1. Chapter 3-The Constitution
American Government

2. Section 1-Basic Principles
The Constitution is “the supreme law of the land” – the highest form of law in the United States It lays out the basic framework and procedures of our government.

3. An Outline of the Constitution
The Constitution is separated into: I. “Preamble”: A short introduction. II. “Articles”: Seven numbered sections that outline the American government. III. “Amendments”: A total of twenty-seven additions to the document.

4. The Seven Articles of the Constitution
Article I- Created the Legislative Branch
Article II- Created the Executive Branch
Article III- Created the Judicial Branch
Article IV- Addressed relationships between the states
Article V- Covers the process of amending the Constitution
Article VI- Addressed several issues that included the national debt, supremacy of national laws and oaths of office
Article VII- Explains the process of ratifying the Constitution

5. The Six Basic Principles of the Constitution
I. Popular Sovereignty II. Limited Government III. Separation of Powers IV. Checks and Balances V. Judicial Review VI. Federalism

6. I. Popular Sovereignty:
All political power resides in the people-
Government can only govern with the consent of the governed.
*All forms of government national, state, and local operate according to this principle.

7. II. Limited Government:
Government is not all-powerful
It may only do those things that the people have given it the power to do.
*Government must obey the law–it must follow the principle of “constitutionalism”: government must be conducted according to constitutional principles.
* “Rule of law”: government and its officers are always subject to–never above–the law.

8. III. Separation of Powers:
The basic powers of government are separated among three independent branches in our presidential system.
*This separation of powers created the legislative, judicial and executive branches

9. III. Separation of Powers:
Article I: The legislative branch makes the laws (Congress).
Article II: The executive branch executes/administers laws (The President).
Article III: The judicial branch interprets/applies the laws (Supreme Court).
*This separation is intended to create a strong, yet limited, government.

10. III. Separation of Powers:

11. IV. Checks and Balances:
Each branch of government is subject to a number of constitutional checks (restraints) by the other branches.
*The three branches are not entirely separated or completely independent of one another.

12. Examples of Checks and Balances:
1. Congress (legislative branch) has the power to make laws, but the President (executive branch) has the power to “veto” any act of Congress.
2. Congress can refuse to provide funds that are requested by the President.
*This system makes compromise necessary so there are very rarely are there open clashes between the branches.

13. V. Judicial Review:
The power of courts to determine whether “what government does is in accord with what the Constitution provides”.
This power is held by all federal courts and by most state courts.
*Judicial review is the power to declare something “unconstitutional”:
To declare illegal/null and void, a governmental action that violates some aspect of the Constitution.

14. VI. Federalism:
The division of power among a central government and several regional governments- the powers held by government are distributed on a territorial basis.
*This is a compromise between an all-powerful federal government and totally independent states.

15. Section 2-Formal Amendments

16. Amending the Constitution
The Constitution has stood as our fundamental document for over years-in most ways, it has remained exactly the same, but several changes have been made throughout the years.

17. The Formal Amendment Process:
The Constitution itself provides for its own “amendment”: changes in its written words. There are 2 methods of proposal and 2 methods of ratification (there are 4 total methods).
Two Methods of Proposal
By Congress (2/3 approval in each House)
Proposed at a national convention called by congress, when requested by 2/3 of state legislatures.
Two Methods of Ratification
Ratified by the state legislatures of ¾ of the states.
Ratified by conventions held in ¾ of the states.

18. Amendment Process Options

19. Proposed Amendments
*The most common way is to be proposed by 2/3 vote in each house and ratified by ¾ of state legislatures–26 of the 27 amendments have been passed this way.
*15,000 joint resolutions calling for amendments have been proposed in Congress since 1789 – 33 have been sent to the states–only 27 have been passed.

20. The Twenty-Seven Amendments:
“Bill of Rights”: The first ten amendments to the Constitution. These were added less than three years after ratification.
These amendments ensure our personal freedoms (expression, speech, security, equality before the law).

22. The Twenty-Seven Amendments
The Later Amendments
The next 17 amendments have been added throughout the past years. Many were passed, and symbolized, historic changes (13th abolished slavery, 18th banned alcohol, 21st brought alcohol back).
*All of the amendments are intended to improve upon the existing governmental structure-they are well thought out, and viewed as necessary by the vast majority.

23. Section 3- Constitutional Change by Other Means

24. Informal Amendment Process
The Constitution is very skeletal in nature, it lays out a basic foundation, but many of the details are left open to change.
Many changes have been made to the Constitution which do not involved any changes in its written words.
These changes are made in 5 basic ways:
Basic Legislation
Executive Action
Court Decisions
Party Practices
Customs and Usages

25. 1. Basic Legislation:
Congress has added to the Constitution by passing literally thousands of laws. The Constitution established Congressional powers, but Congress has used these powers as it has seen fit.

26. 2. Executive Actions: Examples:
The way that presidents have used their powers has helped the Constitution to grow.
Examples:
A. Congress must declare war vs. commander in chief.
B. “Treaties”: formal agreements between two or more sovereign states require approval from the Senate. “Executive agreements”: a pact made by the president directly with the head of a foreign state do, not require Senate approval.

27. 3. Court Decisions:
The Supreme Court constantly interprets the Constitution and its powers and limitations – it decides what can and cannot be done under the law.

28. 4. Party Practices:
Although the Constitution makes no reference to political parties, they not only exist, but have a great influence. Congress is organized and conducted on the basis of political party (from resolutions to nominations).

29. 5. Custom: Unwritten custom can be just as strong as written law.
Example:
1. Custom says that the heads of the 15 executive departments make up the “cabinet” (not the Constitution).
2. The “no third-term rule” for presidents, was a custom that was followed for almost 150 years. Franklin Delano Roosevelt broke this custom in 1940.
*21st Amendment (1951)