1. Chapter 3: The Constitution Section 1

2. Objectives Understand the basic outline of the Constitution.
Understand the six basic principles of the Constitution: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.

3. Key Terms
popular sovereignty: the political principle that people are the source of all governmental power and that government requires the consent of the governed
limited government: the idea that government may only do those things that the people have given it the power to do
constitutionalism: the idea that government must be conducted according to constitutional principles

4. Key Terms, cont.
rule of law: the principle that government and its officers must always obey the laws of the land
separation of powers: the principle that each of the basic powers of government—executive, legislative, and judicial—should be wielded by an independent branch of government

5. Key Terms, cont.
checks and balances: the system under which each branch of government can check, or limit, the actions of the other branches
veto: to reject an act of Congress
judicial review: the power of a court to determine whether a government action is constitutional or not

6. Key Terms, cont.
unconstitutional: in violation of a provision of the Constitution, and therefore illegal and of no effect
federalism: the principle that political power should be divided between a central government and a number of regional governments

7. Introduction
What are the six main principles on which the Constitution is based?
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
The Constitution embodies these key principles along with describing the basic structure of our government.

8. Outline of the Constitution
The Constitution is organized in a simple fashion and is fairly brief.
In many areas it focuses more on principles than specific details. This helps it guide the nation through changing times.
The seven articles are followed by the 27 amendments.

9. Popular Sovereignty
The principle that the people are the only source for all governmental power.
The government rules through leaders elected by the people to represent the people.
The Preamble notes that the Constitution is created by “We the People.”
NOTE TO TEACHERS: In above image, voters express their will to the government. This concept is called popular sovereignty.

10. Limited Government
Government may only do those things the people have given it the power to do.
Government must obey the law.
Much of the Constitution spells out limits on the power of the government.

11. Separation of Powers
Checkpoint: How does the separation of powers keep government from becoming too powerful?
The Constitution divides power among the legislative, executive and judicial branches.
Congress makes the laws, the President executes and administers the laws, and the Supreme Court interprets the laws.
Separation of powers keeps a strong central government from being too powerful.
Too much power concentrated in any one branch could lead to abuses of that power.
Checkpoint Answer: By dividing power among three branches, it makes it very difficult for any one branch to assume too much authority. The only way the government could abuse its powers is if every branch agreed to work together, which is unlikely given all the different individuals and goals involved.

12. Checks and Balances
Each branch of the federal government can check the power of the other two.
The President can veto bills passed by Congress, but Congress can override a veto.
The Senate can reject presidential appointees or refuse to ratify a treaty.
Congress can vote to impeach a federal official.
The federal courts can rule that executive and legislative acts are unconstitutional.

13. Checks and Balances, cont.
The use of checks is fairly rare.
Compromise is more common
Conflicts more likely when Congress and the presidency are controlled by different parties.

15. Judicial Review
The Courts can decide if a government action is constitutional.
The power of judicial review is held by all federal courts and most state courts.
Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case Marbury v. Madison in 1803.
Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years.

16. Federalism
Federalism is a compromise between an all-powerful central government and an independent state government.
It corrected the weaknesses of the Articles of Confederation without replacing them with a British-style monarchy.
The Framers felt that too much governmental power threatened liberty.
Federalism helps prevent that power from being abused, by dividing governmental power.

17. Federalism, cont.
Diagram question answer: Under the Articles of Confederation, states regulated trade among themselves with disastrous results for the national economy. Having interstate trade disputes settled by the central government is an efficient and fair way of ensuring that such disputes do not cause national problems.
The Constitution divides power among the State and Federal Governments.
Why might the Constitution give the power to regulate trade among the States to the Federal Government?

18. Review
Now that you have learned about the six main principles on which the Constitution is based, go back and answer the Chapter Essential Question.
How has the Constitution lasted through changing times?

19. Chapter 3: The Constitution Section 2

20. Objectives
Identify the four different ways by which the Constitution may be formally changed.
Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty.
Understand that several amendments have been proposed, but not ratified.
Outline the 27 amendments that have been added to the Constitution.

21. Key Terms amendment: a change to the written words of the Constitution
ratification: the act of approving a proposed amendment
formal amendment: one of four ways to change or add to the written language of the Constitution
Bill of Rights: the name given to the first ten amendments to the Constitution, which guarantee many basic freedoms; all ten amendments were ratified in 1791

22. Introduction
How has the Constitution been amended through the formal amendment process?
The majority of amendments have been proposed by a two-thirds vote of Congress and ratified by three-fourths of the state legislatures.
An amendment can also be ratified by state conventions held in three fourths of the states. This has only happened once.

