2 3.1 The Six Basic Principles Learning Targets:Outline the important elements of the ConstitutionList the six basic principles of the ConstitutionWhy it matters:The Constitution is a brief, straightforward document that has guided American government for over 200 years. Its authors wrote it based on the principle that political power resides with the people, that the National Government should be limited, and that there should be three branches to limit the power of anyone of those three branches.
3 Outline of Constitution Basic framework on the structure and procedures of our governmentThe Constitution is brief (7000 words)Page 758 in your bookThis document has lasted over 224 years and counting!It is strong because it is basic, organized, and short!
4 Short vs. Long Constitutions Write the answers to these questions down in note form as we answer them as a class.What are benefits of short constitutions?What are the downsides of short constitutions?What about the benefits and downsides of long constitutions?The longest constitution of any nation is that of India. It has 444 articles in 22 parts, 118 amendments and is 117,369 words in its English translation.The US Constitution has 7 articles and 27 amendments and 7000 words.
5 Parts of the Constitution Preamble: this is the introduction of the document outlining the purposes of the US Government.Articles: the seven numbered sections that detail the structure and procedure of the US Government
7 Look at the chart you just copied Look at the chart you just copied. How do the first three articles differ from those that follow?
8 Six Basic PrinciplesThere are 6 ideas explicitly built into the US Constitution:Popular sovereigntyLimited governmentSeparation of powersChecks and balancesJudicial reviewFederalism
9 Descriptions of Basic Principles Popular sovereignty: the people are the source of any and all government power and the government can exist only with the consent of the governed.Limited government: government is restricted in what it may do, and each individual has rights that government cannot take awaySeparation of powers: principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government
10 Descriptions of Basic Principles continued Checks and balances: the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.Judicial review: the power of a court to determine the constitutionality of governmental action.Federalism: system of government in which the powers of government are divided between a central government and several local governments
11 Breaking it downPopular sovereignty means the National (and local) Government gets it power from the people of the US and the people of the US have given the government power using the ConstitutionLimited government means that the government can only do what the people allow them to do and the government must obey the law (much of this comes from clear prohibitions: see Article I, Section 9/10; Amendments 1-10, 14-15, 19, 24, and 26)Constitutionalism: government must be conducted according to constitutional principles
12 Breaking it down continued Separation of powers means that the framers did not one branch to become all-powerful so they split powers between branchesArticle I, Section 1 details legislative powersArticle II section 1 details executive powers of the PresidentArticle III section 1 details powers of the Supreme Court and inferior courtsChecks and balances serve as constitutional restraints to ensure one branch does not over power the other two.Veto- the power of the executive to reject the will of the legislatureCheeks and balances diagram and activity
13 Recent Checks in the News Certain positions in the executive branch are appointed by the President (like the head of the CIA, or the Chair of the Fed)Because Congress approves this appointment, the President often has to find someone strong, not overly partisan, and usually someone fairly well-knownThe Chairman on of the Fed will be leaving office soon and the POTUS has a list of people that he would like to have the jobWhy a list?Why effect does it have on the relationship between the branches when the President and the majority in Congress are from the same party?Larry Summers withdraws as candidate for Chairman of Fed
14 Breaking it down one last time Judicial review- the power of a court to determine the constitutionality of governmental action (i.e. laws, policies)Unconstitutional- a law or policy determined to be illegal, and void by the a courtThis power is held by federal courts and by most State courtsMarbury v. Madison (1803)- important court case that set the precedent for the idea of judicial review. (more info in Ch. 18)Federalism- division of power among a central government and several local/regional governmentsEssential in avoiding a overly strong central government that would take away the rights of the States
15 Quick Quiz1. 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.
16 Quiz yourself at home (3.1) PHSchool.com Use the code mqa (Get the app, it is virtual flashcards with matching games etc. to help you know terms and ideas)
17 3.2 Formal Amendment Learning Targets: Identify the four ways to formally change the ConstitutionExplain the formal amendment process and how it illustrates popular sovereignty and federalismIdentify and explain the 27 Amendments to the US ConstitutionIdentify and explain the historical significance of the Bill of RightsWhy it MattersThe Framers of the Constitution realized that, inevitably, changes would have to be made in the document they wrote. Article V provides for the process of formal amendment. To this point, 27 amendments have been added to the Constitution.
18 Why has the Constitution lasted so long? When the Constitution was written the population of the US was 4 million (about the size of Colorado today)Our population is well over 300 million now and we have 37 more States in the unionThe Constitution has lasted because of the ability to fix it and create amendments
19 Formal Amendment Process Amendment- a change in, or addition to, a constitution or lawArticle V in the Constitution sets out two methods for the proposal of an amendment and two methods for the ratification of constitutional amendmentsFormal amendment- changes or additions that become part of the written language of the Constitution itself.
