1. CHAPTER 3-INFORMATION “THE CONSTITUTION”
AMERICAN GOVERNMENT
CHAPTER 3-INFORMATION
“THE CONSTITUTION”

2. 3 BASIC PARTS-CONSTITUTION
Preamble-introduction to the Constitution
Articles-7-used for organization
Amendments-27-Additions or changes to the Constitution
Page 758
Can you recite this by memory? 10 extra credit points

3. Seven Articles-Constitution
Legislative- (Congress) Power to make the law
Executive- (President)Power to enforce the law
Judicial- (Courts)Power to interpret the law
Relations among the States-Ground rules for what States can and can’t do to each other
Amending the Constitution-Formal Process
National Debts, Supremacy Clause, Oaths of Office
Ratification of the Constitution - 9/13 states needed

4. School House Rocks – Preamble!

5. Basic Principles-Constitution
Popular sovereignty-People are sovereign; “We the People”; Elections
Limited Government-Government has only the authority it has given to it
-Constitutionalism-Gov’t according to the Constitution
-Rule of Law-Gov’t is never above the law
Separation of Powers-Splitting powers into three equal branches; create a stronger yet limited gov’t

6. School House Rocks – Three Ring Government

7. Basic Principles-Continued
Check and Balances-Authority that each branch has to restrain the others
Judicial Review-Power of the courts to determine if what the government does is in accordance with the Constitution
-”Marbury v. Madison”; “Roe v. Wade”
Federalism-Division of power between the central government and the regional (state) governments; Compromise-Kings Rule v. States Rule

9. Formal Amendment Process Article V-(5)
Formal-Actual change to the wording of the Constitution-27 Amendments
This process was meant to be difficult; less change
Graph - p. 76
27th Amendment –
Significance – Among the first to be offered by Congress back in 1789!
Bill of Rights – first 10 Amendments

11. Bill of Rights Finger Tricks

12. Amendments
The Framers knew that even the wisest of Constitution makers cannot build for all time. Thus, the Constitution provides for its own amendment – that is, for changes in its written words.
Four possible methods of Formal Amendments – changes or additions that become part of the written language of the Constitution itself.

13. Formal Amendment Steps
(See chart on pg. 73)
Step 1-Proposal
Must come from the National level of government by the United States Congress
2/3 vote
Step 2-Ratification (formal Approval)
Must come from the States by the 50 State Legislatures
3/4 vote of the fifty states (38)

14. Proposed Amendments
Nearly 15,000 joint resolutions calling for amendments to the Constitution have been proposed in Congress since 1789.
33 Have been sent on to the States
27 Have been finally ratified

15. Proposed Amendments Equal Rights Amendment 1972 DC Voting Rights 1978
Congressional Apportionment 1789
Titles of Nobility 1810
Corwin Amendment 1861
Child Labor Amendment 1924

16. Informal Amendment Process
Involves changes to the interpretation of the Constitution; not the wording!!
Happens more frequently
This is a result of day to day experiences of government under the Constitution
See Section 3 on page 79-82

17. Informal Amendment Examples
“Basic Legislation”
*Congress passing laws
defining Constitutional Powers
All federal courts set up by acts of Congress
Only Pres. and VP set up by Constitution – all other executive departments in executive created by acts of Congress
Original—Defense, Commerce and Agriculture
Latest—Homeland Security 2002
Power to Regulate Commerce (FDA)

18. Informal Amendment Examples
“Executive Action”-
Only Congress can declare war but Presidents have made war with out this
Executive Agreement (Made by the President with the head of another foreign State v. Treaty or Made with another country with the consent of the Senate). Executive Agreements used more often by Presidents because easier than treaty process in 2.2 of Constitution

19. Roosevelt asks Congress to Declare War

20. Informal Amendments-Examples
3. “Court Decisions”
Courts constantly interpret and apply the Constitution-Change!!!
“Woodrow Wilson-Courts are a Constitutional Convention in Constant process”
Precedent-all court decisions set precedent (Standard or example to be followed in the future)
“Clear and present danger”

21. Informal Amendments Examples
“Political Party Practices”-
Political Parties are not mentioned in the Constitution-George Washington warned us to stay away from them
Electoral College-Changed because of political parties (Now a “Rubber Stamp”)
Congress conduct business on basis of party
“Government through party”

22. Informal Amendments-Cont.
5. “Customs”
Cabinet-Started by George Washington(4) today 15
Death of the President-(8 times) V.P. moves up (25th Amendment-1967) First used in 1973-Ford
Senatorial Courtesy-Appointments to federal judgeships are done if the Senators from that State agree
“No-Third Term Tradition”-George Washington started it and FDR broke it –(22nd Amendment(1951) )