Ch. 3 The Constitution

The Constitution

1) the judicial branch

2) the president

3) the legislative branch

Outline of the Constitution Sets out basic principles upon which govt.

in the United States was built and operates. Broken down into the Preamble and

articles. 27 Amendments

Articles First three deal with

the branches of govt. They outline basic organization and powers of each branch.

Articles Four deals with the place of states within

the Union. Five explains how formal amendments may

be added. Six declares that the Constitution is the

Supreme law of the land. Seven deals with ratification of the

document.

Basic Principles Popular Sovereignty Limited Govt. Separation of Powers Checks and balances Judicial Review Federalism

Popular Sovereignty

Political power resides with the people. They are the only source for any and all governmental power.

Limited Govt.

No govt. is all powerful. It may do only those things that people have given it authority to do.

Govt. must obey the law. Govt. and its officers are

always subject to and never above the law.

Separation of Powers

Powers are distributed among the branches so no one single entity has too much power.

Checks and Balances

Three branches depend on one another.

Each branch is subject to a number of restraints.

Balances out the power of govt. among the branches.

Judicial Review

Power for the courts to determine whether or not the govt. acts in a Constitutional manner.

Established by the landmark case of Marbury v. Madison

Federalism

Powers are distributed on a territorial basis.

There are two major components: Central govt. and regional govts.

Amendments Our Constitution has changed from its

original documentation in 1787. These changes are known as amendments. Happens in two basic ways

Formal Amendment By informal means

Formal Amendment Processes

Formal Amendments 4 methods of formal amendment as set

forth by Article V. First Method- may be proposed by 2/3 vote

in each house of Congress. Second Method- proposed by Congress

and ratified by conventions in ¾ of the states.

Third Method- Proposed by National convention, called by Congress at the request of 2/3 of the State legislatures.

Fourth Method- Proposed by National convention and ratified by conventions in ¾ of the States.

Amendment Process More than 10,000 joint resolutions calling

for amendments since 1789. 33 have been sent to the States. Only 27

have been ratified.

The first 10 are known as the Bill of Rights.

Informal Process• 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.

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.

(5) custom.

Basic Legislation Congress has been crucial to constitutional

change in two major ways. Passed a number of laws to spell out several of

the Constitution’s brief provisions. Has added to the Constitution by the way in

which it has used many of its powers.

Executive Action Presidents have use

the military abroad in combat without a Congressional declaration of war.

Presidents make treaties and executive agreements with other heads of state.

Court Decision Party Practices Interpret and apply the

Constitution through the exercising of judicial review.

Neither the Constitution nor any law provides for the nomination of candidates for the presidency.

Custom By custom, the heads of the 15 executive

depts. make up the Cabinet. Lines of succession are established by

custom and this forces changes in policy. Presidential terms have forced changes.

Bill of Rights Civil War 20th Century

Categorize the 27 Amendments by the type and term that they cover in the Constitution.