1. Chapter 3 The Constitution
How has the Constitution lasted through changing times?

2. Section 1: Basic Principles
Objectives:
Understand the basic outline of the Constitution.
Understand the six basic principles of the Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

3. The Constitution of the United States
Written in 1787, it took effect in 1789
Is the nation’s fundamental law.
“The supreme Law of the Land”
The highest form of law in the United States

4. An Outline of the Constitution
The Constitution sets out the basic principles upon which government in the United States was built and operates today.
Framework of government
People are sovereign and government is limited
Distributes powers among three branches of government
Each branch has the power to check the other branches

5. Basic rules of American politics
Who wins and loses in the political arena
Deals largely with matters of basic principle
Not weighted down with detailed and cumbersome provisions

6. Organization Preamble-introduction Seven sections-articles
27 amendments
Printed in the order in which each provision was adopted

7. The Seven Articles Preamble-states the purpose of the Constitution
Article I-Creates the Legislative branch
Article II-Creates the Executive Branch
Article III-Creates the Judicial branch
Article IV-relations among the States
Article V-Amending the Constitution
Article VI-National debts, supremacy of national law, and oaths of office
Article VII-Ratifying the Constitution

8. Six Basic Principles Popular sovereignty Limited government
Separation of powers
checks and balances
Judicial Review
Federalism

9. Popular Sovereignty All political power resides in the people
The people are the only source for any and all governmental power
Elected leaders
Chosen by the people
Represent the people

10. Limited Government No government is all-powerful
Government may do only those things that the people have given it the power to do
Government must obey the law
Constitutionalism-government must be conducted according to constitutional principles
Rule of law-government and its officers, in all that they do, are always subject to the law

11. Separation of Powers
Basic powers are distributed-separated-among three distinct and independent branches of the government
Congress-legislative branch
Lawmaking branch
President-executive branch
Law executing, law enforcing, and law-administering powers of the National government
Courts-the judicial branch
Supreme Court, interpret and apply the laws of the US in cases brought before them.

12. Checks and Balances
Three branches are tied together by checks and balances.
Each branch is subject to a number of constitutional checks, or restraints, by the other branches
Each branch has certain powers with which it can check the operations of the other two
Example: Congress makes law, President may veto, Congress can override veto by a two-thirds vote

14. Judicial Review
The power of a court to determine the constitutionality of a governmental action
Judicial review is the power to declare unconstitutional
to declare illegal, null and void, of no force and effect
Governmental action found to violate some provision in the Constitution

15. Federalism
Division of power among a central government and several regional governs

16. Section 2: Formal Amendment
Objectives
Identify the four different ways by which the Constitution may be formally changed
Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty
Understand that several amendments have been proposed, but not ratified
Outline the 27 amendments that have been added to the Constitution.

17. Formal Amendment Process
Changes or additions that become part of the written language of the Constitution
Article V sets out two methods for the proposal and two methods for the ratification of amendments
Four possible methods

19. 1st-
amendment may be proposed by a two-thirds vote in each house of Congress and ratified by three fourths of the State Legislature
least 38 State legislatures must approve an amendment to make it a part of the Constitution

20. 2nd-
amendment may be proposed by Congress and ratified by conventions called for that purpose, in three fourths of the States
Only the 21st Amendment was adopted in this way

21. 3rd-
an amendment may be proposed by a national convention, called by Congress at the request of two thirds of the State legislatures
34 votes today
Then it must be ratified by three fourths of the State legislatures

22. 4th-
an amendment may be proposed by a national convention and then ratified by conventions in three fourths of the States

23. Federalism and Popular Sovereignty
Proposal takes place at the national level and ratification is a State-by-State matter.
When Constitution is amended, that action represents the expression of the people’s sovereign will.

24. Proposed Amendments
*Constitution places only one restriction on the subjects with which a proposed amendment may deal.
Article V: declares that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

25. The 27 Amendments Bill of Rights: The Later Amendments
First 10 Amendments
Added less than 3 years after it became effective
The Later Amendments
Added to the Constitution over the last 200 years

27. Section 3: Change by Other Means
Objectives:
Identify how basic legislation has added to our understanding of the Constitution over time.
Describe the ways in which the executive and judicial branches have interpreted the Constitution.
Analyze the role of party practices and custom in interpreting the Constitution.

28. Basic Legislation Congress-agent of constitutional change
1st:passed a number of laws to clarify several of the Constitution’s brief provisions
2nd:added to the Constitution by the way in which it has used many of its powers.
Example: Regulate foreign and interstate commerce

29. Executive Action Presidents using their power
Example: Only Congress can declare war. But the Constitution also makes the President the commander in chief of the nation’s armed forces.
Several Presidents have declared war without Congress
Executive agreement-a pact made by the President directly with the head of a foreign state
Do not need approved by Senate
Treaty-a formal agreement between two or more sovereign states

30. Court Decisions United States Supreme court
Interpret and apply the Constitution in many of the cases they hear
Court established Judicial Review
Not specifically mentioned in the Constitution

31. Party Practices No mention in the Constitution
Most of the framers were against political parties
1830s
Major parties held national conventions to elect presidential candidates
Electoral College-body that makes the formal selection of the nation’s President

32. Custom and Usage Unwritten customs Constitution does not say so
Examples
Not because the constitution says so, the heads of the 15 executive departments make up the Cabinet, an advisory body to the President
On each of the 8 occasions when a President died in office, the Vice President succeeded to that office. Yet, the written words of the Constitution did not provide for this practice until the adoption of the 25th Amendment in Until then the Constitution said only that he powers and duties of the presidency, but not the office itself, “shall devolve on” the Vice President.