23. Changing with the Times
The amendment process allows the Constitution to adapt to the changing needs of our nation and society.
The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million.
Portions of the Constitution have been added, deleted, or altered as a result of amendments.

24. The Amendment Process
Article V of the Constitution describes the amendment process.
Amendments may be proposed:
By a two-thirds vote of each house of Congress. [Done for 26 of 27 amendments.]
By a national convention called by Congress at the request of two-thirds of the state legislatures. [Done for the 21st amendment.]
NOTE FOR TEACHERS: Today, 2/3 of the states means that 34 must propose an amendment and ¾ of the states means that 38 states must ratify an amendment. In the past 40 years, Congress has come close to calling a national convention twice at the request of the states; once to change a Supreme Court decision about voting rights, and the other time to require a balanced federal budget except in times of war or national emergency.

25. The Amendment Process, cont.
Amendments can be ratified:
By three-fourths of the state legislatures.
By conventions in three-fourths of the states. [A method not yet used.]

26. Federalism
Checkpoint: How does the federal amendment process reflect the concept of federalism?
Amendments are proposed at the national level and ratified at the state level by legislatures or conventions.
A state can reject an amendment and later decide to ratify it.
But a state cannot change its mind after it votes to ratify an amendment.
The President cannot veto proposed amendments.
Checkpoint Answer: Amendments are proposed at the federal level and ratified at the state level, thus dividing the power to change the Constitution between the central government and the states.

27. Popular Sovereignty
The amendment process is based on popular sovereignty.
The people elect the representatives who vote to propose or ratify amendments.
Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislators are rarely elected based upon their views on an amendment.
The Supreme Court has ruled that states cannot require a proposed amendment to be approved by popular vote before the state legislature can ratify it.

28. The Bill of Rights
Checkpoint: What is the purpose of the Bill of Rights?
They spell out many basic rights and liberties.
Many people would not support the Constitution until a Bill of Rights was promised.
Checkpoint Answer: The Constitution might never have been ratified without the promise that a bill of rights would be added to the document. Students should also note that the Bill of Rights spells out many of the fundamental liberties that Americans take for granted each day. If it were left solely to the state constitutions to protect these rights, they might not be shared by all American citizens.

29. Proposed Amendments
Most suggested amendments are never proposed by Congress.
Congress has sent only 33 of some 15,000 suggested amendments to the states.
Six proposed amendments were not ratified by the states.
Congress can set a “reasonable” time limit for ratification, usually around seven years.
Failed amendments include one declaring the equal rights of women (ERA) and one banning amendments dealing with slavery.

30. The 27 Amendments
Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems.
The 12th Amendment resolved a problem with the presidential election process.
The 13th Amendment abolished slavery.

31. The 27 Amendments, cont.
The 15th, 19th, and 26th Amendments each extended voting rights to a new segment of society:
African Americans
Women
18-year olds
NOTE TO TEACHERS: The above image depicts Inez Milholland, who fought to amend the Constitution to allow women’s suffrage.
Inez Milholland

32. The 27 Amendments, cont. 1791 - Amendments 1-10 1795 - Amendment 11
Bill of Rights
Amendment 11
States immune from certain lawsuits
Amendment 12
Changes in electoral college procedures
Amendment 13
Abolition of Slavery
Amendment 14
Citizenship, equal protection, and due process
Amendment 15
No denial of vote because of race, color or previous enslavement
NOTE TO TEACHERS: Above image shows a coin that was a symbol of the anti-slavery movement.

33. The 27 Amendments, cont. 1913 - Amendment 16 1913 - Amendment 17
Congress given the power to tax incomes
Amendment 17
Popular election of U.S.
Senators
Amendment 18
Prohibition of alcohol
Amendment 19
Women’s suffrage
Amendment 20
Change of dates for presidential and congressional terms
Amendment 21
Repeal of prohibition (Amendment 18)
NOTE TO TEACHERS: Above image shows the first women to vote in Brooklyn, New York.

34. The 27 Amendments, cont. 1951 - Amendment 22 1961 - Amendment 23
Limit on presidential terms
Amendment 23
District of Columbia allowed to vote in presidential elections
Amendment 24
Ban of tax payment as voter qualification
Amendment 25
Presidential succession, vice presidential vacancy, and presidential disability
Amendment 26
Voting age changed to 18
Amendment 27
Congressional pay

35. Review
Now that you have learned how the Constitution has been amended through the formal amendment process, go back and answer the Chapter Essential Question.
How has the Constitution lasted through changing times?

