Chapter 3The Constitution

Chapter 3 Section 1

Structure and Principles

The Preamble sets forth the goals of the government.◦ “To form a more perfect Union, establish Justice,

insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty.”

Structure

The seven articles are the main divisions in the body of the Constitution, each article covering a general topic.

The amendments, which provide for changes in the original document, are the third part of the Constitution.

Structure

Articles I, II, and III◦ Create the three branches of government.

Article IV◦ Explains the relationship of the states to one

another and to the national government.

Article V◦ Explains the ways the constitution can be

amended.

The Seven Articles

Article VI◦ Contains the Supremacy Clause, which states that

the constitution and laws and treaties passed by congress “shall be the supreme Law of the Land.”

Article VII◦ Addresses ratification and declares that the

constitution would take effect after it was ratified by nine states.

The Seven Articles

Popular sovereignty is the cornerstone of the Constitution.◦ Popular sovereignty: rule by the people

Federalism is the government’s basic structure.◦ Federalism: a system in which power is divided

between the national and state governments

Major Principles

The Constitution provides for separation of powers among the legislative, executive, and judicial branches.

Checks and balances guarantees that no branch of government will become too powerful.◦ Checks and balances: the system where each

branch of government exercise some control over the others

Major Principles

Judicial review ensures that laws made by congress and the states do not violate individual rights.◦ Judicial review: the power of the Supreme Court to

declare laws and actions of local, state, or national governments unconstitutional

Limited government outlines the right for people to govern themselves.◦ Limited government: a system in which the power

of the government is limited, not absolute

Major Principles

Chapter 3 Section 2

Three Branches of Government

The powers, called enumerated powers, granted to Congress are expressed in Article I, Section 8.◦ Enumerated powers: the expressed powers of

Congress that are itemized and numbered 1-18 in Article I, Section 8 of the Constitution

◦ The final enumerated power is known as the elastic clause which gives Congress the right to make all laws “necessary and proper” to carry out the other powers expressed in the other clauses of Article I.

The Legislative Branch

Congress handles a far greater number of bills today than Congress did early in the nation’s history.◦ In the first Congress, the Senate introduced only

24 bills and the House introduced 143.◦ Today a total of about 10,000 bills are introduced

yearly.

The Legislative Branch

Attendance in legislative sessions was only a part-time job for many years.◦ Congress did not sit in continuous session until

the mid 1900s◦ Today members of Congress live and work nearly

year round in Washington, D.C.

The Legislative Branch

The founders granted the executive broad but vaguely described powers.◦ Not put in office by direct election- voted on by

Electoral College◦ “The executive Power shall be vested in a

President of the United States of America.”

The presidency has changed over the years.◦ Modern presidents handle many duties and their

schedules are timed minute by minute.

The Executive Branch

Article II, Sections 2 and 3 describe the specific powers of the president.◦ Commander in Chief of armed forces◦ Appoints heads of executive departments with

Senate approval◦ May pardon people convicted of federal crimes◦ Makes treaties with the advice and consent of

Senate◦ Appoints ambassadors, federal judges, and other

officials with Senate consent

The Executive Branch

Article II, Sections 2 and 3 describe the specific powers of the president.◦ Delivers an annual State of the Union message to

Congress◦ Calls Congress into special sessions when

necessary◦ Meets with heads of state, ambassadors, and

other foreign officials◦ Commissions all military officers of the United

States◦ Ensures that the laws Congress passes are

“faithfully executed.”

The Executive Branch

The United States has two levels of courts, federal and state.◦ Federal courts powers derive from the

Constitution and federal laws.◦ State courts are the judicial courts of each state

and their powers derive from state constitutions and laws.

The Judicial Branch

Two factors determine jurisdiction, or the authority of courts to rule on certain cases.◦ Subject matter of the case.◦ Parties involved.

The modern federal system dates from 1891.

