1. Chapter 3 The Constitutionpp

2. Six Basic Principles Constitutionalism
65 the government must operate according to the principles of the Constitution.
Rule of law
64 The government and its officers are always subject to –never above– the law.

3. The Constitution Separation of powers
66 idea that government powers should be divided.
Protect the country from a dictatorship
Three branches
Legislative (make laws, policy)
Executive (carries out/enforces law, policy)
Judicial (interprets laws)

4. Checks and balances
67 each branch has controls over the other two branches
Each branch is controlled by the other two.
Graphic organizer: p. 68

5. EC: Veto (2) 67 power to reject the act of another.
The President has the power to stop an act of Congress.
Congress, however, may pass the law again, forcing the President to accept it
override the veto

6. Judicial review
69 power of the federal courts to decide whether an act of a legislature or executive is “constitutional” or not.
Can cancel/reverse that law/act or part of it.
“unconstitutional”

7. Federalism
70, 88 the division of lawmaking, jurisdictional, and enforcement power between the
National (federal)
State
Local (county, city, town)

8. Amendment Amendment Bill of Rights 72 list of first ten amendments….
72 addition or change to the Constitution,
Follows rules listed in Article V
Bill of Rights
72 list of first ten amendments….
Added by Federalists to satisfy Anti-Federalists…..
Ensure state and individual rights and limits on federal government regarding those rights.

9. EC: Informal amendment process
Changing the Constitution through daily acts over the history of our nation.
Legislative actions
acts/bills/
customs/practices/traditions
Executive actions
actions/practices/traditions
Judicial actions
judgments
Political parties
Practices

10. Informal Amendment Treaty
79 binding commitment between two or more nations.
Made by executive branch
Must be approved by Congress
Executive Agreement
80 a pact between the leaders of a nation, more policy, not legally binding
Congressional approval not needed

11. Informal Amendment Electoral college
81 a second group of delegates specified in the Constitution that elects the President separately from the popular vote.
The political parties select their delegates and the winning party in a state commits all the state’s electoral votes for their candidate.
Nowhere in the Constitution is this written.

12. Informal Amendment Presidential Cabinet 81 advisors to the president.
Not written in the Constitution, but has become an important part of the executive
Head the executive departments.
Head some key advisory councils
Advise and report to the president on matters relating to their department

13. To form a more perfect union Establish justice
Chapter 3 pp Preamble to the US Constitution (ideals/purposes) 64,
To form a more perfect union
Establish justice
Insure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessings of liberty to ourselves and our posterity.

14. Formal Amendment Methods
73 Proposed by a national convention, called by Congress, supported by 2/3 of state legislatures
Ratified by ¾ of the state legislatures
Proposed by a national convention
Ratified by conventions in ¾ of the states

15. Formal Amendment Methods
2/3s of both houses approve proposal
Ratified by ¾ of the state legislatures
Proposal by Congress
Ratified by conventions in ¾ of states

16. EC: The Judiciary Act of 1789
79 Congress gave the federal courts this power, not the Constitution (Only the Supreme Court is listed there.
Set up all the lower federal courts

17. How can the Executive Action Change the Constitution
80 EC: Presidential decisions that have continued without Congressional approval affect the way the government works. (2)
Executive agreement:
Policy speeches

18. Classwork

19. p. 65
How do the first three Articles of the US Constitution differ from the last four?
They outline the basic structure and powers of the of the government.
The last four address more specific topics.

20. p. 65
Some call the Constitution “living” , meaning that it is growing with the nation and its needs.
Which of the Articles makes it a “living” Constitution? explain
Article V
Amending the Constitution:
Adding/changing the Constitution

21. Outline of the Constitution
Preamble
Basic purposes of the government
Articles:
powers of the branches
Various constitutional rules and procedures
Amendments
Rights, rules, and procedures, added as needed

22. p. 67 Political cartoon? What does it mean, “carved in stone”?
That the words cannot be changed. There is only ONE way to read it.
Is the Constitution “carved in stone”?
Yes,
if interpreted strictly, according to what is actually written there.
No,
since it can change with the times as deemed necessary by the legislature.

23. p. 68
In what way can the power of the judiciary be checked by the other branches?
Executive (President)
nominates (appoints) Supreme Court justices and federal court judges.
Legislative (Congress)
Creates lower courts
approves Supreme Court nominees and federal court nominees.
Impeaches justices and judges

24. p. 69
What characteristic of a law can lead the Supreme Court to overturn it?
If it is deemed to be unconstitutional by a federal court.

25. p. 73 How does the formal amendment process illustrate federalism?
It involves both the Federal Government and the States.

26. p
1. What was the Court’s reason for protecting a protester who burned an American flag?
It is a form of free speech, protected by the First Amendment of the Constitution.

27. p
2. Both the Schenck case (1919) and the Tinker case (1969) involved anti-war protests. How would you explain the difference between Supreme Court decisions?
Schenck:
Sending anti-war pamphlets to draftees was not protected by the First Amendment
It presented a “clear and present danger” to US national security.
Tinker:
Wearing an armband in school to protest the war was protected by the First Amendment because it did not present a “clear and present danger” to national security.

28. p. 76 Which amendment was adopted in the shortest time?
The 26th Amendment
Which one took the most time to ratify?
The 27th Amendment

29. p. 80
Should the president be able to make war without a declaration of war by Congress?
It depends if the president is abusing war powers as commander-in-chief by committing troops abroad.

30. p. 82
Why did Roosevelt’s reelection lead supporters of the “no-third-term” tradition to push for a constitutional amendment?
They no longer believed that presidents would follow custom alone.
EC: What custom existed about how many terms a president should have?
All presidents before FDR only had two terms.
EC: Who started it?
George Washington

31. p. 82, Amendments to the Constitution
There are 27 presently.
What are they about?
Rights
Procedure
Social issue

32. Review
What is the difference between formal and informal amendment of the Constitution? Describe.
Formal: (2)
Actual change/addition to the Constitution, using procedures/rules described in Article V.
Informal: (2)
Changes in laws through daily acts/decisions/policies by various government agencies and leaders.

33. Amendment
EC: Which of the four methods on the previous slides is the only method used in all 27 Amendments:
Proposed by a national convention, called by Congress, supported by 2/3 of state legislatures
Ratified by ¾ of the state legislatures

34. p. 85
28. what point is the cartoonist trying to make about the ease or difficulty of proposing constitutional amendments?
Cartoonist is proposing that it is or should be as simple as posting a letter.
29. based on your reading, do you agree or disagree with the cartoonist’s question? Explain your answer.
Whether one agrees or not, presently, it is quite complex to amend the Constitution.