Chapter 3 Content Statement

Content Statement 5

5. As the supreme law of the land, the U.S. Constitution

incorporates basic principles that help define the

government of the United States as a federal republic

including its structure, powers and relationship with the

governed.

Expectations for Learning

Explain in context one of the basic principles which help define the

government of the United States.

Section 1 at a Glance

A Blueprint for Government

• The Constitution establishes six goals for the U.S. government to

meet.

• The Constitution outlines six basic principles of U.S. government and

a system that safely and fairly distributes and balances power.

• Under the Constitution, the powers of government are limited in order

to protect individual rights.

• The Constitution divides the powers of government among three

separate branches: legislative, executive, and judicial.

• The Constitution includes checks on and balances of government

power to prevent any one branch of government from overpowering

the others.

Reading Focus

• What are the six goals of the Constitution?

• What are the six principles of government in the Constitution?

• What is popular sovereignty?

• What is limited government?

Main Idea

Drawing lessons from history, the Framers wrote a constitution

that divided, limited, and balanced power among three branches

of government.

A Blueprint for Government

Reading Focus (cont’d)

• How does the Constitution create a separation of the powers of

government?

• How does the system of checks and balances limit the powers

of government?

• Why is the principle of judicial review so powerful?

• Why is the principle of federation still a topic of debate?

A Blueprint for Government

Checks and Balances

Chapter 3-1 vocab p. 68

• Popular sovereignty

• Limited government

• Rule of law

• Separation of powers

• Checks and balances

• Veto

• Judicial review

• Unconstitutional

• Federalism

• Supremacy clause

Chapter 3-1 vocab p. 68• Popular sovereignty: the idea that government is created by and subject to the will of the

people.

• Limited government: the principle that the powers and function of government are restricted by

the U.S. Constitution and other laws.

• Rule of law: principle that every member of a society, including the ruler or government, must

follow the law.

• Separation of powers: division of government powers among the executive, legislative, and

judicial branches.

• Checks and balances: a system in which each branch of government is able to limit the power

of the other branches.

• Veto: a refusal by the president or a governor to sign a bill.

• Judicial review: the power of the judicial branch to check the power of the legislative and

executive branches by declaring their acts unconstitutional.

• Unconstitutional: a law or government action that is found to violate any part of the

Constitution; an unconstitutional law or act is deemed illegal and cannot be enforced or carried

out by the government.

• Federalism: the form of political organization in which power is divided among a central

government and territorial subdivisions; in the United States, among the national, state, and local

governments.

• Supremacy clause: a clause of the U.S. Constitution that declares the Constitution “the

supreme law of the land.”

The Framers stated six goals in the Preamble:

form a more perfect union; establish justice;

ensure domestic tranquility; provide for the common defense; promote

the general welfare; and secure the blessings of liberty

• Raise an army

• Pay its bills

• Conduct relations with foreign

countries

Government tasks

1.Goals of the Constitution

• Some Framers with strong

reservations

• Some completely opposed

• Worried about strong national

government

• Federalist vs. Antifederalist debates.

Concerns

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69

The Framers were concerned with government suppressing the

liberty of its citizens.

• Framers fought American Revolution

to stop British government from

infringing on natural rights

• Were students of political philosophy

and history

• Achievements and failures of past

governments well-known

British legacy

• Greek city-states

• Roman Empire

• European monarchies

• Constitution of the Iroquois League

• Decisions with long-lasting

consequences—no repeat of past

mistakes

Examples

2. Governing after a Revolution

Government obliged “to control itself”

• Locke, “where there is no law, there is no freedom”

• Laws help maintain order, protect rights, property, and lives

• Laws must be enforceable, with explicit threat of punishment

• Power to make laws and punish lawbreakers

• Must keep government in check

Dilemma of democratic government

• Allowing people substantial freedom

• Controlling worst aspects of human behavior

• Author of Federalist Paper No. 51 describes dilemma• Page 69, author probably James Madison: “If men were angels, no government would be necessary. If angels were to govern

men, neither external nor internal controls of government would be necessary. In framing a government which is to be

administered by men over men, the great difficulty lies in this: you must first enable government to control the governed; and in

the next instance oblige it to control itself.”