36. Chapter 3: The Constitution Section 3

37. Objectives
Identify how basic legislation has added to our understanding of the Constitution over time.
Describe the ways in which the executive and judicial branches have interpreted the Constitution.
Analyze the role of party practices and custom in interpreting the Constitution.

38. Key Terms
executive agreement: a pact made by the President directly with the head of a foreign state
treaty: a formal agreement between two or more independent states
electoral college: the body of electors that makes the formal selection of the President

39. Key Terms, cont.
Cabinet: a body made up of the heads of the 15 executive departments that advises the President
senatorial courtesy: the Senate custom of refusing to approve any presidential appointee unless that person has the support of all Senators from the appointee’s home state who belong to the same party as the President

40. Introduction
How have the day-to-day workings of the government affected how we interpret the Constitution?
Congress passes new laws.
Presidents push to expand executive power.
The Supreme Court makes key rulings on constitutional issues.
Political parties influence the governing process.
Customs develop over time.

41. The Role of Congress
Congress has expanded upon basic constitutional provisions.
Congress created much of the specific structure of the federal government.
Congress established the federal court system—the Constitution created only the Supreme Court.
Congress created the many departments and agencies in the executive branch.
Congress has clarified issues such as the succession of the Vice President.

42. Powers of Congress
Congress passes laws that clarify its own constitutional powers.
The Constitution describes some congressional powers in vague terms.
For example, Congress has the power to regulate foreign trade and interstate commerce.
Over the years, Congress has passed thousands of laws that detail just what is meant by words like “regulate,” “trade,” “interstate” and “commerce.” In the process, it has interpreted the meaning of the Constitution.

43. Expanding Executive Power
Presidents have increased their constitutional powers by taking a broad interpretation of such powers.
Often this involves avoiding the need to gain congressional approval.
For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war.
The Senate must approve formal treaties. But Presidents can and do enter into legally binding executive agreements with foreign leaders without asking for Senate approval.

44. Presidential Power
The Constitution grants the President “executive power.”
Most Presidents argue that this power includes the authority to do things not specifically mentioned in the Constitution.
For example, Thomas Jefferson used it as a justification for acquiring new territory for the United States when he purchased the Louisiana Territory in 1803.

45. The State of the Union
While an address to Congress is required by the Constitution, the method of address is left to each President.
Harry Truman’s State of the Union was the first televised address.
Today, the State of the Union is an annual televised address to Congress and all Americans.
NOTE TO TEACHERS: In the image above, Harry Truman delivers the first televised State of the Union.

46. The Courts
The nation’s courts, particularly the Supreme Court, interpret the Constitution on a regular basis.
The power of judicial review gives the Court the power to declare laws unconstitutional.
Declaring that a law is constitutional also involves interpreting the Constitution.
Each type of ruling sets a precedent for interpreting future laws.

47. Political Parties The Constitution does not mention political parties.
Most of the Framers actually opposed parties, fearing they would divide the government.

48. Political Parties, cont.
Yet parties are very influential in our political process.
The daily business and the committee system of Congress are organized around party membership.
NOTE TO TEACHERS: Image above shows a delegate. Delegates play an important role in shaping the U.S. Government.

49. Political Parties, cont.
Checkpoint: How have political parties changed the way we interpret the Constitution?
The Constitution says nothing about the nomination process.
Political parties use state primaries and national conventions to choose candidates.
Parties also influence the selection of electors to the electoral college.
Party membership also influences the President’s decision-making process when choosing political appointees.
Checkpoint Answer: Political parties have shaped the nomination and election of the President in ways never mentioned by the Constitution. They have also influenced the process of appointing public officials, as the President must consider party affiliation when nominating appointees as well as the custom of senatorial courtesy, which is based partly on party affiliations.

50. Customs Unwritten customs can be as influential as written laws.
The President’s Cabinet exists solely as a result of custom rather than any laws.
The custom of senatorial courtesy guides the appointment of public officials.

51. Customs, cont.
Ever since George Washington, Presidents had limited themselves to two terms in office.
After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the 22nd Amendment in 1951.

52. Customs, cont.
Checkpoint: Which customs did the 22nd and 25th Amendments establish as laws?
For years, the Vice President assumed the office of the presidency when the President died.
But this was not a formal law until ratification of the 25th amendment in 1967.
Checkpoint Answer: The two-term limit on Presidents and the official succession of the Vice President to the office of President when the President dies or is otherwise forced to step down.

53. Review
Now that you have learned how the day-to-day working of the government have affected how we interpret the Constitution, go back and answer the Chapter Essential Question.
How has the Constitution lasted through changing times?