Chapter Three The Constitution

Section One The Six Basic Principles

About the Constitution Brief, about 7000 words Strength in the principle, not the detail Structure –Preamble ( 6 reasons) –Seven Articles –27 Amendments

Six Basic Principles

Popular Sovereignty People are the source of power “We the People…”

Limited Government No government is all-powerful Limited by what people allow it to do Constitutionalism Rule of law

Separation of Powers Division of power among three branches –Legislative (Congress) –Executive (President) –Judicial (Courts

Checks and Balances Each branch is subject to the restraints by the other two branches Page 68 in book

Judicial Review Power of courts to determine if what government does is constitutional Marbury v. Madison –1803 –Power first used

Federalism Powers of government divided between national (federal) government and state governments Helped balance the need for a strong national government while allowing for the unique needs of each state

Section 2 The Formal Amendment Process

Background Our constitution has lasted 200+ years with little change It is a “living” document

Formal Amendments Written changes that become a part of the document itself 27 total Article V gives 4 methods

Four Possible Methods Proposal by 2/3 vote in each house Proposal by a National Convention called at the request of 2/3 of the state legislatures (34) Ratified by ¾ of the state legislatures (38) Ratified at state conventions in ¾ of the states

1 – 26 out of 27 adopted this way 2 – 21 st Amendment adopted this way 3 & 4 – Never used

Example of Federalism Always proposed at the National level (2/3) Always ratified at the State level (3/4)

Example of Popular Sovereignty Action of change represents the will of the people

Proposed Amendments No presidential action is required This is NOT law-making Only 33 of 10,000 have actually made it to the states

The 27 Amendments Bill of Rights –First 10, added in 1791 –Constitutional guarantees of freedom, self-expression, due process of law, and security Later Amendments –Not major changes –Most came about due to historical events

Section Three The Informal Amendment Process

Constitutional Interpretation Occurs in Five Basic Ways

Basic Legislation Laws are passed to execute the Constitution’s provisions Congress has added to the Constitution by the way it has used many of its powers

Executive Action President’s use of their powers interpreted differently over the years –Ex. Power as Commander in Chief allows them to enter war without Congressional approval Executive Agreements –Foreign affairs

Court Decisions Courts interpret and apply the words of the Constitution Landmark cases –Marbury v. Madison (judicial review) –McColluch v. Maryland (supremacy) –Gibbons v. Ogden (commerce)

Party Practices No mention of political parties National conventions held since 1830s Role of electoral college (now just rubber stamp) System of organizing Congress

Customs The President’s Cabinet Senatorial Courtesy No third term “rule” The term "Cabinet" comes from the Italian word Cabinetto, meaning "a small, private room." A good place to discuss important business without being interrupted. Fun Fact: