society Power was established in the case of Marbury v. Madison Most cases govt is acting constitutionally
10
Federalism Federalism is the separation of power among central government & several regional governments. - Example: Washington DC and States The federal arrangement is a division of powers.
11
Formal Amendment Section 2
12
4 Methods of Formal Amendment
1. 2/3 vote in each house and ¾ of State legislatures (38) 2. Proposed by Congress and ratified at conventions in ¾ of the States 3. Proposed by an national convention requested by 2/3 of the States and ratified by ¾. 4. Proposed by a national convention, and ratified by conventions in ¾ of States. 26 of the 27 amendments have been were adopted in this manner. Only the 21st amendment was adopted this way. Congress has never called this type of convention. This is how the Constitution was ratified. Federalism and Pop Sov served by the amendment process. Proposed nationally and ratified state wide.
14
Federalism & Popular Sovereignty
Amending embodies federalism - Proposed nationally, Ratified by States Amendments represent the sovereign will of the people Other details regarding amending: States can’t amend proposals by approved vote of the people. Article V - No State is deprived equal suffrage in the Senate.
15
The 27 Amendments Since 1789 10,000 proposals made
Bill of Rights (1st 10 Amendments to Constitution) proposed 1789, ratified 1791 33 have been sent to the States 27 have been ratified There are time limit set for ratifying - 27th Amendment ratified after 202 years but most were between 1 and 3 years. - Supreme Court case (Dillon v. Gloss) (1921) said Congress can set reasonable time limits Non-ratified amendments were: dist of seats in the House of Rep, voiding the citizenship of anyone accepting a foreign title/honor, prohibit an amendment forever in relating to slavery, congress to regulate child labor, ERA.
16
The 27 Amendments 1st Amendment
- Freedom of Religion, Speech, Press, Assembly & Petition 2nd Amendment - Right to Bear Arms 3rd Amendment - Quartering of Troops 4th Amendment - Search & Seizures (warrant or Prob Cause)
17
es 5th Amendment - No Double Jeopardy, No Self-Incrimination, Confront Witness, Eminent Domain 6th Amendment - Fair, Speedy Trial, Informed of Charges 7th Amendment - Civil Cases in Federal Court, Right to a Jury 8th Amendment - Cruel & Unusual Punishment, Excessive Bail 9th Amendment - Enumerated Rights (Bill of Rights are not your only rights)
18
l - rights of citizens- citizenship at birth 10th Amendment
- Powers to the State(Those not to the Fed) 11th Amendment - Suits against States(Can’t sue in Fed court) 12th Amendment - election of president and vice (separate ballots) 13th Amendment - slavery and involuntary servitude (abolished slavery) 14th Amendment - rights of citizens- citizenship at birth
19
15th Amendment (Civil War Amend)
- right to vote- race, color, servitude 16th Amendment - income tax- Congress power to tax income 17th Amendment - election of senators - popular vote 18th Amendment - prohibition of alcohol 19th Amendment - equal suffrage - women 20th Amendment (Lame Duck Amendment) - commencement of terms- January 20th,
20
21st Amendment - repeal of the 18th 22nd Amendment - presidential tenure- 2 terms 10yrs. 23rd Amendment - electors of D.C.- (3) 24th Amendment - eliminated any poll tax 25th Amendment - presidential succession 26th Amendment - right to vote 18yrs. 27th Amendment - congressional pay - next term
21
Constitutional Changes by Other Means
Section 3
22
5 Means of Change 1. Basic Legislation - Congress passes laws
- How is uses its powers 2. Executive Action - In dealing with foreign affairs – President can make executive agreements with other foreign leaders - Military actions – can use the armed forces without declaring war under power as Commander in Chief 3. Court Decisions – case decisions make changes BL. By 2 means: 1. Laws based on provisions of the constitution. Congress adds “The Flesh and Bones to the constitution. Ex. Article III gives Congress the ability to establish all lower Federal courts(not Supreme Court) Article II allows for Pres and VP and Congress est. the cabinet. 2. Power to regulate foreign and interstate trade/commerce. Never clearly defined foreign & interstate so Congress did much in changing constitution. E.A. – Two main ex: 1.Make war w/o declaration of war and have sent forces aboard over 100 times. 2. Exec agreement with heads of foreign states instead of treaties which need approval of the Senate. C.D. - Woodrow Wilson said of the Supreme Court “a constitutional convention in continuous session” P.P – The Farmers were against the formation of political parties. Washington warned of these in his Farewell Address. Business conduct in congress with party backing in mind. Cust - Ex: The heads of the 15 departments make up the cabinet. Const. states that VP only takes power and duties not office. Senate approval of nominees. No 3rd term started by Washington when he refused a 3rd term, only not observed one time by FDR.
23
- presidential appointments made considering the political parties
4. Party Practices - political parties participate in process of choosing President - presidential appointments made considering the political parties Custom – Unwritten rules that have become part of the procedures of government. For example, -Cabinet made of 15 departments - Vice President takes office in Death of the President(not formal until the 25th amendment).
Similar presentations
© 2025 SlidePlayer.com. Inc.
All rights reserved.