1. Chapter 3 Notes Constitution

2. Section 1 Blueprint for Government
The Constitution divides the powers of among three separate branches: legislative, executive, and judicial.
The Constitution includes checks on and balances of government power to prevent any one branch of government from overpowering the others.

3. Section 1 Blueprint for Government
The Framers stated six goals in the Preamble:
Perfect union, justice, domestic tranquility, common defense, general welfare, and secure blessings of liberty.
Dilemma of democratic government
Allowing people substantial freedom
Controlling worst aspects of human behavior

4. Section 1 Blueprint for Government
Framers’ solution
Create governing document
Divide, distribute, and balance governmental power
Bill of Rights
Final check on power
Inclusion of Bill of Rights in 1791

5. Section 1 Blueprint for Government
Three main parts
Preamble—states broad goals
The seven articles—create structure of the U.S. government
The amendments

6. Section 1 Blueprint for Government
Article I
Creates and empowers Congress, the lawmaking body of the nation- “power of the purse”.
Article II
Establishes duties of the executive branch; the president, the vice-president.
Carries out laws passed by legislative branch

7. Section 1 Blueprint for Government
Checks and Balances
Congress checks executive by controlling taxes and spending
Can reject nominations; approve treaties
Congress given power to declare war; limits president’s power

8. Section 1 Blueprint for Government
Presidential Frustration
Roosevelt responded by introducing legislation to reorganize the federal judiciary
Wanted to increase the size of the Court by adding new justices
Result would be larger Supreme Court with favorable majority

9. Section 1 Blueprint for Government
Courts exercise judicial review—power to determine whether actions of legislative and executive branch are constitutional
Judicial review not mentioned in Constitution
In 1803 the Supreme Court established the principle of judicial review with the landmark case Marbury v. Madison

10. Section 2 Enduring Document
The Constitution is an enduring document that has the ability to grow and change over time..
The Constitution has been amended 27 times. The first 10 amendments are known as the Bill of Rights.

11. Section 2 Enduring Document
Adding Amendments
Two ways can be proposed:
1.by Congress, with the approval of at least two-thirds of the House and two-thirds of the Senate
2. by delegates at a national convention that is called by Congress at the request of at least two-thirds of the state legislatures
Ratifying
Supermajority required to ratify amendments ¾ state legislature or ¾ National Convention.

12. Section 2 Enduring Document
18th Amendment
1919: Enough state legislatures had ratified the proposal to make it the Eighteenth Amendment; but drinking alcohol not banned
Prohibition unpopular
Lucrative trade in illegal alcohol; led to organized crime, political corruption, and violence

13. Section 2 Enduring Document
The Bill of Rights
First Amendment—right to practice religion freely, protects freedom of expression, press , and the right to ask the government to correct injustices
4th protects individuals against unreasonable searches and seizures of private property
5th and 6th guarantee due process of law; no self-incrimination; right to a speedy trial and the right to an attorney

14. Section 2 Enduring Document
Civil War amendments: 13,14, and 15th Amendments- abolish slavery, African Americans the citizenship, and the right to vote. Not enforced in the South because of Jim Crow laws ( ).

15. Section 3 Applying the Constitution
Political parties, customs, and traditions have affected how the Constitution is applied and carried out.
Section 1, Article III created the Supreme Court; Congress authorized to create “such inferior courts as the Congress may from time to time ordain and establish”
With Judiciary Act of 1789 created system of lower-level federal courts

16. Section 3 Applying the Constitution
Presidents make executive agreements—arrangements or compacts with foreign leaders or foreign governments Executive branch agencies usually have rule-making power; rules have force of law; examples are medicine we take and tap water

17. Section 3 Applying the Constitution
Supreme Court
Strict interpretation of the Constitution means giving the words in the document only their literal meaning
Loose construction means following the words plus any reasonable inferences that can be drawn from them

18. Section 3 Applying the Constitution
Political Parties
Political party—an organized group that seeks to win elections in order to influence the activities of government

19. Section 3 Applying the Constitution
Legacy of Political Movements
Populists supported bank regulation; government regulation of railroads; unlimited coinage of silver; direct election of senators
Progressives took same causes as Populists; helped the urban poor

20. Section 3 Applying the Constitution
Criticisms of the Constitution
Inability to govern effectively due to separation of powers—gridlock
Electoral college—the body of 538 people elected. Critics complain that winner of popular vote may not win.