1. Presentation Pro © 2001 by Prentice Hall, Inc. Magruder’s American Government C H A P T E R 3 The Constitution

2. 123 Go To Section: Chapter 3, Section 1 The Six Basic Principles S E C T I O N 1 The Six Basic Principles What are the important elements of the Constitution? What are the six basic principles of the Constitution? 2222 3333

3. 123 Go To Section: The Constitution C H A P T E R 3 The Constitution Warm-Up Explain the concepts of Constitutionalism and The Rule of Law Chapter 3 2222 3333 1111

4. 123 Go To Section: An Outline of Govt. The Constitution Sets out basic principles rather than a detailed plan... Pro or Con? Chapter 3, Section 1 2222 3333

5. 123 Go To Section: An Outline of Govt. The Constitution is a fairly brief document. Contrast this with the U.S. legal code…Why?? Chapter 3, Section 1 2222 3333

6. 123 Go To Section: An Outline of Govt. How is the Constitution organized? briefly explain the purpose of each one Preamble Articles 1-7 Chapter 3, Section 1 2222 3333

7. 123 Go To Section: An Outline of Govt. The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments. Chapter 3, Section 1 2222 3333

8. 123 Go To Section: Articles of the Constitution Chapter 3, Section 1 2222 3333

9. 123 Go To Section: Three of the Basic Principles: What is it? How does it work? Provide an Example from the Constitution Chapter 3, Section 1 2222 3333 popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed. limited government states that government is restricted in what it may do by the expressed powers and the Bill of Rights. Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.

10. 123 Go To Section: More of the Basic Principles: What is it? How does it work? Provide an Example Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. judicial review consists of the power of a court to determine the constitutionality of a governmental action. Federalism a system of government in which the powers of government are divided between a central government and several local governments. 2222 3333

11. 123 Go To Section: Formal Amendment S E C T I O N 2 Formal Amendment What are the different ways to formally amend, or change the wording of, the Constitution? How many times has the Constitution been amended? What is the Bill of Rights? Chapter 3, Section 2 3333 1111

12. 123 Go To Section: Amending the Constitution The Constitution provides for its own amendment—that is, for changes in its written words. Where do we find those instructions? Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment. Chapter 3, Section 2 3333 1111

13. 123 Go To Section: Chapter 3, Section 2 3333 1111 Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here:

14. 123 Go To Section: Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms. Chapter 3, Section 2 3333 1111

15. 123 Go To Section: Wrap-Up Why does the Constitution require an extraordinary majority for the ratification of amendments?

16. 123 Go To Section: Chapter 3, Section 3 Informal Amendment S E C T I O N 3 Informal Amendment How has basic legislation changed the Constitution over time? What powers do the executive branch and the courts have to amend the Constitution? What role do party politics and custom have in shaping the Federal Government? 2222 1111

17. 123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (1) the passage of basic legislation by Congress; The “inferior “courts, Executive branch offices, presidential succession (2) actions taken by the President…The problem with article 2?? War Powers, executive agreements, signing statements (3) key decisions of the Supreme Court; (4) the activities of political parties; Primaries and caucuses, electoral college, debates (5) custom. Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section 3 2222 1111

18. 123 Go To Section: Executive Action and Court Decisions Chapter 3, Section 3 2222 1111 Executive Action Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. An executive agreement is a pact made by the President directly with the head of a foreign state. Signing Statement * A statement by the president in regard to how she interprets a law and intends to enforce it Court Decisions The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

19. 123 Go To Section: Political Parties and Custom Political Parties The rules for the selection of candidates -Primaries and caucuses The electoral college selection Two “slates” of electors both selected by the parties Custom Cabinet – heads of executive agencies make up the presidents “advisory board” Senatorial Courtesy – Senators have a say over presidential appointments in their states Presidential term limits - A lesson on the strength of tradition: 22 nd Amendment

20. 123 Go To Section: The Founders’ Great Mistake, Epps What, according to Epps, was remarkable about the creation of the American presidency? Why is Art. II so vague?.. Describe Hamilton’s vision of the, “unitary President.” How did he contrast the powers of the executive with that of the legislature? What did he point to as proof? How did the Bush Admin. Adopt Hamilton’s view? Do we find in this article, another, more plausible reason, for the electoral college? Why has the electorate tolerated the “unitary” executive as espoused by Hamilton? Do any of Epps’s reform proposals merit attention?