1. Presentation Pro Chapter Three: The Constitution Chapter Three: The Constitution Mr. Cargile Mission Hills High School, San Marcos CA

2. Presentation Pro The “Virtuous Republic” Classical view of a model republic “City on a hill” [John Winthrop] Ideal citizen [Cincinnatus] GGovt. gets its authority from the citizens. A selfless, educated citizenry. EElections should be frequent. GGovt. should guarantee individual rights & freedoms. GGovt.’s power should be limited [checks & balances]. TThe need for a written Constitution. “E Pluribus Unum.” [“Out of many, one”] AAn important role for women  raise good, virtuous citizens. [“Republican Womanhood”]. Enlightenment Thinking

3. 123 Go To Section: The Constitution C H A P T E R 3 The Constitution SECTION 1 The Six Basic Principles SECTION 2 Formal Amendment SECTION 3 Informal Amendment Chapter 3 2222 3333 1111

4. 123 Go To Section: Chapter 3, Section 1 The Six Basic Principles S E C T I O N 1 The Six Basic Principles What are the important elements of the Constitution? What are the six basic principles of the Constitution? 2222 3333

5. 123 Go To Section: notes1 1.At a glance Written in 3 months---7,000 words 7 Articles---27 Amendments Supreme law of the land created political partiesConflicts over ratification = created political parties Used as a model by other countries 2. Six Constitutional Principles Popular Sovereignty power of govt. comes from consent of the governed Limited Government Constitutionalism govt. follows certain constitutional principles. Rule of lawRule of law government leaders are not above the law Protects individualsProtects individuals from governmental abuse Social Contract Theory Declaration of Independence Preamble Government must obey the law “The law is king”

6. 123 Go To Section: Separation of Powers Legislative Branch—Article 1 Executive Branch---Article 2 Judicial Branch---Article 3 Checks and Balances Restraints placed on each branch of government Judicial Review Power of courts to declare an act of Congress or President unconstitutional. Marbury vs. Madison---1803 Federalism Compromise between the national govt. and states 3. Formal Amendment Process---Article 5 Amendment: addition to or amending the Constitution 27 Amendments: 1791 to 1992 Ratify: to approve or accept notes2 Separate the powers of the National Government into 3 branches 1 branch does not get too powerful. Each branch has own powers Co-equal

7. 123 Go To Section: Proposed by 2/3’s of each house of Congress National Convention called by Congress with the request of 2/3’s of state legislatures Ratified by ¾’s of the state legislatures Conventions in ¾’s of the states Process emphasizes true democracy Constitutional principles Federalism Popular sovereignty limited government Congress sets a 7 yr. deadline States may reject it or ratify it….. notes2

8. 123 Go To Section: Articles of the Constitution Chapter 3, Section 1 2222 3333

9. 123 Go To Section: Three of the Basic Principles Chapter 3, Section 1 2222 3333 popular sovereigntyThe principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed. limited governmentThe principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away. Separation of powersSeparation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.

10. 123 Go To Section: More of the Basic Principles Checks and balances Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. judicial review The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action. Federalism Federalism is a system of government in which the powers of government are divided between a central government and several local governments. Chapter 3, Section 1 2222 3333

11. 123 Go To Section: Section 1 Review 1. Article II of the Constitution establishes the powers of the (a) executive branch. (b) legislative branch. (c) States. (d) judicial branch. 2. The principle of popular sovereignty asserts that the (a) government should be divided into three branches. (b) monarch is the supreme ruler. (c) means of production should be owned by the proletariat. (d) people are the source of any and all government power. Chapter 3, Section 1 2222 3333

12. 123 Go To Section: Formal Amendment S E C T I O N 2 Formal Amendment What are the different ways to formally amend, or change the wording of, the Constitution? How many times has the Constitution been amended? What is the Bill of Rights? Chapter 3, Section 2 3333 1111

13. 123 Go To Section: Amending the Constitution amendment The Constitution provides for its own amendment—that is, for changes in its written words. formal amendment. Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment. Chapter 3, Section 2 3333 1111

14. 123 Go To Section: Chapter 3, Section 2 3333 1111 Formal Amendment Process The four different ways by which amendments may be added to the Constitution are shown here:

15. 123 Go To Section: Amendments to the Constitution Bill of Rights Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms. Chapter 3, Section 2 3333 1111

16. 123 Go To Section: Section 2 Review proposed 1. For an amendment to be proposed for the Constitution, it must receive a____ vote from both houses of Congress: (a) 1/2 (b) 2/3 (c) 3/4 (d) Majority ratified 2. For an amendment to be ratified for the Constitution, it must receive a____ vote from the states. (a) 1/2 (b) 2/3 (c) 3/4 (d) Majority Chapter 3, Section 2 3333 1111

17. 123 Go To Section: Chapter 3, Section 3 Informal Amendment S E C T I O N 3 Informal Amendment How has basic legislation changed the Constitution over time? What powers do the executive branch and the courts have to amend the Constitution? What role do party politics and custom have in shaping the Federal Government? 2222 1111

18. 123 Go To Section: Informal Amendment Processes The informal amendment process can take place by: (1) the passage of basic legislation by Congress; (2) actions taken by the President; (3) key decisions of the Supreme Court; (4) the activities of political parties; and (5) custom. Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. Chapter 3, Section 3 2222 1111

19. 123 Go To Section: Executive Action and Court Decisions Chapter 3, Section 3 2222 1111 Executive Action Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. executive agreement An executive agreement is a pact made by the President directly with the head of a foreign state. Court Decisions The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

20. 123 Go To Section: Section 3 Review 1. An informal amendment can be established by (a) actions taken by the President. (b) custom. (c) key decisions of the Supreme Court. (d) all of the above. 2. An executive agreement is (a) a promise from the President to the legislature. (b) a pact made by the President directly with the head of a foreign state. (c) a decision made by the President and his cabinet members. (d) the contract the President signs when he accepts the office. Chapter 3, Section 3 2222 1111