1. Chapter 3: The Constitution

2. Section 1: Basic Principles

3. Outline of the Constitution
Preamble
Seven articles
Legislative Branch
Executive Branch
Judicial Branch
States’ relationship to the national government and to each other
Amendments
Supreme law of the land
Ratification
Amendments (27)
The three branches of government

4. Outline of the Constitution
Legislative Branch
Executive Branch
Judicial Branch
States’ relationship to national government and each other
Amendments
Supreme law of the land
Ratification
The Constitution:
Leaves
Every
Judge
Single
And
Seeking
Romance

5. Six Principles of the Constitution
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism

6. Principle #1: Popular Sovereignty
“Popular sovereignty”: The idea that power resides with the people
Government can only govern with the consent of the governed
The people have given the gov’t its power, as seen in the Preamble:
Government is run by elected leaders chosen by the people to represent them
“We the People of the United States… do ordain and establish this Constitution for the United States of America.”

7. Principle #2: Limited Government
“Limited government”: The idea that the government is only allowed to do the specific things that the people have given it the power to do
Also called “constitutionalism”: The idea that government must be run according to the constitution
Also called “rule of law”: The idea that government officials must act within the law; they are never above it

8. Principle #3: Separation of Powers
The three basic functions of government are divided among three distinct branches:
Branch
Article of Constitution
Function
Highest Government Body
Legislative I
Make laws
Congress
Executive II
Enforce laws
President
Judicial
III
Interpret laws
Supreme Court

9. Principle #4: Checks and Balances
“Check”: A restriction that one branch of government has over the power of another
“Balances”: All three branches are equally important and none is more powerful than another
System designed to prevent a few people in one branch from having too much power

10. Checks and Balances Summary
Legislative
Branch
(Congress)
Checks on Judicial:
Creates lower courts
Impeach judges
Propose amendments to overrule judicial rulings
Approve appointments of federal judges
Checks on Executive:
Override veto
Confirm presidential appointments
Control money
Declare war
Ratify treaties
Impeach president
Executive Branch
(President)
Checks on Legislative:
Propose laws
Veto laws
Call special sessions of Congress
Negotiate treaties
Appoints federal judges
Grant pardons to federal offenders
Judicial Branch
(Federal Courts)
Declare executive actions unconstitutional
Declare acts of Congress unconstitutional

11. Principle #5: Judicial Review
The courts’ power to declare a government action unconstitutional
Established by 1803 Supreme Court case Marbury v. Madison.
Supreme Court has struck down:
About 150 acts of Congress
Several presidential actions
Hundreds of state and local laws

12. Discussion Question: Judicial Review?
Facts:
Not all speech is protected under the First Amendment. For example, you can’t yell “Fire!” in a crowded theater.
“Incitement” is an example of non- protected speech. It’s when you work up a crowd to go commit illegal acts.
One test to decide if something is incitement is “proximity”: The person must be physically near the crowd.

13. ? Discussion Question Question:
A film director makes a movie about Mohammed that is so offensive to Muslims that demonstrators attack American Embassies in Muslim countries and some Americans are killed.
Should the definition of incitement be changed to eliminate the requirement of proximity?

14. Principle #6: Federalism
Government power is divided between national and state levels of government
Compromise between states’ desires to govern themselves and the need for a central government strong enough to be effective

15. Federalism Venn Diagram
National Government
State Government
-Declare war
-Maintain military
-Foreign policy
-Post offices
-Make money
-Interstate
& foreign trade
-Copyrights/Patents
-Run elections
-InTRAstate trade
-Set up local gov’ts
-Maintain schools
-ANY other
powers not given
to national gov’t or
prohibited for the
states
-Taxes
-Build roads
-Borrow money
-Establish courts
-Provide for public welfare & security

16. Supplement: Articles of the Constitution

17. Article I: Legislative Branch Section 1: Congress
Congress has the power to make laws
Congress is “bicameral” (has two houses); made up of the Senate and the House of Representatives

