1. CHAPTER 3
U.S. Constitution

2. CONSTITUTION
It sets out the basic principles on which the government of the United States was built.
It is the nation’s fundamental law.
It is the highest form of law in the U.S.
It is the “supreme law of the land.”
It lays out the basic framework of how the government must operate.

3. U.S. CONSTITUTION
It is on display in the National Archives Building in Washington, D.C.

4. 6 FOUNDATIONS OF THE U.S. CONSTITUTION
Popular Sovereignty—the people are the only source of any and all government power. Government can only govern with the consent of the governed.
In other words, the fundamental principle that the power to govern belongs to the people and that government must be based on the consent of the governed.
Limited Government—the government is not all powerful and is limited by the people in what it can and cannot do. It is limited to do only what the people give it. Government must obey the law.

5. 6 FOUNDATIONS OF THE U.S. CONSTITUTION
Separation of Powers—the executive, legislative, and judicial powers are and must be divided among three independent and co-equal branches of government.

6. Legislative Branch
Article I, Section 1 of the U.S. Constitution states that Congress shall make laws.

7. Executive Branch
Article II, Section 1 of the U.S. Constitution states the President shall enforce laws.

8. Judicial Branch
Article III, Section 1 of the U.S. Constitution states that the U.S. Supreme Court (and others deemed necessary by Congress) shall interpret laws.

9. 6 FOUNDATIONS OF THE U.S. CONSTITUTION
Checks and Balances—system of overlapping the powers of the separate legislative, executive, and judicial branches of government, to permit each branch to check (balance) the actions of the others.

10. Checks and Balances Executive Checks Legislative Veto Legislation
Call Special Sessions
Recommend Legislation
Appeal to the People

11. Checks and Balances Executive Checks Judicial
President Appoints Federal Judges

12. Checks and Balances Legislative Checks Executive
Creates Agencies an Programs
Appropriates Funds
May Override Veto (2/3 vote in House & Senate)
May Impeach President
Senate Approves Treaties and Presidential Appointments

13. Checks and Balances Legislative Checks Judicial
Creates Lower Courts, and May Remove Judges Through Impeachment
Senate Approves Appointment of Federal Judges

14. Checks and Balances Judicial Checks Executive
Judges Are Free From Executive Control (Term Is For Life)
May Declare Executive Actions Unconstitutional

15. Checks and Balances Judicial Checks Legislative
May Declare Acts of Congress To Be Unconstitutional

16. 6 FOUNDATIONS OF THE U.S. CONSTITUTION
Judicial Review–power of the courts to decide the validity of acts of the legislative and executive branches of government.
If the courts decide that a legislative act is unconstitutional, it is nullified. The decisions of the executive and administrative agencies can also be overruled by the courts as not conforming to the U.S. Constitution.

17. Marbury v. Madison (1803)
Generally regarded as the single most important opinion in the history of the U.S. Supreme Court.
The decision set out the arguments on the basis of which the Court exercises its power of judicial review, which means the Court can judge whether or not statutes passed by Congress or state legislatures meet the requirements set out by the U.S. Constitution.

18. 6 FOUNDATIONS OF THE U.S. CONSTITUTION
Federalism—division of power on a geographic basis, in the United States between the National Government and the States.

19. FORMAL AMENDMENT
According to Article V of the U.S. Constitution amendments may be proposed in two ways, and they may be approved by the states in two ways, creating four possible paths that a proposed amendment may take.

20. 4 WAYS TO FORMALLY AMEND THE U.S. CONSTITUTION
Proposed 2/3 vote in House and Senate & ratified by 3/4 state legislatures.
Proposed 2/3 vote in House and Senate & ratified by 3/4 state conventions.

21. 4 WAYS TO FORMALLY AMEND THE U.S. CONSTITUTION
2/3 state legislatures can request Congress to call a national convention & ratified by 3/4 state legislatures.
Proposed by a national convention & ratified by 3/4 state conventions.

