The Constitution Chapter 3

The Six Basic Principles of the US Constitution Ch 3, Sec 1 Six Basic Principles Popular Sovereignty Limited Government Separation Of Powers Checks & Balances Judicial Review Federalism

The Six Basic Principles Popular Sovereignty Popular Sovereignty –“We the people” –Government by the consent of the governed Limited Government Limited Government –Government not all-powerful  Government must obey the law too!  The people are the only source of governmental power in a limited gov’t!  ie. Government’s power limited by the 1 st Amendment

Six Basic Principles cont. Separation of Powers Separation of Powers –Distribution of power among legislative, executive and judicial branches  This was so important that the Constitution was written with three separate articles/one for each. Checks and Balances Checks and Balances –Each branch is subject to a number of constitutional checks, or restraints, by the other branches.

Six Basic Principles cont. Judicial Review Judicial Review –The Court has the power to determine the constitutionality of gov’t actions  Marbury v. Madison eventually established that Court could determine case unconstitutional Federalism Federalism –Division of power among a central government and several regional governments (states)

Six Basic Principles ?’s to consider How can we link the principle of limited gov’t w/the other principles? How can we link the principle of limited gov’t w/the other principles? What factors led the Framers to create a Federal system? What factors led the Framers to create a Federal system? How do the 3 branches ck each other? How do the 3 branches ck each other? What built-in provisions have allowed the Constitution to survive over 200 yrs? What built-in provisions have allowed the Constitution to survive over 200 yrs?

How do the 3 branches ck each other? Legislative powers over – –The executive branch   -Overrides vetoes with 2/3 vote   -Impeaches a President – –The judicial branch   -Approves federal judges   -Impeaches federal judges Executive powers over – –The legislative branch   -Vetoes acts of Congress   -Calls Congress into special session – –The judicial branch   -Appoints federal judges Judicial powers over – –The legislative branch   -Declares laws unconstitutional – –The executive branch   -Declares executive acts unconstitutional

Six Basic Principles ?’s to consider The idea that gov’t & its officers are always subject to-and are never above- the law is described as the ___________. The idea that gov’t & its officers are always subject to-and are never above- the law is described as the ___________. The principle of ____________ expresses the concept that government must be conducted according to constitutional principles…the fundamental law of the land must be obeyed! The principle of ____________ expresses the concept that government must be conducted according to constitutional principles…the fundamental law of the land must be obeyed! Judicial review is the power to declare a gov’t action that violates some provision of the Constitution to be _____________. Judicial review is the power to declare a gov’t action that violates some provision of the Constitution to be _____________.

The next two sections will explain that amendments to the Constitution can be made in two basic ways: The next two sections will explain that amendments to the Constitution can be made in two basic ways: –Written (formally) –Unwritten (informally) Formal 2 Ways To Amend Const. Informal

Formally Amending the Constitution Ch 3, Sec 2 To Amend the Constitution or To Amend the Constitution or –change the written words of the Constitution Process established in Article V of the Constitution Process established in Article V of the Constitution –Also states that no amendment may prevent a State of its equal representation in the Senate Remember-the Amendments were added after the Constitution was ratified! Remember-the Amendments were added after the Constitution was ratified! There are Four Methods or ways to amend the Constitution There are Four Methods or ways to amend the Constitution

First Method of Amending Constitution Proposed by Congress by a 2/3 vote in both houses (Senate and House of Reps) Proposed by Congress by a 2/3 vote in both houses (Senate and House of Reps) –National Gov’t (Federalism in action) Ratified by ¾ of State legislatures Ratified by ¾ of State legislatures –State Gov’t

Second Method of Amending Constitution Proposed by Congress by a 2/3 vote in both houses Proposed by Congress by a 2/3 vote in both houses Ratified by special conventions in 3/4s of the States Ratified by special conventions in 3/4s of the States

Third Method of Amending Constitution Proposed at a national convention when requested by 2/3 of State legislatures. Proposed at a national convention when requested by 2/3 of State legislatures. Ratified by 3/4 of State legislatures Ratified by 3/4 of State legislatures

Fourth Method of Amending Constitution Proposal at a national convention called by Congress when requested by 2/3 of State legislatures Proposal at a national convention called by Congress when requested by 2/3 of State legislatures Ratified by special conventions held in ¾ of States Ratified by special conventions held in ¾ of States

The 27 Amendments What is the Bill of Rights? What is the Bill of Rights? –The first 10 Amendments –The Amendments set out the constitutional guarantees of:  Freedom of expression & belief  Freedom of security of the person  Fair and equal treatment before the law

Bill of Rights - The Really Brief Version 11 Freedom of religion, speech, press, assembly, and petition Right to keep and bear arms in order to maintain a well regulated militia No quartering of soldiers Freedom from unreasonable searches and seizures Right to due process of law, freedom from self- incrimination, double jeopardy. 5

BILL OF RIGHTS CONT. 6 Rights of accused persons, e.g., right to a speedy and public trial. 77 Right of trial by jury in civil cases Freedom from excessive bail, cruel and unusual punishments Other rights of the people Powers reserved to the states. 10