18. Article I: Legislative Branch Sect. 2: House of Representatives
Clause 1: Members elected every 2 years
Clause 2: Qualifications
25 years old
A citizen of the US for at least 7 years
Live in the state in which s/he is elected
Clause 3: Apportionment (Assigning number of Reps per state)
Distributed by population
Counted all free persons & 3/5 of “other persons” (slaves)—The Three-Fifths Compromise (nullified by 13th Amendment)
Talks about how to decide the number of representatives per state, but today the total is set at 435.
Clause 4: If a representative dies or leaves office, the governor of that state must call a special election to replace him or her.
Clause 5: House chooses its own Speaker and other officers and may impeach them

19. Article I: Legislative Branch Section 3: Senate
Clause 1:
Two Senators from each State
Term of 6 years
Clause 2:
Elections are held every two years, with 1/3 of senators up for election each time
Talks about how vacancies are filled if a senator dies or leaves office, but today the governor of a state chooses a replacement.
Clause 3: Qualifications
30 years old
Citizen of the US for nine years
Lives in the state where elected

20. Article I: Legislative Branch Section 3: Senate, cont’d
Clause 4: Vice President of the US is President of the Senate but only votes in case of a tie
Clause 5: Senate chooses its own officers, including a President pro tempore (“President pro tem”), who acts as president when the VP is absent (which is most of the time)
Clause 6: Impeachments
Senate is the jury in federal impeachments
If the president is being impeached, the Chief Justice of the Supreme Court presides
Impeachment requires a 2/3 vote of senators present
Clause 7:
Maximum penalty under impeachment is removal from office
Impeached official is still open to charges of other crimes

21. Article I: Legislative Branch Section 4: Elections, Meetings
Clause 1: Each state can decide when, where, and how Senators & Representatives are elected
Congress later required states to set up congressional districts, with each district getting one Representative
Congress also later required that congressional elections are held on the same day in every state, in even-numbered years
Clause 2: Congress must meet once a year

22. Article I: Legislative Branch Section 5: Conducting Business
Clause 1:
Each house decides whether its members are qualified
Must have a “quorum,” a majority, to do business
Each sets its own rules to deal with absent members
Clause 2: Each house can create/enforce its own rules
Clause 3: Each house must keep a record of its proceedings and votes, unless there is some reason something must be kept secret
Clause 4:
Neither house can adjourn more than 3 days without other’s consent
Both houses must meet in their official location

23. Article I: Legislative Branch Section 6: Employment
Clause 1:
Senators & Representatives are paid by the Treasury
They can’t be arrested for civil cases while in session or on their way to or from a session; they can still be arrested for crimes
They can’t be sued for anything they say in session
Clause 2:
A member of Congress can’t hold any other federal jobs during their term
A former member can’t hold a federal office created while s/he was in Congress

24. Article I: Legislative Branch Section 7: Making Laws
Clause 1: Any law raising money must originate in the House (the House “holds the gov’ts purse- strings”)

25. Article I: Legislative Branch Section 7: Making Laws
Clause 2: How a Bill Becomes a Law
The bill passes both houses
It goes to the president
There is a 10-day deadline for action. In that time, one of the following will happen:
The president signs it and it becomes law.
The president vetoes it and returns it to the house in which it originated.
The president fails to act, and if Congress is still in session after ten days it becomes law.
If Congress adjourns in less than ten days, the president may choose not to sign the bill and it dies. This is a “pocket veto.”

26. Article I: Legislative Branch Section 7: Making Laws
Clause 2: How a Bill Becomes a Law (cont’d)
If the bill is vetoes and returned to Congress, they may still pass it by overriding the president’s veto with a 2/3 vote in both houses.

27. Article I: Legislative Branch Section 7: Making Laws
Clause 3: Resolutions are passed the same way as bills (i.e., they go to the president for signature, but a veto may be overridden with a 2/3 vote)

28. Article I: Legislative Branch Section 8: Powers of Congress
Note: These 18 powers are also called the “enumerated” (listed) powers.
Clause 1: To collect taxes
Clause 2: To borrow money
Clause 3: To regulate foreign and interstate commerce
Clause 4: Establish laws about becoming a citizen and about bankruptcy
Clause 5: To make money and standardize weights and measures
Clause 6: To set punishments for counterfeiting

29. Article I: Legislative Branch Section 8: Powers of Congress
Clause 7: Establish Post Offices and post roads
Clause 8: Establish copyrights & patents
Clause 9: Establish federal courts lower than the Supreme Court
Clause 10: Establish maritime law
Clause 11: Declare war
Clause 12: Raise and maintain armies
Clause 13: Provide and maintain a navy
Clause 14: Establish military law