• System of law essential

3. Addressing the Problem of Governing

Framers’ solution

• Create governing document

• Divide, distribute, and balance

governmental power

Bill of Rights

• Final check on power

• Inclusion of Bill of Rights in

1791

Uses of power

• Government power subject to

will of the people

• Power as voters

Restraints

• Placed specific restraints on

power of government

• Cannot violate basic rights of

citizens

4. Principles of Government in the Constitution

4,500 words

• Constitution blended ideas from the past

with uniquely American principles of

governing

• Three main parts

• Preamble—states broad goals

• The seven articles—create structure of

the U.S. government

• The amendments—27 changes added

during the nation’s history

6. Basic principles

• Structure and language expresses six

basic principles. Chart page 70.

Popular sovereignty

Limited government

Separation of powers

Checks and balances

Judicial review

Federalism

5. The Constitution is the Blueprint

Framers believed if federal government reflected and remained true to basic

principles, goals of U.S. Constitution could be accomplished.

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70

• Government gets its authority from the people

• Ultimate political power remains with the people

• Preamble to Constitution: “We the People of the United States…do

ordain and establish this Constitution for the United States of America.”

• Creating a republic established the people’s authority

– Citizens did not have unlimited power

– Not a direct democracy

– Placed constitutional limits on popular sovereignty

• James Madison felt republic best way to guard against the dangers of

factions

– Defined as number of citizens united by common interest

– Could be minority or majority

– Might act in a way that hurt the rights of other citizens or the interests of the

nation

• Since factions certain to exist, must limit their effects

7. Popular Sovereignty

7. Popular sovereignty at heart of government

• Each election is chance for citizens to exercise sovereignty

• Elected leaders work for you; can vote to “fire” elected officials

when you step into voting booth

• Important power—important responsibility

• Citizens have obligation to vote wisely; choose leaders after

thoughtful deliberation

7. Republican form of government

• Elected leaders represent broad and diverse group of citizens

with competing interests

• Tend toward factions with broad interests

• Not narrowly partisan ones

Opposition to control

• Most Americans opposed too much

government control of business or

private activities

• Framers felt limited government

promoted goals, protected individual

rights

Part of Constitution

• Principle of limited government

spread throughout

• List of powers extensive (Article I

Sec 8) declare war, raise army, but

powers not listed are excluded

• Powers are explicitly denied (nobility,

ex post facto)

• Bill of Rights a safeguard

Definition

• Principle that powers and functions

of government are restricted

• Also know as rule of law—concept

that every member of society must

obey the law; is never above it

Vigorous civil society

• Works to constrain government

power; part of political process,

helping educate and inform the

citizenry

• Holds government accountable

when it fails or exceeds power

8. Limited Government

Three distinct branches

• Created to ensure powers of

government not concentrated in hands

of a few officials or agencies

• Principle of separation of powers

governing duties divided among three

branches

Article II

• Establishes duties of the executive

branch; the president, the vice-

president, and the many executive

departments

• Carries out laws passed by legislative

branch

Article I

• Creates and empowers Congress, the

lawmaking body of the nation

• House of Representatives and Senate;

each with special powers

• House has “power of the purse”

Article III

• Establishes the judicial branch, including

the Supreme Court. Interprets laws.

• Exercises the judicial power of the United

States; interprets and applies the law

9. Separation of Powers

Page 72: Know jobs of

branches and checks

on other branches.

• Each branch with own area of governmental responsibilities

• Not completely separate from each other

• Designed so none can dominate; no branch can control

• “Common good” maintained—policies and actions that benefit all of society,

such as health, safety, and defense programs

• Checks and balances—each branch of

government has the power to change or

cancel acts of another branch

• System prevents exertion of too much

power

System established

• Congress checks executive by

controlling taxes and spending. House

must approve first then Senate.

