Bell Work:

What does limited government mean to you?

3.1

The Six Basic Principles:

The Constitution:Fairly brief document.

- (Only about 7,000 words)Has successfully guided this nation through

200 years of growth and change- Oldest working Constitution

Based mainly on basic principles, unlike many heavily detailed Constitutions of other nations.

(ex): Cuba = 15 Chapters, 137 articles

Sets out the basic principles upon which the U.S. government was built and operates today.

1. Lays out the basic framework and procedures of our government.

- branches of government- presidential succession

2. Sets the limits on how the government can conduct itself.

(ex) – can’t deny a person the right to vote.

Six Basic Principles:1. Popular Sovereignty2. Limited Government3. Separation of Powers4. Checks and Balances5. Judicial Review6. Federalism

Popular Sovereignty:Idea that the government draws its power

from the people, and can only exist with the consent of the people.

This principle is woven throughout the constitution. (Preamble)

Found at all levels of government.

Limited Government:Government is not all-powerful.

- the people are the only source of any and all of the government’s authority.- Government must obey the law (constitution).

1.Constitutionalism: Government must be conducted according to constitutional principles

2. Rule of Law: The government and its officers are always subject to – never above – the law.

Separation of Powers:Recall the 3 powers that all governments

have.1.2.3.

In a Presidential form of government, these three basic powers are distributed, and separated among 3 branches of government.

Checks and Balances:Checks and Balances: Each branch is

subject to a number of constitutional checks by the other branches.- ex: legislative branch has the power to make a law, but the president (Executive Branch) has the power to veto, or reject it.

Why would giving judicial power to the legislative or executive branch be a bad idea?

Judicial Review:Judicial Review is the power of the courts

to determine whether an act by the government is constitutional or legal.

If the courts determine that an act is unconstitutional, then it is considered illegal and becomes null and void. - (ex:) Supreme court is going to reviewed the constitutionality of Obama care.

Federalism:Simply put, power is shared between the

central and state governments.(ex): - power to tax (both)

- make war (federal) - issue drivers license (state)

Why do you think this idea was important to the framers?

Bell Work:

What is a formal amendment?

3.3

Constitutional Change by Other Means:

Introduction:Last section, you learned about how the Constitution

can be changed through formal amendments.Today we will learn the second way in which the

Constitution can be changed, often referred to as, informal amendments.

Lesson Objectives:1. Identify how basic legislation has changed the

Constitution.2. Describe ways in which executive or judicial action

has changed the Constitution.3. Analyze the role of party practices and customs in

shaping the constitution.

Constitutional Change by Other Means:

Refers to the process by which many changes have been made in the Constitution, which have not involved any changes to its written words.

- result of day-to-day/year-to-year experiences of the government.

- occur much more quickly than formal amendments.

5 Basic Ways:1. Basic Legislation2. Executive (Presidential) Action3. Court Decisions4. Party Practices5. Customs

Basic Legislation:Congress has been a major agent of

constitutional change in two important ways.

1. passed laws to spell out provisions of the Constitution.

-ex: Article 3 calls for one supreme court, and such inferior courts as the congress may establish.

2. Congressional Powers- ex: Constitution gives congress the

power to regulate trade, but what does that mean?

Executive Action:The manner in which various Presidents

have used their power, has contributed to the growth of the Constitution.- According to the Constitution, only congress can declare war.- However, the President is commander in chief of the nation’s armed forces, and have made war under that authority.

Court Decisions: As the supreme court rules and interprets

the Constitution, it helps to better define the Constitution.

Party Practices:The nation’s political parties have also

been a major source of constitutional change.

Neither the Constitution, or any law provides for the nomination of candidates for president.- yet, from 1830 the major parties have held national conventions to do just that.- Congress is organized and conducts much of its business on the basis of party lines.

The U.S. is in many ways government through party.

Customs:Unwritten Customs may be as strong as

written law, and many customs have developed in our governmental system.

Some examples:- Cabinet: advisory to the President- Presidential Succession-Presidential terms: 2 terms (8 years)