30. Article I: Legislative Branch Section 8: Powers of Congress
Clause 15: Provide for calling forth the Militia (today this is the National Guard)
Clause 16: Provide for organizing, arming, disciplining and training the Militia
Clause 17: To have legislative authority over Washington, D.C. and territories purchased by the U.S.
Clause 18: To make all laws “necessary and proper” to carry out the powers in clauses 1-17 (the “Necessary and Proper Clause”)

31. Article I: Legislative Branch Sect. 9: Powers Denied Congress
Clause 1: Congress can’t outlaw the slave trade before (outdated, obviously)
Clause 2: Can’t suspend right of habeas corpus except during rebellion or invasion. Right of habeas corpus means that prisoners must be taken to court and told why they are being held.
Clause 3:
No bills of attainder: laws saying someone is guilty of a crime
No ex post facto laws: laws that punish an act that was committed before it was illegal

32. Article I: Legislative Branch Sect. 9: Powers Denied Congress
Clause 4: No direct taxes unless in proportion with the census
Clause 5: No taxes on exports
Clause 6: Can’t give preferential treatment for trade to one state over another
Clause 7: Can’t withdraw money from Treasury without “appropriating” it (passing a law to take it)
Clause 8: The U.S. can’t give titles of nobility, and no one holding office in the U.S. can accept a title from a foreign country

33. Article I: Legislative Branch Section 10: Powers Denied States
Clause 1: States cannot:
Enter into treaties
Grant letters of marque and reprisal
Make money
Give bills of credit
Pass bills of attainder, ex post facto laws, or laws that interfere with contracts
Grant titles of nobility

34. Article I: Legislative Branch Section 10: Powers Denied States
Clause 2: States can’t charge taxes on imports or exports. They can charge inspection fees but any profits go to the U.S. Treasury
Clause 3: States can’t
Maintain an army or navy
Make treaties
Declare war, unless they are invaded or about to be invaded

35. Article II: Executive Branch Section 1: Office of President
Clause 1:
The president holds executive power
President and Vice president have 4 year term
Clause 2: Establishes Electoral College
Clause 3: Nullified by the 12th Amendment
Clause 4: Congress sets the presidential election date
Clause 5: Requirements to be president
Natural born citizen
At least 35 years old
Living in the U.S. for at least 14 years
Clause 6: Modified by 25th Amendment
Clause 7: The president gets paid.
Clause 8: Creates the Oath of Office

36. Article II: Executive Branch Section 2: Presidential Powers
Clause 1
Commander in Chief of the military
Power to Grant Pardons
Clause 2
Power to make treaties
Power to appoint ambassadors, Supreme Court judges, and other officers
Clause 3: Power to fill vacancies when Senate is out of session

37. Article II: Executive Branch Section 3: Presidential Powers
State of the Union Address
Convene Congress

38. Presidential Powers Mnemonic
The President has lots of VETS CAPS:
Veto power
Executive power
Treaty power
State of the Union Address
Commander in Chief
Appointment power
Pardon power
Special sessions of Congress

39. Article II: Executive Branch Section 4: Impeachment
President and Vice President can be impeached for “Treason, Bribery, or other high Crimes and Misdemeanors.”

40. Article III: Judicial Branch
Section 1: Establishes Supreme Court and gives it all judicial power
Section 2
Clause 1: Establishes jurisdiction of federal courts
Clause 2: Lists types of cases where Supreme Court has original jurisdiction and appellate jurisdiction
Clause 3: All trials of crimes held in federal courts will be jury trials
Section 3: Treason
Definition of treason
Relatives of person convicted of treason can’t be punished

41. Article IV: The States
Section 1: Each state has to recognize the laws, public acts, and records of other states
Section 2:
Clause 1: States can’t discriminate against residents of other states
Clause 2: If a person flees their state to escape justice, the state s/he must be extradited on demand
Clause 3: Fugitive slave clause. Nullified by 13th Amendment
Section 3:
Clause 1: Makes it possible to create new states
Clause 2: All territories owned by the US are under the control of Congress (refers to the Western Territories that weren’t states yet)
Section 4:
All states will have a representative style of government
The federal government will provide the states with military defense and support

42. Article V: Amendments
An amendment may be proposed by either 2/3 of Congress, or 2/3 of state conventions called by Congress at the request of the states
An amendment may be ratified by either 3/4 of state legislatures, or 3/4 of state conventions
No amendments could be made before 1808 to outlaw the slave trade (expired)
No amendment may end the equal representation of states in the Senate

43. Article VI: Supremacy and Debts
Clause 1: The new government agrees to take on all debts of the old government under the Articles of Confederation
Clause 2: The Constitution is the Supreme Law of the Land (the “Supremacy Clause”)
Clause 3:
All members of Congress must take an oath to uphold the Constitution
Members of Congress shall not be required to pass any religious test or have a certain religious affiliation

44. Article VII: Ratification
Nine states had to ratify the Constitution for it to be enacted.

45. Section 2: Formal Amendment

46. Amendments A change made to the Constitution
Made by adding text to the end of the document
Currently, there are 27 Constitutional amendments.
The Constitution explains how amendments may be made
Amendments are purposely difficult to make, so that people cannot easily change the Constitution

47. Amendment Process
Amendment is “proposed” (introduced) by either:
Congress proposes an amendment and it passes by a 2/3 vote in both houses
A national convention, called by Congress at the request of at least 2/3 of state legislatures
Amendment is “ratified” (approved) by either:
3/4 of state legislatures
Conventions are called in all 50 states, and 3/4 of them must ratify
2/3
3/4

48. Discussion Question ?
Why did the Framers make it so difficult to amend the Constitution?

49. Federalism & Amendments
The national level of government proposes amendments
The state level ratifies them

50. Popular Sovereignty & Amendments
Ratification is done by either:
Delegates elected by the people to a state convention
Representatives elected by the people to the state legislature
Either way, the people decide whether or not to ratify the amendment

51. How Amendments are Proposed
Congress (or a national convention) proposes the amendment
The amendment is sent to the states for ratification
It is NOT sent to the president, like a law

52. How Amendments are Ratified
The state legislatures or conventions vote on ratification
Congress usually sets a time limit for ratification, like 7-10 years
Within that time, the states vote.
If they reject the amendment, they can later change their mind, as long as they are still within the time limit
If they accept the amendment, they are not allowed to change their mind later

53. The 27 Amendments 1-10: Bill of Rights 11-12: Pre-Civil War
13-15: Civil War Amendments
16-27: 20th Century

54. Supplement: Mnemonics for the Amendments

55. 1 2 3 The Bill of Rights, 1-3 Amendment Right Mnemonic
Freedom of speech, religion, speech, press, & assembly
PAPERS: - Press - Assembly - Petition - Religion - Speech 2
Right to bear arms
Two Bare Arms: 3
No soldiers may be quartered in a house without owners consent
Three Quarters in my Pocket

56. 4 5 6 Bill of Rights, 4-6 “Miranda Rights” Amendment Right Mnemonic
No unreasonable searches or seizures
“What are you searching 4?” 5
No double jeopardy, no testifying against yourself, right to due process, private property can’t be taken without compensation
“I plead the Fifth!”
(Protection in court) 6
Right to speedy trial by impartial jury, right to know what you’re accused of, right to confront your accuser, right to witnesses in your favor, right to an attorney
The words Public, Speedy, and Trials all have 6 letters.
“Miranda Rights”

57. 7 8 Bill of Rights 7-8 Amendment Right Mnemonic
Right to trial by jury in civil matters over $20
“Lucky 7” may bring you a better settlement with a jury trial 8
No excessive bail or fines, no cruel and unusual punishment
It would be cruel and unusual punishment if the judge “ate” you.

58. 9 10 Bill of Rights 9-10 Amendment Right Mnemonic
The rights listed in the Constitution are not the only rights people have.
The 9eople have other rights! 10
Powers not given to the US or prohibited to the states by the Constitution go to the states or the people (Reserved Powers Clause)
States and people get the last word (last amendment of the Bill of Rights)

59. Pre-Civil War Amendments
Right
Mnemonic 11
Cannot sue another state without permission from that state’s court
1 person needs court permission to sue 1 state. 12
Separate ballots must be cast for the President and Vice President
These are the #1 & #2 jobs in the country

60. 13 14 15 Civil War Amendments Amendment Right Mnemonic
Slavery is illegal.
The original 13 colonies had slaves. 14
Foreign-born citizens (read: “former slaves”) have the same rights as natural born citizens
Amendment “Foreignteen” 15
Right to vote can’t be taken away because of race, color, or previous condition of servitude
When you’re 15, you can get your “racing” (driving) permit.

