1. Chapter 3 The Constitution
Sections 1 and 2 The Constitution and the Three Branches of Government

2. The U.S. Constitution Outlines the U.S. government
Establishes the ruling principles of that government
Contains only 7,000 words
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3. Parts of the U.S. Constitution
Section
Purpose
Preamble
Introduces reasons for creating the document
Article I
Outlines the legislative branch
Article II
Outlines the executive branch
Article III
Outlines the judicial branch
Article IV
Discusses relations between the states and between the states and the national government
Article V
Describes how to amend the Constitution
Article VI
Declares the Constitution to be the supreme law of the land
Article VII
Lists requirements for ratifying the Constitution
27 amendments
Modify the Constitution
Note to teachers: This chart corresponds with Figure 3.1 of textbook, page 69.
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4. Basic Principles of the U.S. Constitution
Limited government
Popular sovereignty
Federalism
Separation of powers
Checks and balances
These principles resulted from agreements and debates of the Constitutional Convention, 1787.
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5. Your Turn
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them [the people] under absolute Despotism, it is their right, it is their duty, to throw off such Government.” (Declaration of Independence, 1776)
The above quotation reflects causes that resulted in which of the following principles of government?
a. Judicial review d. Limited government b. Federalism e. Checks and balances
c. Separation of powers
Note to teachers: The answer to this question is d. Limited government. This language was included in the Declaration of Independence because the founders had experienced oppression under the too-powerful British government, and they wanted to ensure that Americans did not suffer tyranny under their new government. The principle of limited government says that even leaders are subject to the rule of law and cannot take away certain rights of individuals.
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6. The Three Branches of Government
Legislative branch
Makes laws
Executive branch
Executes, or carries out, laws
Judicial branch
Interprets laws and judges whether they have been broken
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7. The Legislative Branch
Article I of the Constitution outlines the legislative branch.
The founders considered this the most important branch.
James Madison recommended a republic, or representative, government.
In a republic, laws are made by a body of government called the legislature, not by the people themselves.
Our legislature is bicameral, meaning that it has two chambers.
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8. Powers of the U.S. Congress
Congress has the power to “make all Laws which shall be necessary and proper for carrying into Execution the… Powers vested by this Constitution” (U.S. Constitution, Article I, Section 8; also called the elastic clause ).
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9. Powers of the U.S. Congress
Well-Known Powers of Congress Article 1, Section 8
Collect taxes
Regulate commerce
Coin and regulate money
Establish post offices and roads
Declare war
Raise and manage armed services
Make laws
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10. The Two Chambers of Congress
House of Representatives
Senate
Membership represents population
Membership consists of two senators from each state
Members are elected
Until 1917, members were appointed by state legislatures
Requirements: 25+ years old, citizen for 7 years
Requirements: 30+ years old, citizen for 9 years
Term: 2 years
Term: 6 years
Members are in touch with home districts
Members are older, more established
Actions reflect changing public opinion
Actions reflect stable points of view
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11. Your Turn Unicameral = One-house legislature
(Examples: governments of Denmark, Spain, Israel, Syria, and Malta)
What are the benefits and costs of having a unicameral versus a bicameral legislature?
Note to teachers: Responses might include the following:
Benefits:
The lawmaking process is faster and more efficient.
Laws are more responsive to changes in public opinion.
There is no need to represent different classes or groups.
Costs:
It is difficult for a unicameral legislature to represent more than one set of interests.
Two houses offer the potential for more checks and balances.
It is not always good to make laws quickly; a slower process can be more stabilizing.
In bicameral governments, each house checks the passions of the other.
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12. The Executive Branch The U.S. president
Suggests, encourages, and vetoes legislation
Is chosen by delegates of an electoral college
Holds a maximum of two 4-year terms
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13. Executive Branch: Fears of the Founders
Constitutional Convention debate focused on three issues:
Executive as one person versus multiple people
Executive’s ability to seek reelection as many times as desired
Direct election by the people versus indirect appointment by a legislature
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14. The Executive Branch
Article II of the Constitution describes the executive branch:
Section 1: Qualifications of Office: Must be a natural-born citizen, a resident for 14 years, and 35+ years of age
Section 2: Powers of Chief Executive: Serves as commander-in-chief, can grant pardons and make treaties, and can appoint other U.S. officials
Section 3: State of the Union Address: Can call a special session and execute laws
Section 4: Impeachment: Can be charged with “treason, bribery, or other high crimes or misdemeanors”
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15. Your Turn
Possible Alternative to the Presidential System: A Parliamentary System
In a parliamentary system:
The leader is a member of the legislature, chosen by the other legislators.
The legislative and executive branches are merged.
How is this system different from the presidential system in the United States?
Note to teachers: The parliamentary system is different from the presidential system in the following ways: In a parliamentary system, citizens never vote for the leader of the majority party in the legislature; the legislature can replace the leader without asking the voters, especially if it disagrees with the leader’s politics or ideology; the executive is dependent on the legislature; and the executive has the power to call legislative elections.
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16. The Judicial Branch The judicial branch
Interprets laws through a court system
Establishes how laws are understood, thereby “making” laws
Is protected from politics
The founders considered the judicial branch the weakest branch.
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17. The Constitution and the Judicial Branch
The Constitution gives Congress the power to establish the lower courts:
“The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish.” (U.S. Constitution, Article III)
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18. The Constitution and the Judicial Branch
The Supreme Court has two types of jurisdiction:
Original jurisdiction: Authority to hear cases directly without a hearing in a lower court
Appellate jurisdiction: Authority to revise another court’s decision
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19. Chief Justice John Marshall
Judicial Review Power
The Supreme Court may declare an act of Congress or an order of the executive branch unconstitutional.
In 1803, Marbury v. Madison gave a gigantic grant of power to the courts.
Chief Justice John Marshall
Note to teachers: Chief Justice John Marshall wrote the unanimous decision in Marbury v. Madison.
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20. Possible Alternative to Judicial Review: Legislative Supremacy
Your Turn
Possible Alternative to Judicial Review: Legislative Supremacy
One alternative to judicial review is to allow Congress’s laws to stand unchallenged.
How might allowing Congress’s laws to stand unchallenged change the power dynamic between the judicial and legislative branches?
Note to teachers: Students should think about how much power an unchecked legislature would have, and then consider how much less power the U.S. Congress has, even though the Supreme Court seldom strikes down a law. Point out that judicial review is an important tool in maintaining the balance of power between the three branches.
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