1. Magruder’s American Government
C H A P T E R 3 The Constitution

2. 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

3. 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

4. Original US Constitution

5. 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

6. Articles of the Constitution
Preamble – States the purpose of the Constitution, the purpose of gov’t
Article 1 – Creation and structure of Legislative Branch
Article 2 – Creation and structure of Executive Branch
Article 3 – Creation and structure of Judicial Branch
Article 4 – Relations between the states and the states to national gov’t
Article 5 – Amendment process
Article 6 – National debts, supremacy clause, oaths of office
Article 7 – Ratifying the Constitution

7. 6 Basic Principles 2 3 Popular Sovereignty
The people are the only source for any and all governmental power.
Exercise sovereignty through voting
Limited Government
Government is not all powerful.
Government may do only those things that the people have given them the power to do.
Government must obey the laws 2 3
Chapter 3, Section 1

8. 5 Basic Principles cont. Separation of powers
Ensures the limited power of the government
Creates three branches of government, Legislative, Executive, Judicial
No branch has more power than the other two

9. More of the Basic Principles
Checks and balances
The system that creates overlapping power and responsibilities.
If any branch gets to powerful, the other two have Veto power.
Keep each other in check to keep a balanced government 2 3
Chapter 3, Section 1

10. More basic principles Judicial review
The power of a court to determine the constitutionality of a governmental action.
Federalism
A system of government in which the powers of government are divided between a central government and several local governments.

11. 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. 2 3
Chapter 3, Section 1

12. 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. 2 3
Chapter 3, Section 1

13. Exit Ticket
List the six basic principles of the US Constitution. Explain which one you feel is the most important.

14. 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

15. A Living Document
US Constitution is the oldest national constitution in the world.
Today’s Constitution is not the same document that was written in 1787.
Things have been modified, deleted and added to the document

16. Amending the Constitution
The Constitution provides for its own amendments, 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

17. First Method
Federal Level, Proposed and voted in favor of in two-thirds in each house of congress
State Level, Ratified by three-fourths of the states legislatures
26 of 27 amendments were adopted this way

18. Second Method
Federal Level, Proposed and voted in favor of in two-thirds in each house of congress
State Level, ratified by conventions (political meeting) in three-fourths of the states.
Only the 21st amendment was adopted this way.

19. Third Method
Federal, Proposed by a national convention approved by two-thirds of congress
State, Must be ratified by three-fourths of the state legislatures

20. Fourth Method
Federal, Proposed by a national convention approved by two-thirds of congress
State, ratified by conventions in three- fourths of the states.

21. 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

22. 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

23. 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.
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Chapter 3, Section 2

24. 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.
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Chapter 3, Section 2

25. Cool Down
Explain why there are four methods by which an amendment can be created.
Why are the 13th, 14th, and 15th amendments known as the Civil Rights amendments?

26. S E C T I O N 3 Informal Amendment
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

27. 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

28. Basic Legislation
Passing certain laws can change the meaning of the constitution.
4th amendment “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated…
Patriot Act
The Act increases the ability of law enforcement agencies to search telephone, communications, medical, financial, and other records, without Warrant, if suspected of terrorism.

29. Executive Action
Presidents use of powers can change the meaning of the Constitution
Constitution states that only Congress can declare war.
The president is the commander in chief of the nations armed forces.
Presidents have used the military in combat without a declaration of war several hundred times in American history.

30. Court Decisions
US supreme court interprets the Constitution in many cases they hear.
9th amendment – the people have more civil rights other than those mentioned in the constitution
Roe v. Wade
Abortion is not mentioned in the US Constitution. Court decided according to the 9th amendment abortion is a woman's constitutional right.

31. Political Party Practices
The Constitution does not mention political parties, many framers were against political parties.
Only three requirements for President
35 years old, natural born US citizen, lived in US for 14 consecutive years.
Political parties hold their process for nominating a presidential candidate.

32. Custom
Executive Branch, President, VP and Cabinet made up of 15 heads of executive department.
Prior to 1967, 25th amendment, it was custom that saw a VP take over for a president that died in office.
Prior to 1951, 22nd amendment, it was only custom that President not serve more than two terms

33. COOL DOWN
Explain the difference between a formal amendment and an informal amendment?
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Chapter 3, Section 3