61. 20th Century Amendments 16-19
Right
Mnemonic 16
Federal government has the power to tax
Can get a job at 16 and pay income taxes 17
Election of senators by the people
7 – 1 = 6 years in a Senator’s term 18
Banned manufacture, sale, or transportation of alcohol
You can’t drink at 18. 19
Gave women the right to vote
1 pregnant
woman suffers
for 9 months.
“In come
Senators
with alcohol
& women.”

62. 20th Century Amendments 19-21
Right
Mnemonic 20
President takes office on Jan. 20; how often Congress meets; how to replace a Representative
President takes office on January 20. 21
Repealed the 18th Amendment (banning alcohol)
You CAN drink at 21

63. 20th Century Amendments 22-24
Right
Mnemonic 22
President may only serve two terms in office.
President is limited “to two” (2-2) terms. 23
Allowed residents of Washington, D.C. to vote
“2-3-DC” 24
Prohibits poll taxes
On Dec. 24,
Santa is busy
at the No Poll
(North Pole)

64. 20th Century Amendments 25-27
Right
Mnemonic 25
Order of succession to fill the presidency
“Amendment 25 if the president’s not alive.” 26
Lowered voting age to 18
2 + 6 = 8(teen) 27
If Congress votes to give itself a pay raise, it won’t take effect until the next Congressional election.
We could “raise” the number of letters in the alphabet to 27.

65. Section 3: Change by Other Means

66. Other Ways to Change the Meaning of the Constitution
Basic legislation
Executive action
Court decisions
Party practices
Custom and usage

67. Change through Legislation
Laws can help explain the meaning of the Constitution

68. Examples of Change through Legislation
Judiciary Act of 1789
Constitution says Congress was to set up federal courts (other than Supreme Ct.) but didn’t say how
Judiciary Act passed during first session of Congress to create the first courts
Since then, federal courts have been established by acts of Congress
Power to Regulate Commerce
Constitution gives Congress power to regulate commerce, but is vague about how
Congress has passed laws regulating trade, which establishes how it uses this power

69. Change through Executive Action
“Executive Action”: Actions taken by the president
Presidents’ actions over the years have expanded on the powers already given to them by the Constitution

70. Vice President Joe Biden and President Barack Obama in the Oval Office
July 31, 2012
Official White House photo

71. Examples of Change through Executive Actions
Thomas Jefferson made the Louisiana Purchase, doubling the size of the U.S.
Presidents can make “executive agreements” with foreign leaders
Executive agreements don’t have to be approved by Congress; treaties do
Recent presidents have used executive agreements rather than treaties
President is commander in chief of the military
Only Congress can declare war
Presidents have sent troops into combat without a declaration of war

72. Change through Court Decisions
Through the power of judicial review, Supreme Court can declare laws unconstitutional
The way courts interpret the Constitution become “precedents”: court decisions from the past that help determine how courts will decide similar issues in the future

73. Courtroom of the U.S. Supreme Court

74. Change through Political Parties
Parties didn’t exist when Constitution was written
Actions of the parties have shaped how the Constitution is implemented

75. Examples of Change through Political Parties
Nomination of presidential candidates
Constitution doesn’t explain how candidates will be nominated
Political parties have developed their own systems
Effect on electoral college
Constitution says electoral college is a group of representatives from each state that elects the President
Today, electoral college includes delegates based on people’s votes by party
Congress is organized by party
President considers party in appointments

76. Discussion Question ?
Do you think political parties should have influence over how we interpret the Constitution?

77. Examples of Change through Custom
Heads of the different executive department make up the group of advisors to the President called the “Cabinet”
When a President dies in office, the Vice President takes over the office
This custom was made official in the 25th Amendment in 1967; until then it was just custom
President only serves two terms
Until Franklin Roosevelt, this was a custom
Roosevelt was elected for four terms
After Roosevelt, the 22nd Amendment limited terms to 2.