• Senate can reject nominations; approve

treaties

• Congress given power to declare war;

limits president’s power

• Vietnam War??

Balance

10. Checks and Balances

Primary Source Cartoon

Executive branch

• Power to veto, or reject, legislation

• Threat of veto sometimes sufficient to

push revision of legislation so it has

better chance of getting signed

• President can exercise veto power

Unconstitutional

• Judicial branch can declare acts

unconstitutional—the power of judicial

review

• Federal judges given lifetime terms;

insulated from undue political influence

Veto limited

• Congress can override veto with two-

thirds majority of both houses

• If Congress can muster enough votes,

the bill passes

Judicial review balanced

• President has power to make federal

judicial nominations

• Congress has power to approve all

federal judicial nominations

10. Other branches have checks

• Famous example of annoyance at Supreme Court in 1930s

– President Franklin Roosevelt convinced Congress to pass measures to combat

the Great Depression

– Court declared some measures to be unconstitutional

• Roosevelt responded by introducing legislation to reorganize the

federal judiciary

– Wanted to increase the size of the Court by adding new justices

– Result would be larger Supreme Court with favorable majority

• Critics claimed Roosevelt trying to change balance of power with

“court-packing” plan; Senate passed a watered-down plan

– Plan never implemented

– In second term, Roosevelt able to replace five of the Supreme Court justices;

gained a sympathetic majority which upheld New Deal programs, including Social

Security

10. Presidential frustrations

Judicial review not mentioned in Constitution

• Writers of Federalist Papers made it clear courts were to have such power; an

independent judiciary would serve as precaution against one branch

becoming predominant over the others

• In 1803 the Supreme Court established the principle of judicial review with the

landmark case Marbury v. Madison

Deciding constitutionality

• Courts exercise judicial review—power to determine whether actions of

legislative and judicial branch are constitutional

• Any law or government action (federal or state) found to violate a part of the

Constitution is said to be unconstitutional; act deemed illegal and cannot

be enforced or carried out by the government

11. Judicial Review

12.Landmark Supreme Court Cases

Marbury v. Madison (1803)

Background: Marbury appointed to government by

position by John Adams as he left office. 17

commissions had not been delivered prior to Adams

leaving office, including Marbury’s. Needed

commissions to take office. Jefferson instructs Madison

to not deliver commission. Marbury sues Madison for

non delivery and says he is entitled to that position

Results: Court says Marbury has right to commission.

However, they state the Judiciary Act of 1789, which

gave the court the right to rule on writs of mandamus

was unconstitutional. Marbury’s petition was denied.

What Do YOU think? Should president have same

power?

• The powers of government are distributed between the national government

and state governments—federalism

• Framers struggled to find acceptable distribution of powers with the rights of

states and sufficient national government strength

• Two clauses spell this out, Article I, Section 8 Necessary and Proper Clause:

“make all laws…necessary and proper for carrying into Execution the

foregoing Powers” and Article VI, Supremacy Clause.

• Advocates for states rights found clauses

troubling—where was limit to federal

power

• Amendment X addresses issue: reserved

powers.

• Powers not delegated are reserved to the

states respectively, or to the people

Supremacy clause

• Language allows for strong federal

government but guarantees states

retain powers and rights

• Strong federal authority for national

defense, disaster response, and

highway construction accepted;

disagreement with other issues

Flexibility

13)Federalism

14. Debating the Issue: The Constitution and Privacy

Does the Constitution protect your right of privacy?

The Constitution does not explicitly mention such a right, but many

people argue that the Constitution and Bill of Rights, when read as a

whole, protect an implied right of privacy.

This approach to constitutional interpretation is sometimes called “loose

construction.”

Other people, calling for “strict construction,” argue that the Constitution

should be read literally: The words on the page mean exactly—and

only—what they say. When the Constitution is read strictly, people

argue, it is improper to protect a broad right to privacy.

Read Loose Construction p. 77 and answer #1.

#2: Should Constitution be interpreted more literally or broadly?