1. Chapter 3

2. Six Basic Principles of the Constitution Principles – Popular Sovereignty – Limited Government – Separation of Powers – Checks and Balances – Judicial Review – Federalism Groups of Six – 3 index cards – Name of principle – Definition of principle – Example of prinicple

3. The US Constitution can Seven Articles that tell the government what it can do. cannot The Bill of Rights will tell government what it cannot do.

4. 4 7 articles of the Constitution Article 1: Legislative branch – the longest because of the desire of the ‘Founding Fathers’ to enforce republicanism and have only elected representatives run government – details the ‘Great Compromise’, which established a bicameral legislature based on separate representation principles – lists election principles from House & Senate – gives House the sole right to initiate bills regarding revenue

5. 5 Powers of Congress to regulate customs, monetary and commercial affairs ‘with foreign Nations, and among the several States, and with the Indian tribes’ to declare war and provide for national defense, including militia, navy to establish a postal system & post roads

6. 6 The ‘Elastic’ Clause [Congress shall have power…] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. – ‘Implied powers’, ‘necessary and proper’ clause Key provision, which has been the basis for the expansion of congressional powers since 1789

7. 7 Article 2: the Executive commander-in-chief can request the ‘Opinion, in writing, of the principal officer in each of the executive Departments’ grants pardons sign treaties appoints judges, cabinet members, ambassadors— all upon the ‘Advice and Consent’ of the Senate gives Congress ‘Information of the State of the Union’

8. 8 Article 3: the Judiciary Creation of the Supreme Court and other ‘inferior Courts as the Congress may from time to time ordain and establish.’ Automatic SC jurisdiction in cases involving states

9. 9 Article 4: the States Mutual recognition of state laws equal privileges and immunities to all citizens extradition from state to state all states shall have republican government states shall be protected from invasion and offered assistance in times of domestic unrest

10. 10 Articles 5-7: Further provisions Article 5: Amendment Article 6: the Constitution shall be ‘the supreme Law of the Land; and the Judges [legislators and executives] in every State shall be bound thereby’ – ‘no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States’ Article 7: Ratification, 9/13 states

11. Paths to Amending the Constitution Note: Congress chooses which path is used. Path A: Used for 26 Amendments. Path B: Never used. Path C: Used for one amendment (21st). Path D: Never used

12. Amendments to the Constitution

13. Informal Ways to Change Constitution Congressional Legislation – Congress passes laws. Example – structure of the court system Executive Action – President acts without congressional approval. Example – executive agreements are like treaties but do not need Senatorial approval Courts – Cases define law. Example – Marbury v Madison established judicial review Party Practices – Constitution does not structure how presidential candidates are nominated. Example – each party holds national conventions to nominate candidates Custom – Examples – The president’s cabinet and senatorial courtesy – when a federal judicial appointment is not even considered until after a Senator from that state is consulted.