Magruder’s American Government C H A P T E R 3 The Constitution © 2001 by Prentice Hall, Inc.

C H A P T E R 3 The Constitution SECTION 1 The Six Basic Principles SECTION 2 Formal Amendment SECTION 3 Informal Amendment 1 2 3 Chapter 3

Bell Activity Who has belonged to organizations such as Boy Scouts, Girl Scouts, athletic teams, or even clubs. Explain the basic principles, or rules, of these organizations. What was the value of such 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? 2 3 Chapter 3, Section 1

Section 1 Vocabulary Preamble • Federalism Articles Constitutionalism Rule of law Separation of powers Checks and balances Veto Judicial review Unconstitutional

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. The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments. 2 3 Chapter 3, Section 1

Articles of the Constitution 2 3 Chapter 3, Section 1

Three of the Basic Principles 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. 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. Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government. 2 3 Chapter 3, Section 1

More of the Basic Principles Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action. Federalism is a system of government in which the powers of government are divided between a central government and several local governments. 2 3 Chapter 3, Section 1

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. Want to connect to the Magruder’s link for this section? Click Here! 2 3 Chapter 3, Section 1

Activity By using 6 index cards, write one of the six basic principle on the front of each card. On the back, write the definition , and one example.

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? 1 3 Chapter 3, Section 2

Bell Activity If a group of baseball owners sought to move the pitchers mound back five feet. What would be the formal process for such a change?

Section 2 Vocabulary Amendment Formal amendment Bill of rights (smart song)

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. 1 3 Chapter 3, Section 2

Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here: 1 3 Chapter 3, Section 2

Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms. 1 3 Chapter 3, Section 2

Section 2 Review 1 3 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. Want to connect to the Magruder’s link for this section? Click Here! 1 3 Chapter 3, Section 2

Section 3.2 Assessment Questions 1. How many amendments were added to the constitution in the 20th century Twelve 2. Describe the four possible methods of formal amendment. A. Proposal by a two-thirds vote in each house and ratification by three fourths of the state legislatures B. Proposal by Congress and ratification by special conventions in ¾ of the states C. Proposal by a national convention at the request of 2/3 of state legislatures and ratification by ¾ of the legislatures D. Proposal by a national convention and ratification by ¾ of conventions and states

Chapter 3.2 Assessment Questions 2. Describe the four possible methods of formal amendment. A. Proposal by a two-thirds vote in each house and ratification by three fourths of the state legislatures B. Proposal by Congress and ratification by special conventions in ¾ of the states C. Proposal by a national convention at the request of 2/3 of state legislatures and ratification by ¾ of the legislatures D. Proposal by a national convention and ratification by ¾ of conventions and states

Chapter 3.2 Assessment Questions 3. In your own words, describe freedoms protected by the Bill of Rights. Freedoms should include those of belief and expression; freedom and security of the person; and fair and equal treatment before the law. 4. Why does the Constitution provide that both houses of Congress must agree to the proposal of an amendment? The act of amendment is meant to be an expression of all the peoples will. If only one house were required to agree to the proposal of an amendment, all of the people would not be adequately represented.

Chapter 3 section 2 questions 5. Cite three events or controversies that led to amendments to the constitution. 1. 1800 election produced no winner and necessitated changes to the electoral college= led to 12 amendment 2. Need to repeal prohibition= led to the 21st amendment 3. Vietnam War and the idea that if one is old enough to fight, on is old enough to vote= 26 Amendment

Activity Using the vocabulary words from this section, perform a 15 second skit that illustrates the meaning of the term. While watching each performance, groups should write down the term they believe has been acted out.

S E C T I O N 3 Informal Amendment Objectives 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? 1 2 Chapter 3, Section 3

Bell Activity Has popular music changed over the past decades? Did anyone formally decide what kind of music will be popular each year? How did it come about?

