The Constitution

Chapter 3

Outline of Constitution Framework and procedures Limits and conduct Preamble- short introduction Articles- Sections (7)

Section 1The Six Basic Principles

Popular Sovereignty People = the only source for any and all

governmental power “We the People…do ordain and establish this

constitution

The Basic Principles

Limited Government Gov’t may only do those things that people

give them power to do Gov’t must obey the law

Constitutionalism – Gov’t must be conducted according to constitutional principles

Constitution clearly states what gov’t can and can’t do, guarantees certain personal freedoms

The Basic Principles

Separation of Powers Powers are distributed among distinct and

independent branches (Presidential system) Article I – Legislative Article II – Executive Article III - Judicial

The Basic Principles

Checks and Balances 3 branches are separate but tied together Each branch is subject to restraints by the

other branches President can veto or reject Congress approves appointments and treaties

The Basic Principles

Judicial Review Courts determine whether government action

is within the constitutional law May declare an action unconstitutional- illegal or

null and void Established in Marbury vs. Madison

The Basic Principles

Division of power among a central gov’t and regional governments

How to keep states’ rights and strengthen the federal gov’t?

Federalism

The Constitution has been changed many times Formal Amendment Informal Amendment

Section 2Formal Amendment

Amendment – to change: Changing the written words of the Const.

Art. V sets out 2 ways to propose and ratify amendments

4 possible methods of Formal Amendment

Formal Amendment Process

2/3 vote in each house of Congress Ratified by ¾ of State Legislatures

38 of the State Leg. need to approve today 26 of the 27 amendments were proposed this

way

1st Method

Proposed by Congress Ratified by Conventions in ¾ of the states

Conventions more likely to represent the peoples’ opinion

Used for the 21st Amendment

2nd Method

Proposed by a national convention called by Congress at request of 2/3 of State Legislatures

Ratified by ¾ of State Legislatures Never been done this way

3rd Method

Proposed by national convention Ratified by ¾ of States

Constitution was adopted this way

4th Method

Federalism and Popular Sovereignty

People have the power to ratify amendments State Legislators are elected by the people

May have party interests, name recognition, etc. Convention representatives chosen by the

people

Amendment proposals do not have to go to president

If not ratified, there is a time limit set on how long it can stay proposed.

More than 10,000 resolutions since 1789 33 have made it to the states

Proposed Amendments

Bill of Rights 1st ten Amendments added within 3 years of

Const. being ratified Proposed by 1st Congress Deal with freedom and security of the people

27 Amendments

Process by which over time many changes have been made that did not involve changes to the written works Passage of legislation Actions taken by the President Key decisions of the Supreme Court Activities of political parties custom

Section 3Informal Amendment

Laws that spell out the brief provisions Judicial branch Cabinet

The way Congress uses its powers Foreign and Interstate commerce

Basic Legislation

How the president uses their power Using the Army without declaring war Executive agreement vs treaty

Executive Action

Interprets the Constitution Can change over time

Court Decisions

Political Parties are not mentioned in the Const.

Presidential nominations? Presidential appointments?

Party Practices

Cabinet Line of succession “no 3rd term”

Custom