Chapter 3 The Constitution Sections 3 and 4 Separation of Powers, Checks and Balances, and Amending the Constitution

Maintaining a Republic A republic offers opportunities for abusing political power. Constitutional controls are needed to restrict those opportunities. The U.S. Constitution provides two main safeguards against tyranny: Separation of powers Checks and balances “Ambition must be made to counteract ambition.” (James Madison, The Federalist No. 51) © EMC Publishing, LLC

Separation of Powers and Checks and Balances © EMC Publishing, LLC

Your Turn What is the difference between the principle of separation of powers and the principle of checks and balances? In your answer, include an example of how our Constitution uses each principle. Note to teachers: Make sure that students make a distinction between the idea that there are three branches of power to avoid tyranny of any one branch, and the idea that each branch has been given a powerful check (checks and balances) on the other branches. Examples are listed in Figure 3.3 on page 87 of the Student Text. © EMC Publishing, LLC

Separation of Powers Articles I, II, and III of the Constitution establish three separate branches of government: legislative, executive, and judicial. No branch can act entirely independently, yet none can be entirely dependent on the others. Creating this interrelationship between branches is a unique way of preventing tyranny. © EMC Publishing, LLC

Amending and Interpreting the Constitution Formal Amendment Passing amendments is the only way to change the Constitution officially. Article V of the Constitution contains the rules for formal amendment. The founders intentionally made it difficult to amend the Constitution. Interpretation Through laws, executive orders, court decisions, and custom, the government can change the way we interpret the Constitution. © EMC Publishing, LLC

Formal Amendments 10,000 amendments have been proposed. Of those, only 27 have been enacted. The amendments we have passed serve four general purposes: To increase equality To guarantee rights To improve government functioning To make policies Note to teachers: Ask students why the founders intentionally made the Constitution difficult to amend. What would happen to the stability of the country if people could amend the Constitution easily? How would citizens be aware of amendments if we had as many as 10,000 of them? Discuss prudence in considering what ought and ought not to be amended. Also point out that by setting up an amendment process that required us to spend time meditating on a change, the framers ensured that we would consider the implications of amendments to determine which might be good amendments. © EMC Publishing, LLC

Amendments to the Constitution Categories Amendment Numbers Years Ratified Bill of Rights I–X 1791 Pre–Civil War XI–XII 1795–1804 Civil War–Reconstruction XIII–XV 1865–1870 Twentieth Century XVI–XXVII 1913–1992 Note to teachers: This slide corresponds to Figure 3.4 in the Student Text, page 92. Have students turn to page 92 for a complete list of the amendments, accompanied by the purpose of each. © EMC Publishing, LLC

Your Turn Turn to Figure 3.4, on page 92, in your textbook. Choose the six amendments that you think are the most important additions to the U.S. Constitution, and rank them in order of importance (with 1 being most important). Briefly explain your choices. Note to teachers: This exercise will familiarize students with the variety and purposes of the amendments. Have them share personal anecdotes relating to their decisions, if applicable. © EMC Publishing, LLC

Process for Amending the Constitution Note to teachers: This slide corresponds with Figure 3.5 of p. 93 in the Student Text. You might use this schematic to launch a simulation of an amendment. Lead the class in brainstorming a list of 10 to 20 possible amendments. Explain that the class will act as Congress, and divide it into two groups, the House and the Senate. Organize a vote on each proposed amendment, and list the amendments that pass by a two-thirds majority in each chamber. Then assign each student to represent the legislature for a different state, and put each amendment that passed in both chambers to a vote. List the amendments that passed by a three-fourths majority in the state legislatures. Discuss the results. © EMC Publishing, LLC