21 Formal Amendment Process *Method 1: An amendment may be proposed by a 2/3rds vote in EACH house of Congress and then be ratified by 3/4ths of the State legislatures. (38 States =3/4ths)26/27 amendments were done this wayMethod 2: An amendment may be proposed by Congress and then ratified by conventions, called for that purpose, in ¾ of the States.Only the 21st Amendment was done this way (repeal of Prohibition)
22 Formal Amendment Process Method 3: An amendment may be proposed by a national convention, called by Congress at the request of 2/3 state legislatures (34), and then ratified by ¾ of State legislatures.Method 4: An amendment may be proposed by a national convention and ratified by conventions in ¾ of the States.The Constitution itself was adopted in a similar way
23 Importance of Amendment Process Formal Amendment process emphasizes the idea of federalism.Proposals take place at the national levelRatification is a State-by-State matterWhen an amendment is made, that action represents the will of the people (popular sovereignty)
24 Potential ProblemsReview the primary method for amending the Constitution. What are some potential problems for this process? Who might not like it and why?
25 Court CasesHawke v. Smith (1920)- The Supreme Court ruled that States did not have to require a vote of the people of the State before it ratifies an amendment.Kimble v. Swackhamer (1978)- A state legislature can call for an advisory vote by the people before it acts, but it is not required. If a vote is taken, the legislature is not required to vote in the same way.
26 Proposed AmendmentsWhen Congress passes a resolution proposing an amendment they do not send it to the President to be signed or vetoed even though the Constitution requires that they doArticle I, Section 7, Clause 3 states this must happen but this is an example of how the Constitution has been amended without a formal amendment(this is more of a custom)
27 Proposed Amendments Cont. States who reject ratification can change their minds laterStates who ratify amendments cannot reject them at anytime after that.15000 joint resolutions calling for amendments have been proposed since Only 33 have been sent to States
28 Proposed but Not Ratified Some amendments were never ratifiedIn 1861 an amendment was proposed to prohibit any future amendments relating to slavery. It was never ratified…In 1972 the Equal Rights Amendment was proposed by Congress. It fell 3 States short of ratification and died in 1982.Generally Congress sets a 7 year period for States to ratify amendments. ERA was given a 3 year extension
30 Bill of RightsThe first 10 amendments that ensure your individual rightsProposed because of fear that the Constitution would make central gov’t too powerfulRatified by late 1791
31 Later AmendmentsRead pages for more information on later amendments
32 3.2 Sample Questions 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.
34 Warm UpWrite an argument for or against the use of social media by school districts to keep track of students and their activities. Tell me why it should or shouldn’t be allowed in your opinion.
35 Social Media-Is it Private? Social media makes understanding your rights in a modern world a little trickier. If you are putting private information out for you friends and everyone to see, should it be covered by the Constitution? Is it private information or not?
36 3.3 Constitutional Change by Other Means Learning Targets:Identify how basic legislation has changed the Constitution over timeDescribe the ways in which the Constitution has been altered by executive and judicial actionsAnalyze the role of party practices and custom in shaping the ConstitutionWhy it Matters:The 27 formal amendments to the Constitution have not been a major part of the process by which that document has kept pace with more than 200 years of far-reaching change in this country. Rather , constitutional change has more often occurred as a result of the day-to-day, year-to year workings of government.
37 5 Ways the Constitution is Changed w/o amendments 5 ways to Const. ChangeDescriptionsThe passage of basic legislation by CongressActions taken by the PresidentKey decisions of the Supreme CourtActivities of political partiesCustomNow we will go through these individually
38 5 Ways to make an Informal Amendment Congress passes laws to explain many of the Constitution's brief provisions. (added flesh to the bones)President takes actions that contribute to Constitution growth (i.e. using armed forces abroad in combat w/o declaration of war)Supreme court decides the constitutional interpretation of lawsActivities of political parties (i.e. national conventions etc.)CustomThe President’s Cabinet- comprised of the heads of the 15 executive departments, advise president, this is not in the Constitution but is done out of custom
39 Other Customs examples For 150 years Presidents abided by the informal “no-third-term tradition”FDR broke this in 1940 and again in 194422nd Amendment was the direct result (1951)
40 Example of Executive Decision An executive agreement is a pact made by the President directly with the head of a foreign state.
41 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.Want to connect to the Magruder’s link for this section? Click Here!12Chapter 3, Section 3
42 Online Review OptionsCheck out Chapter 3.3 for MacGruders Government on QuizletTry the self-tests atWeb-codes: mqd-1033 and mqa-1034