Chapter 3 – The Constitution Section 1 Structure and Principles

Structure The Preamble sets forth the goals of the government. Provide stability and order Protect citizens What is the Preamble? Why did the Founding Fathers want to provide stability?

Structure The seven articles, or divisions, of the Constitution govern a general topic. The articles are then broken down into sections. The first three articles create the three branches of government. The sections in each of the articles state what duties and powers each of the three branches has.

Structure The amendments provide for changes to the original document. Currently, there are 27 amendments.

Major Principles Popular sovereignty, or rule by the people is the cornerstone of the Constitution. Six major principles Popular sovereignty Federalism Separation of Powers Checks and Balances Judicial Review Limited Government The people need to support the government and have faith in it for success.

Major Principles Federalism, in which power is divided between national and state governments, is the government’s basic structure. The Founding Fathers wanted there to still be state governments that were responsible for local issues,. What are some aspects that the state controls?

Major Principles The Constitution provides for separation of powers among the legislative, executive, and judicial branches No one branch can become too powerful. No branch can perform the duties of another branch.

Major Principles Checks and balances, the process by which each branch of government exercises some powers over the others, guarantees that no branch of government will become too powerful. The most powerful principle in the Constitution. Allows each branch to have some say over the other two. Examine chart pg. 66

Major Principles Judicial Review, or the power of the courts to overturn laws and actions of national, state, and local governments ensures that laws made by Congress and the states do not violate individual rights. Judicial Review is not stated in the Constitution. This power developed out of a Supreme Court case in 1803. The courts earned the power to examine laws passed and signed.

Major Principles Limited government, in which the Constitution limits the governments actions by specifying the powers it has and listing the powers it does not have. This retains for the people the right to govern themselves. The Constitution clearly states, “This is what the government can do and this is what the government cannot do.”

Journal When your row is called, grab your text book from the shelf and open to page 65. Focus on separation of powers pg. 65 Focus on limited government pg. 67

Journal Both federalism and the separation of powers divide the powers of government. Compare these two methods of dividing power. Separation of powers divides the national governments powers among the three branches A limited government has its powers clearly defined.

Chapter 3 – The Constitution Section 2 Three Branches of Government

Review the three questions on top.

The Legislative Branch The powers granted to Congress are expressed in Article I, Section 8. These are enumerated powers. Congress handles a far greater number of bills today than Congress did early in our nation’s history.

The Executive Branch Article II, Sections 2 and 3 describe the specific powers of the president.

The Executive Branch The Founders recognized the need for a strong executive and granted the president broad but vaguely described powers

The Executive Branch The presidency has changed greatly over the years, with modern presidents handling so many duties that their schedules are timed minute by minute.

The Judicial Branch The United States has two levels of courts, federal and state, each with its own jurisdiction.

The Judicial Branch The subject of the case and the parties involved determine the jurisdiction of federal courts. The modern federal court system dates from 1891.

The Judicial Branch The Supreme Court exercised important power from the nation’s earliest years by using judicial review.

Journal When your row is called, grab your text book from the shelf and open to page 68.

Journal Why did the Founders establish a strong executive branch in the government?

Shared Power and Conflict The executive and legislative branches must cooperate to produce effective policies, but some conflicts are inevitable. The expansion of presidential power has caused conflicts between the executive and legislative branches

Shared Power and Conflict Congress has the power to limit judicial authority but has been reluctant to use it. The Supreme Court must depend on the president to carry out its decisions.

Journal When your row is called, grab your text book from the shelf and open to page 73.

Journal How did the power of judicial review enable the judicial branch to gain an equal status with the other two branches of government?

Chapter 3 – The Constitution Section 3 Amending the Constitution

The Amendment Process Article V describes how Congress and the states can change the Constitution.

The Amendment Process Two methods for amending the Constitution are provided for, but only one has been used: Congress proposing amendments and the states ratifying them.

The Amendment Process When Congress proposes an amendment, the states may ratify it by a three-fourths vote of their legislatures or of special ratifying conventions.

The Amendment Process Congress decides how much time the states will have to ratify a proposed amendment.

Journal When your row is called, grab your text book from the shelf and open to page 76.

Journal How did the laws and practices of Congress help to make the Constitution a “living document”?

Informal Changes Congress has passed laws that have changed or clarified many provisions of the Constitution. Congress has shaped the Constitution by using the powers granted to the legislative branch. Ex. impeach

Informal Presidential Changes In 1841, Pres. W.H. Harrison died and Vice Pres. John Tyler became president automatically.

Informal Presidential Changes In dealing with other nations, presidents use executive agreements that do not require the approval of Congress. Modern presidents have greatly strengthened the powers of their office by proposing their own legislative agendas to Congress.

Court Decisions The Supreme Court uses judicial review to interpret the Constitution. The Supreme Court’s rulings can change to reflect the changing condition of the times.

Changes Through Customs and Usage Political Parties are an example of customs that have informally changed the Constitution.

Changes Through Customs and Usage Although political parties are not mentioned in the Constitution, they began to organize government and conduct elections. Today, they play a vital role in government.

Journal When your row is called, grab your text book from the shelf and open to page 78.

Journal Describe the president’s changing role in developing legislation during modern times.

Chapter 3 – The Constitution Section 4 The Amendments

The Bill of Rights These ten amendments originally applied only to the federal government, but through a series of Supreme Court decision now apply to state governments also.

The Bill of Rights The First Amendment protects individuals’ right to worship, to speak freely, to assemble, and to petition and criticize government.

The Bill of Rights The Second Amendment ensures citizens’ right to own firearms The Third Amendment prohibits the government from forcing people to provide shelter for soldiers in their homes.

The Bill of Rights The Fourth Amendment protects individuals from unlawful searches and arrests without court warrants.

The Bill of Rights The Fifth Amendment protects people charted with a crime: a grand jury must indict them before trial. No one found innocent can be retried for the same crime. People cannot be forced to testify against themselves. No one can be deprived of life, liberty, or property without due process of law.

The Bill of Rights The Sixth Amendment guarantees accused person the right to know the charges against them, a defense attorney, a speedy jury trial, and the right to question all witnesses and compel them to testify.

The Bill of Rights The Seventh Amendment provides individuals the right to a trial by jury to settle property disputes, though a judge may try the case if both parties agree.

The Bill of Rights The Eighth Amendment prohibits excessive bail and fines, and bars cruel and unusual punishment for crimes. The Ninth Amendment states that all powers not spelled out in the Constitution are retained by the people

The Bill of Rights The Tenth Amendment says that all powers not given to the national government or denied to the states belong to the states or the people.

Journal When your row is called, grab your text book from the shelf and open to page 84.

Journal How does the due process clause in the Fifth Amendment protect individuals?

Other Amendments The Eleventh Amendment prohibits a state from being sued in federal court by citizens of another state. The Twelfth Amendment provides that the Electoral College shall cast separate ballots for president and vice president.

Other Amendments The Thirteenth, Fourteenth, and Fifteenth Amendments outlawed slavery, prohibited depriving anyone of life, liberty, or property without “due process of law,” and prohibited denying the right to vote based on race.

Other Amendments The later amendments, Sixteen through Twenty-seven deal with a wide range of topics reflecting change in modern times.

Journal When your row is called, grab your text book from the shelf and open to page 87.

Journal “The Bill of Rights protected citizens’ rights, but some of the later amendments extended citizens’ rights.” Do you agree or disagree with this statement? Explain your reasons.