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The Constitution Chapter 3
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Outline of Constitution Framework and procedures Limits and conduct Preamble- short introduction Articles- Sections (7) Section 1 The Six Basic Principles
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Popular Sovereignty People = the only source for any and all governmental power “We the People…do ordain and establish this constitution The Basic Principles
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Limited Government Gov’t may only do those things that people give them power to do Gov’t must obey the law Constitutionalism – Gov’t must be conducted according to constitutional principles Constitution clearly states what gov’t can and can’t do, guarantees certain personal freedoms The Basic Principles
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Separation of Powers Powers are distributed among distinct and independent branches (Presidential system) Article I – Legislative Article II – Executive Article III - Judicial The Basic Principles
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Checks and Balances 3 branches are separate but tied together Each branch is subject to restraints by the other branches President can veto or reject Congress approves appointments and treaties The Basic Principles
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Judicial Review Courts determine whether government action is within the constitutional law May declare an action unconstitutional- illegal or null and void Established in Marbury vs. Madison The Basic Principles
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Division of power among a central gov’t and regional governments How to keep states’ rights and strengthen the federal gov’t? Federalism
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The Constitution has been changed many times Formal Amendment Informal Amendment Section 2 Formal Amendment
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Amendment – to change: Changing the written words of the Const. Art. V sets out 2 ways to propose and ratify amendments 4 possible methods of Formal Amendment Formal Amendment Process
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2/3 vote in each house of Congress Ratified by ¾ of State Legislatures 38 of the State Leg. need to approve today 26 of the 27 amendments were proposed this way 1 st Method
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Proposed by Congress Ratified by Conventions in ¾ of the states Conventions more likely to represent the peoples’ opinion Used for the 21 st Amendment 2 nd Method
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Proposed by a national convention called by Congress at request of 2/3 of State Legislatures Ratified by ¾ of State Legislatures Never been done this way 3 rd Method
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Proposed by national convention Ratified by ¾ of States Constitution was adopted this way 4 th Method
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Federalism and Popular Sovereignty People have the power to ratify amendments State Legislators are elected by the people May have party interests, name recognition, etc. Convention representatives chosen by the people
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Amendment proposals do not have to go to president If not ratified, there is a time limit set on how long it can stay proposed. More than 10,000 resolutions since 1789 33 have made it to the states Proposed Amendments
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Bill of Rights 1 st ten Amendments added within 3 years of Const. being ratified Proposed by 1 st Congress Deal with freedom and security of the people 27 Amendments
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Process by which over time many changes have been made that did not involve changes to the written works Passage of legislation Actions taken by the President Key decisions of the Supreme Court Activities of political parties custom Section 3 Informal Amendment
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Laws that spell out the brief provisions Judicial branch Cabinet The way Congress uses its powers Foreign and Interstate commerce Basic Legislation
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How the president uses their power Using the Army without declaring war Executive agreement vs treaty Executive Action
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Interprets the Constitution Can change over time Court Decisions
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Political Parties are not mentioned in the Const. Presidential nominations? Presidential appointments? Party Practices
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Cabinet Line of succession “no 3 rd term” Custom
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