Section 3 Vocabulary Executive agreement Treaty Electoral college Cabinet Senatorial courtesy

Informal Amendment Processes 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. The informal amendment process can take place by: (1) the passage of basic legislation by Congress; (2) actions taken by the President; (3) key decisions of the Supreme Court; (4) the activities of political parties; and (5) custom. 1 2 Chapter 3, Section 3

Executive Action and Court Decisions Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief.

Executive Action and Court Decisio An executive agreement is a pact made by the President directly with the head of a foreign state. Treaty: is a formal agreement between two or more sovereign states

Executive Action and Court Decisions The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

Electoral College The group that makes the formal selection of the nation’s President, from what the Framers intended into a “rubber stamp” for each State’s popular vote in presidential elections. http://www.youtube.com/watch?v=bCjWPo70X ZY Disney electoral College

What is the Cabinet? The cabinet is the heads of the 15 executive departments that serves as an advisory committee for the president. http://www.youtube.com/watch?v=xxSvi6JCCfk Presidents Cabinet

Section 3 Review 1 2 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! 1 2 Chapter 3, Section 3

Activity List each of the five basic informal procedures in changing the constitution on the front of a index card. On the back write specific examples of each of these ways.

Chapter 3 Section 3 Assessment Questions 1. By what means other than formal amendment has constitutional change occurred? Through informal channels, including basic legislation, executive action, court decisions, party practices, and customs. 2. What role does the Cabinet play in government? The cabinet serves as an advisory body to the President, and is traditionally made up of the heads of the executive departments and other officers.

Chapter Assessment questions 9. How is the text of the Constitution organized? It beings with a short introduction called the Preamble. The rest of the document is divided into seven numbers sections, called articles, That outline the organization and powers of each branch of government, the role of each branch of government, the role of the States, and the amendment and ratification processes. 10. What are the six basic principles of the Constitution? Popular sovereignty, limited government, checks and balances, separation of powers, judicial review, and federalism

Chapter 3 Assessment questions 11. (a) How are popular sovereignty and limited government related? Popular sovereignty holds that the people are the source of all government power, and limited government can do only those things that the people have given it the power to do. 11(B) Why were these principles important to the Framers of the Constitution? Because the Framers wanted to create a government that could not become tyrannical

Chapter 3 Assessment questions 12. What is the purpose of checks and Balances? The purpose of checks and Balances is to prevent one branch of government from having too much power over the other branches. 13. (A) How can the judicial branch check the legislative branch? Judges may overturn a law when they decide that it is unconstitutional. 13 (B) How can the executive branch check the legislative branch? Presidents may veto legislation and call special sessions

Chapter 3 Assessment Questions 14. How many amendments have been formally added to the Constitution? 27 15. (a) What has been the most common method for adding an amendment to the Constitution? Proposed by a two thirds vote in each house of Congress and ratified by ¾ of the State legislatures 15.(B) Which method has been used only once? Proposal by Congress with ratification by ¾ of State legislatures

Chapter 3 Assessment Questions 16. (A) Which amendment required the longest amount of time to ratify? 27th 16.(B) How long did it take? Nearly 203 yrs 17. How does the formal amendment process reflect federalism? It emphasizes the federal character of the governmental system, as proposal takes place at the national level and ratification at the State level

Chapter 3 Assessment Questions 18. What event led to the 13th, 14th, and 15th amendments? The Civil War 19. By what five ways has the Constitution been changed other than by formal amendment? Passage of basic legislation by Congress, actions taken by the President, key decisions of the Supreme Court, activities of political parties, and custom.

Chapter 3 Assessment 20. How has congress contributed to the process of constitutional change and development? By passing laws that elaborate on the brief provisions of the Constitution and that expand congressional power. 21. Cite two examples of the exercise of presidential power that illustrate the process of constitutional change by other than formal amendment. Through informal change Presidents have gained authority to use armed forces and the use of executive agreement in place of formal treaties

Chapter 3 Assessment Questions 22. How does the Presidential nominating process illustrate the process of constitutional change and development? Although neither the Constitution nor any law provides of the nomination of presidential candidates, political parties have adopted that function. Thus political parties have altered or added to the original intent of the document.