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The Constitution Chapter Three
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The Six Basic Principles Section One
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Organization of the Constitution:
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The Framers developed the Constitution around six broad principles.
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Popular sovereignty is the idea that the people are the source of all power held by the government.
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Limited government means that the government possesses only the powers the people give it—it must obey the Constitution.
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This principle is also known as constitutionalism.
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Separation of powers establishes three separate parts, or branches, that share the government's power.
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These branches are the executive, the legislative, and the judicial.
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The Constitution uses a system of checks and balances to ensure that none of the three branches can become too powerful.
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Each branch has ways to limit the power of the other two.
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An example of this principle is the power of the President to veto, or reject, any act of Congress.
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Congress may then override a veto with a two-thirds vote in each house.
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Lastly, the Framers used the principle of federalism to divide power between the central government and the States.
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Judicial review is the power of the courts to decide what the Constitution means.
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The courts also have the power to declare a government action to be against the Constitution, or unconstitutional.
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Government officials are subject to the rule of law- they must always obey the law and are never above it.
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End Section One
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Formal Amendment Section Two
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The Constitution has lasted more than 200 years because it has changed with the times.
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Many of its words and their meanings are the same, but some words have been changed, eliminated, or added- and some of the meanings have been modified as well.
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Changes to the Constitution have occurred in two ways: either through formal or informal amendments.
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A formal amendment is a change to the Constitution's written words. The Framers created four ways to make such changes.
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The Framers followed the principle of federalism in creating these methods.
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First, amendments are proposed, or suggested, at a national level—either by Congress or at a national convention.
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Then they are ratified at the State level—either in the State legislatures or by State conventions.
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The first ten amendments are known as the Bill of Rights.
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Congress proposed all of them in 1789 because many people refused to support the Constitution unless the Federal Government protected these basic rights.
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The States approved these ten amendments in 1791.
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The other 17 amendments became part of the Constitution one at a time.
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Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms.
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End Section Two
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Constitutional Change by Other Means Section Three
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Many informal changes to the Constitution have been made since 1787.
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Unlike formal amendments, informal changes do not alter the Constitution's actual words.
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These changes have come from five sources:
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1. Basic Legislation: Congress has made changes to the Constitution by simply passing laws.
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First, it has passed laws that fill in details about the specific ways the government operates.
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Second, it has passed thousands of laws that explain certain parts of the Constitution.
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2. Executive Action: Presidents have used their powers in ways that have produced some informal changes.
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For example, a President may choose to make an executive agreement, or pact, with the head of another country instead of a treaty that requires congressional approval.
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3. The courts have informally changed the Constitution by explaining parts of it when ruling on cases.
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They also decide if government actions are constitutional.
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4. Party Practices: Political parties have informally shaped what the government does.
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For example, the parties have decreased the importance of the Electoral College, the group that formally selects the nation's President.
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5. Customs: the usual ways people do things.
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Many customs have developed in American government that are not mentioned in the Constitution.
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For example, the President's Cabinet, or advisory body, is customarily made up of the heads of executive departments and other officers.
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Senatorial courtesy is a custom in which the Senate will not approve a presidential appointment to serve in a State if the appointment is opposed by a senator from the President's party.
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Identify the Informal Method 1. Although the Constitution states only that candidates for the Senate must be residents of the State from which they are elected, only candidates who have been residents for two years are allowed to run. 2. Citing Thomas Jefferson and the Louisiana Purchase, the President declares Puerto Rico the 51 st state. 3. Congress passes a law setting up special federal courts to handle cyber crimes. 4. After a long legal battle, the Supreme Court declares that laws restricting carbon emissions should be left to the states, restricting Congress’ power to make environmental laws at the federal level. 5. A Democratic convention is held to help identify possible appointees to the Supreme Court.
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End Chapter Three
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