11 th AMENDMENT Eleventh Amendment Eleventh Amendment Sovereign immunity: Sovereign immunity: Generally speaking it is the doctrine that the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution; hence the saying, the king (or queen) can do no wrong. In many cases, governments have waived this immunity to allow for suits; in some cases, an individual may technically appear as defendant on the state's behalf. Generally speaking it is the doctrine that the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution; hence the saying, the king (or queen) can do no wrong. In many cases, governments have waived this immunity to allow for suits; in some cases, an individual may technically appear as defendant on the state's behalf.sovereignstatecivil suit criminal prosecutionsovereignstatecivil suit criminal prosecution The States entered the federal system with their sovereignty intact; that the judicial authority in Article III is limited by this sovereignty, and that a State will therefore not be subject to suit in federal court unless it has consented to suit, either expressly or in the "plan of the convention." The States entered the federal system with their sovereignty intact; that the judicial authority in Article III is limited by this sovereignty, and that a State will therefore not be subject to suit in federal court unless it has consented to suit, either expressly or in the "plan of the convention."

12 th AMENDMENT ELECTORAL COLLEGE ELECTORAL COLLEGE Votes for a President and a Vice President on separate ballots Votes for a President and a Vice President on separate ballots

The Civil War Amendments 13 th Amendment 13 th Amendment –made slavery illegal in the United States 14 th Amendment 14 th Amendment –to help protect the rights of the freed slaves by guaranteeing due process & equal protection 15 th Amendment 15 th Amendment –Forbid restrictions on the right to vote based upon race, color or previous condition of servitude

16 TH AMENDMENT 17 TH AMENDMENT 16 TH FEDERAL INCOME TAX 16 TH FEDERAL INCOME TAX 17 TH DIRECT ELECTION OF SENATORS 17 TH DIRECT ELECTION OF SENATORS

18 TH AMENDMENT PROHIBITON PROHIBITON FORBIDS THE SALE AND CONSUMPTION OF ALCOHOL FORBIDS THE SALE AND CONSUMPTION OF ALCOHOL

19 TH AMENDMENT 20 TH AMENDMENT 19 TH 19 TH ALLOWS FOR WOMEN TO VOTE ALLOWS FOR WOMEN TO VOTE 20 TH 20 TH TERM COMMENCEMENT TERM COMMENCEMENT CONGRESS JANUARY 3 CONGRESS JANUARY 3 INAUGURATION JANUARY 20TH INAUGURATION JANUARY 20TH

21 ST AMENDMENT 22 ND AMENDMENT 21 ST REPEALS THE EIGHTEENTH AMENDMENT 21 ST REPEALS THE EIGHTEENTH AMENDMENT 22 ND LIMITS PRESIDENCY TO 2 TERMS 22 ND LIMITS PRESIDENCY TO 2 TERMS

23 RD AMENDMENT 24TH 23 REPRESENTATION OF DC IN ELECTORAL COLLEGE 23 REPRESENTATION OF DC IN ELECTORAL COLLEGE 24 PROHIBITS POLL TAXES TO PREVENT PEOPLE FROM VOTING 24 PROHIBITS POLL TAXES TO PREVENT PEOPLE FROM VOTING

THE LAST 3 25 TH PRESIDENTIAL SUCCESSION 25 TH PRESIDENTIAL SUCCESSION 26 TH 18 YEAR OLD CAN VOTE 26 TH 18 YEAR OLD CAN VOTE 27 TH PAY RAISE FOR CONGRESS – TAKES PLACE IN THE NEXT SESSION OF CONGRESS 27 TH PAY RAISE FOR CONGRESS – TAKES PLACE IN THE NEXT SESSION OF CONGRESS

Informal Amendment Ch 3, Sec 3 Informal Amendment Process Basic Legislation Executive Action Custom Party Practices Court Decisions

Informal Amendment The process by which many changes have been made in the Constitution that have not led to change in the document’s written words The process by which many changes have been made in the Constitution that have not led to change in the document’s written words

Informal Amendment Process cont. Basic Legislation Basic Legislation –Passage of laws that refine or define words of Constitution –Examples: establishing court system; defining regulation of interstate commerce

Informal Amendment Process cont. Executive Action Executive Action –Using the President’s power to act independently of Congress –Examples: expanding the Pres. war-making powers; making pacts w/foreign leaders w/out the advice & consent of the Senate

Informal Amendment Process cont. Custom Custom –Converting traditions to constitutional necessity –Examples: making exec. dept. heads in the President’s cabinet

Informal Amendment Process cont. Party Practices Party Practices –Using practices of political parties to change political process –Example: nominating presidential candidates at nation conventions

Informal Amendment Process cont. Court Decisions Court Decisions –Using court cases to interpret the Constitution –Most governmental actions in question are constitutional –Examples: Marbury v. Madison-case which established judicial review.

Executive Agreement A pact made by the President directly with the head of a foreign state, skirting the need for Senate approval A pact made by the President directly with the head of a foreign state, skirting the need for Senate approval