22. Freedom of religion, speech, press, assembly, and petition
1st Amendment
Freedom of religion, speech, press, assembly, and petition

23. 2nd Amendment
Right to bear arms

24. 3rd Amendment
Quartering of troops

25. 4th Amendment
Search and Seizure

26. Criminal proceedings, due process, and eminent domain
5th Amendment
Criminal proceedings, due process, and eminent domain
Rights of accused persons

27. Right to speedy and fair trial
6th Amendment
Criminal proceedings
Right to speedy and fair trial

28. 7th Amendment
Civil trials

29. 8th Amendment
Punishment for crimes
Bail and punishment

30. Powers reserved to the people
9th Amendment
Unenumerated rights
Powers reserved to the people

31. Reserved powers to the States
10th Amendment
Reserved powers to the States

32. States can’t be sued in federal court by a citizen of another state
11th Amendment (1795)
States can’t be sued in federal court by a citizen of another state

33. Changes in electoral process of President and Vice President
12th Amendment (1804)
Changes in electoral process of President and Vice President

34. 13th Amendment (1865)
Abolition of Slavery

35. Citizenship, due process, and equal protection
14th Amendment (1868)
Citizenship, due process, and equal protection

36. Right to vote (race, color, servitude)
15th Amendment (1870)
Right to vote (race, color, servitude)

37. 16th Amendment (1913)
Income tax

38. Direct election of U.S. Senators
17th Amendment (1913)
Direct election of U.S. Senators

39. Prohibition of alcohol
18th Amendment (1919)
Prohibition of alcohol

40. 19th Amendment (1920)
Woman Suffrage

41. Changed date for Presidential inauguration and sessions of Congress
20th Amendment (1933)
Changed date for Presidential inauguration and sessions of Congress
“Lame Duck”

42. Repealed 18th Amendment, which was prohibition of alcohol
21st Amendment (1933)
Repealed 18th Amendment, which was prohibition of alcohol

43. Limits Presidential term
22nd Amendment (1951)
Limits Presidential term
2 terms for maximum of 10 years

44. Established 3 electors from Washington, D.C.
23rd Amendment (1961)
Established 3 electors from Washington, D.C.

45. 24th Amendment (1964)
Abolition of poll tax

46. Presidential Disability and Succession
25th Amendment (1967)
Presidential Disability and Succession

47. 26th Amendment (1971)
Age 18 right to vote

48. No varying compensation for U.S. Senators and Representatives
27th Amendment (1992)
No varying compensation for U.S. Senators and Representatives

49. Bill of Rights (1791)
First ten amendments to the U.S. Constitution.
Provide basic legal protection for individual rights.
Amendments 1-9 deal with civil rights.
Amendment 10 deals with reserved powers.

50. INFORMAL AMENDMENT
A change made in the U.S. Constitution by the day-to-day, week-to-week, and year-to-year experiences of the American government under the U.S. Constitution.

51. 5 MEANS OF INFORMAL AMENDMENT
U.S. Congress
Through the laws it passes
H.R. 1025 (Brady Handgun Violence Prevention Act Federal Firearms License Reform Act of 1993)
A bill to provide for a waiting period before the purchase of a handgun, and for the establishment of a national instant criminal background check system to be contacted by firearms dealers before the transfer of any firearm.

52. 5 MEANS OF INFORMAL AMENDMENT
Executive Actions
Through actions of the President and the Cabinet.
Through foreign conflicts
Korea, Vietnam, Grenada, Panama, Kuwait, Bosnia, Somalia, Iraq, Afghanistan

53. 5 MEANS OF INFORMAL AMENDMENT
Judicial Decisions
How the U.S. Supreme Court interpret and apply the U.S. Constitution to the cases they hear.
Judicial Review, Segregation, Abortion

54. 5 MEANS OF INFORMAL AMENDMENT
Political Parties
Have changed the way in which Presidents are elected.
1832 Nominating Conventions began.

55. 5 MEANS OF INFORMAL AMENDMENT
Customs
Doing things out of ceremony, habit, and ritual.
“Kitchen Cabinet,” no 3rd term until FDR, Executive orders, Internet/Media

56. Citations
"U.S. Senate Roll Call Votes 103rd Congress - 1st Session". U.S. Senate. May 27, 2010 <