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

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. 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

5. Articles of the Constitution2 3
Chapter 3, Section 1

6. 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. 2 3
Chapter 3, Section 1

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

8. More of the Basic Principles
Federalism is a system of government in which the powers of government are divided between a central government and several local governments.

9. Section 1 Review
What is the purpose of the Preamble to the Constitution?
List 2 examples of how checks and balances work in the Federal Government.
What is the immediate effect if a law is declared unconstitutional?
Explain federalism in your own words.
What are the different roles of the executive branch, legislative branch, and the judicial branch?
Why were the writers of the Constitution careful to limit the powers of the Federal Government?
Some people consider the Judicial branch the least democratic of the 3 branches of government because federal judges are not elected and cannot be easily removed. How can voters and their elected representatives check the power of the judicial branch?

10. BELL RINGER
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.
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Chapter 3, Section 1

11. Media Watch Assignment
Find an article or news report on Government or the Presidential election.
For the article or report:
Site the source.
Give a brief summary.
Explain whether or not there is any bias showed.

12. 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

13. 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

14. 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

15. Federalism and Popular Sovereignty
How does the formal amendment process emphasize the federal character of the governmental system?
Proposal takes place at the national level and ratification at the state level.

16. Proposed Amendments
Article V of the constitution states that “no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
This is the only restriction that the constitution places on what Amendments can be proposed.

17. 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

18. Section 2 Review
How many amendments were added to the constitution in the 20th century?
Describe the 4 possible methods of formal amendment.
In your own words, describe 3 freedoms protected by the Bill of Rights.
Why does the Constitution provide both houses of Congress must agree to the proposal of an amendment?
Cite 3 events or controversies that led to amendments to the Constitution, and explain how each of these amendments settled a particular question.
Why does the Constitution require an extraordinary majority for the ratification of amendments to the Constitution?

19. Section Review
Page 77 #1-6

20. BELL RINGER 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

21. 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

22. 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

23. 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.
Court Decisions
The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear. 1 2
Chapter 3, Section 3

24. Basic Legislation Major agent of constitutional change in 2 ways
Passed laws to spell out several of the constitution’s provisions
The way in which Congress has used many of its powers.

25. Party Practices Constitution makes no mention of political parties.
Major parties have had national conventions to nominate candidates since the 1830s.

26. Custom Unwritten custom may be as strong as written law.
President’s cabinet (advisory body) is made up of the heads of the 15 executive departments.
“no third-term tradition” is an example of a custom that became a law. Started with George Washington and lasted for nearly 150 years.
FDR broke this tradition and as a result it was later made a law with the 22nd Amendment.

27. Section Review
Page 82 #1-6

28. 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.
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Chapter 3, Section 3

29. Constitution Assignment
Read page 71.
Discuss the purpose of the Bill of Rights and why these 1st Ten Amendments were added to the Constitution.
Summarize each position on page 71 and tell which argument is the most persuasive and why. Which position favors a more flexible interpretation?

30. Review Questions
What are the six basic principles of the Constitution?
What is the purpose of checks and balances?
What are the different ways to formally amend the Constitution?
How many times has the Constitution been amended? What is the Bill of Rights?
How does the formal amendment process reflect federalism?
What powers do the executive branch and the courts have to amend the Constitution?
How does the presidential nominating process illustrate the process of constitutional change and development?

31. ESSAYS
If a proposed amendment violates the Constitution, should the Supreme Court be able to block its ratification? Explain.
How is the constitutional principle of federalism reflected in the formal amendment process?

32. ESSAYS
How do the formal and informal amendment processes compare as expressions of popular sovereignty?
When Franklin Roosevelt broke the "no-third- term" tradition, did he violate the Constitution? Explain your answer.
If a proposed amendment violates the Constitution, should the Supreme Court be able to block its ratification? Explain.
How is the constitutional principle of federalism reflected in the formal amendment process?

33. Test Day
Start reviewing and get ready

34. Chapter review
Pages 84 and 85 #

35. Bell Ringer
How does the formal amendment process emphasize the federal character of the governmental system?

36. Ch. 3 Introduction Assignment
Preamble
Articles
Constitutionalism
Rule of law
Separation of powers
Checks and balances
Veto
Judicial review
Unconstitutional
Federalism
amendment
Formal amendment
suffrage
Bill of Rights
Treaty
Electoral college
Cabinet