123 Go To Section: The Constitution C H A P T E R 3 The Constitution SECTION 1 The Six Basic Principles SECTION 2 Formal Amendment SECTION 3 Informal Amendment Chapter
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?
123 Go To Section: An Outline of the Constitution The Constitution sets out the basic principles upon which government in the United States was built. The Constitution is a fairly brief document. We can read it and do a worksheet on it in less than two class periods!!! Chapter 3, Section
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123 Structure of the Constitution Preamble (Intro) Purpose- To define the broad purposes of the republican government created by the document and to set out specific goals for the nation Example- The words “to form a more perfect Union” establishes a goal of cooperation among the states and between the states and the national government
123 Go To Section: Articles (7) Purpose- To establish and define the powers of the 3 main branches of government as well as to establish relations among the states, the supremacy of national law, & the amendment process Example- Article 1 establishes the legislative branch and lays out the powers of Congress, including the powers to make laws Amendments (27) Purpose- To list formal changes to the Constitution and to ensure the protection of individual civil liberties Example- 1 st Amendment- protects freedoms of speech, religion, press, assembly, and petition
123 Go To Section: Articles of the Constitution Chapter 3, Section
123 Go To Section: Powers – Enumerated v Implied Enumerated Powers (Expressed) Specifically listed in the Constitution Ex- power to collect taxes Implied Powers not specifically listed but those that can claim as a part of its lawmaking responsibility Article 1, Section 8,Caluse 18 allows Congress to make all laws necessary for carrying out its duties Necessary & Proper Clauses; AKA Elastic Clause Ex- federal government creating the 1 st National Bank, forcing integration, civil rights, affirmative action, creation of the Air Force, mail fraud, tax invasion, military draft
123 Go To Section: 6 Principle of the Constitution Popular Sovereignty Limited Government Separation of Powers Checks & Balances Judicial Review Federalism
123 Go To Section: Popular Sovereignty The principle of 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. This principle lies at the heart of democratic rule. The principle of popular sovereignty is expressed in the opening phrase of the Preamble: “We the people.”
123 Go To Section: Popular Sovereignty Examples The House of Representatives shall be composed of Members chosen every second Year by the People of the several States. —Article I, Section 2, Clause 1 Under this provision, the more representative body of Congress, the House, is made up of members elected by the people. The United States shall guarantee to every State in this Union a Republican Form of Government. —Article IV, Section 4 By guaranteeing republican government in the states, the Constitution extends the principle of popular sovereignty to the states.
123 Go To Section: Limited Government Chapter 3, Section The framers’ main goal in crafting the Constitution was to create a system of limited government. absolute power often leads to the abuse of rights lack of governmental power could result in chaos and instability. The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.
123 Go To Section: Limited Government This is “the other side of the coin” of popular sovereignty The framers tried to make sure that the Constitution 1. gave the government enough power to ensure peace and order 2. but not so much that its power went unchecked “rule of law”- government & officials are subject & never above the law James Madison wrote in The Federalist No. 51, “You must first enable the government to control the governed; and in the next place to oblige it to control itself.”
123 Go To Section: Separation of Powers Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government. James Madison stated in Federalist Paper 47, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many… may justly be pronounced the very definition of tyranny.”
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123 Checks and Balances Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. Checks and balances Ex- president’s veto power Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to the House in which it shall have originated. —Article I, Section 7, Clause 2
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123 Judicial Review The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action. An independent judiciary, was considered essential by the framers to support the rule of law and preserve limited government. In The Federalist No. 78, Alexander Hamilton wrote, “The independence of the judges may be an essential safeguard against the effects of occasional ill humors in society.” independent judiciary would protect against abuses of the system by self-interested parties. Chapter 3, Section
123 Go To Section: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. —Article III, Section 1 “during good Behaviour,” means “for life,” unless there is just cause to remove them. In addition, the salaries of judges may not be reduced while in office. These two provisions—lifetime tenure and a secure salary—help to insulate federal judges from political pressure and influence, and thus preserve their independence.
123 Go To Section: Federalism Federalism is a system of government in which the powers of government are divided between a central government and several local governments. Delegated powers are those powers granted to the national government. include regulating immigration, making treaties, and declaring war. Reserved powers are those powers kept by the states. marriage and divorce laws, issue driver’s licenses, and establish public schools, among many other things. much of the exercise of day-to-day power affecting citizens is carried out by the states. Concurrent powers are those that are shared by the federal and state governments. taxation and law enforcement.
123 Go To Section: Examples of Powers Example of a Delegated Power This clause, known as the Commerce Clause gives the federal government the power to regulate trade across state lines within the United States and to both regulate and tax foreign trade. The Congress shall have Power... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. —Article I, Section 8, Clause 3 Example of a Concurrent Power The federal government and the states share the power to amend the Constitution. The Congress... shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments. —Article V
123 Go To Section: Example of a Reserved Power This amendment reserves for the states or the people any powers that are not given to the federal government. The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people. —Tenth Amendment
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123 Section 1 Review 1. Article II of the Constitution establishes the powers of the (a) executive branch. (b) legislative branch. (c) States. (d) judicial branch. 2. The principle of popular sovereignty asserts that the (a) government should be divided into three branches. (b) monarch is the supreme ruler. (c) means of production should be owned by the proletariat. (d) people are the source of any and all government power. Chapter 3, Section 1 Want to connect to the Magruder’s link for this section? Click Here!Click Here!
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
123 Go To Section: Constitutions should consist only of general provisions: The reason is, that they cannot calculate for the possible changes of things ~Alexander Hamilton
123 Go To Section: Amending the Constitution The Constitution provides for its own amendment—that is, for changes in its written words. 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
123 Go To Section: Chapter 3, Section Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here:
123 Go To Section: Amending the Constitution Every amendment except for 1 has proposed in Congress The exception was the 21 st Amendment to repeal the 18 th Amendment More than 11,000 amendments have been introduced Only 33 have made it to the states for ratification Power to amend the Constitution lies exclusively with Congress & the states Only 1 provision in the Constitution can’t be amended Equal representation in the Senate (Article V) Controversial- 18 of 100 senators represent ½ population of the US ERA (Equal Rights Amendment)- proposed 1n 1923 & 1972 Guarantees equal right to women
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
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123 Breaking Amendments Down Bill of Rights- 1 st Ten Amendments 2 Early Amendments Strengthen Fed Gov’t- 11 th & 12 th 3 Civil War Amendments- 13 th, 14 th, & 15 th 4 Progressive Era Amendments (Political & Social Reform)- 16 th, 17 th, 18 th, and 19 th 4 21 st Century Amendments about Governance- 20 th, 22 nd, 25 th, & 27 th 3 Civil Rights Amendments- 23 rd, 24 th, & 26 th
123 Go To Section: Section 2 Review 1. A formal amendment (a) changes the Constitution by passing laws. (b) changes the written language of the Constitution itself. (c) allows States to secede from the United States. (d) none of the above. 2. Many of the basic rights of citizens are constitutionally guaranteed in (a) English common law. (b) the Declaration of Independence. (c) the Magna Carta. (d) the Bill of Rights. Chapter 3, Section 2 Want to connect to the Magruder’s link for this section? Click Here!Click Here!
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?
123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (1) the passage of basic legislation by Congress; (2) Executive actions taken by the President; (3) key decisions of the Supreme Court; (4) the activities of political parties; and (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
123 Go To Section: Informal Amendments 1. Basic Legislation Congress has added laws to define what the constitution means –Added muscles, tendons, and skin to the skeletal (outline) structure of the Constitution Examples: Created federal courts, created many departments and agencies of Executive Branch (ex: IRS, NASA, Department of Defense, Department of Agriculture) counterfeit money measures, regulation of interstate commerce, presidential succession
123 Go To Section: Informal Amendments 2. Executive Action Congress has the power to declare war Numerous times, the president, as commander-in-chief, has used armed forces abroad without any formal declaration of war Treaties are formal agreements between two or more sovereign states that must be approved by the Senate Executive agreements have become more commonplace over time. These are agreements between the President and the head of a foreign state It does not require Senate approval *Both of these are indicators of the growth in presidential powers over the years.
123 Go To Section: Informal Amendments 3. Court Decisions Marbury V. Madison Court affirms its power of “Judicial Review,” which allows them to determine the constitutionality of a law or government action They determine the changing definition of “equality” 4. Party Practices no mention of political parties in the constitution, so anything we do because of them today is an informal change to the Constitution - examples: presidential appointments made on the basis of party affiliation; changed the nature of elector’s vote in the Electoral College; nomination of candidates (for president through a national convention )
123 Go To Section: Informal Amendments 5. Custom/Tradition 15 leaders of the Executive Departments make up the Cabinet Chief purpose is to advise the president Vice President taking over for President when there is a vacancy -In 1967, the 25 th amendment made this informal amendment formal a formal amendment Presidents serving 2 terms and then not running for re-election. FDR broke this tradition, this became a formal amendment with the passage of the 22 nd Amendment practice of senatorial courtesy The Senate will approve only those presidential appointees who are acceptable to the senator(s) of the President’s party from the State involved
123 Go To Section: Section 3 Review 1. An informal amendment can be established by (a) actions taken by the President. (b) custom. (c) key decisions of the Supreme Court. (d) all of the above. 2. An executive agreement is (a) a promise from the President to the legislature. (b) a pact made by the President directly with the head of a foreign state. (c) a decision made by the President and his cabinet members. (d) the contract the President signs when he accepts the office. Chapter 3, Section 3 Want to connect to the Magruder’s link for this section? Click Here!Click Here!