The Judicial Branch

The Supreme Court exercised important power beginning in 1803 by using judicial review.◦ Marbury v. Madison◦ Chief Justice John Marshall announced that the

Judiciary Act of 1789 gave the court more power than the Constitution allowed.

◦ This made the act unconstitutional and crated judicial review which elevated the importance of the Supreme Court as they now decided what laws were and were not constitutional.

The Judicial Branch

The executive and legislative branches must cooperate to produce effective policies but some conflicts are inevitable.

The expansion of presidential power has caused conflicts between the executive and legislative branches.

Shared Power and Conflict

Congress has the power to limit judicial authority but has been reluctant to use it.

The Supreme Court must depend on the president and the executive branch to carry out its decisions.

Shared Power and Conflict

Chapter 3 Section 3

Amending the Constitution

Article V describes how Congress and the States can change the Constitution.

There are two methods for amending the Constitution.◦ Two-thirds vote of each house of Congress.

Dozens of resolutions asking for constitutional amendments are introduced in Congress each year.

◦ A national convention called by Congress at the request of two-thirds of the states. This method has never been used.

Congress decides how much time the states will have to ratify a proposed amendment.

The Amendment Process

- Changes Through Laws◦ Congress has passed laws that have changed or

clarified many provisions of the Constitution.◦ Congress has greatly expanded the executive

branch by creating the cabinet departments, agencies, boards, and commissions.

◦ Congress has changed the Judicial branch by creating the additional federal courts, establishing new rules of federal court procedure, and provided for court workers.

Informal Changes

Changes Through Practices◦ Congress has shaped the Constitution by using

the powers granted to the Legislative branch.◦ The House my impeach federal officials, including

the president, while it is up to the Senate to determine the accused person’s guilt or innocence. Impeach: to accuse a public official of misconduct in

office

Informal Changes

Presidential Succession◦ After the death of President William Henry

Harrison there was a question about whether the vice president actually became president or merely took the role of acting president until the next election.

◦ Vice president John Tyler took the oath of office and established the precedent of presidential succession.

Informal Presidential Changes

Foreign Affairs◦ In dealing with other nations, presidents use

executive agreements that do not require the approval of Congress. Executive agreement: an agreement made between the

president and a head of state

Domestic Affairs◦ Modern presidents have greatly strengthened the

powers of their office by proposing their own legislative agendas to Congress. Leads to more presidential powers than founding fathers

originally imagined.

Informal Presidential Changes

The Supreme Court uses judicial review to interpret the Constitution.◦ The philosophy of judicial restraint holds that the

Court should uphold acts of Congress unless the acts clearly violate a specific provisions of the Constitution. Judicial restraint: the philosophy that the Supreme

Court should avoid taking the initiative on social and political questions.

Court Decisions

The Supreme Court uses judicial review to interpret the Constitution.◦ Judicial activism holds that the Court should apply

the Constitution to social and political questions. Judicial activism: the philosophy that the Supreme Court

should play an active role in shaping the national policies by addressing social and political issues

The Supreme Court’s rulings can change to reflect the changing condition of the time.◦ Chief Justice John Warren accepted cases involving

many controversial issues, including civil rights.

Court Decisions

The Constitution has been informally enlarged through customs that have developed over time.

Political parties are an example of customs that have informally changed the Constitution.

Changes Through Custom and Usage

Political parties are not mentioned in the Constitution, but play a vital role in today’s government.

The amendments added to the Constitution and the changes achieved through precedent and practice have crated a government that can respond to the conditions and needs of the times.

Changes Through Custom and Usage

Chapter 3 Section 4

The Amendments

Critics attacked the proposed Constitution for not protecting the rights of the people.

Federalists promised to add a list of rights.

The first Congress proposed 12 amendments and sent them to the states for ratification.

The Bill of Rights

In 1791 the states ratified 10 of the amendments which became the Bill of Rights.

These ten amendments originally applied only to the federal government, but through a series of Supreme Court decisions now apply to state governments also.

The Bill of Rights

The First Amendment◦ Protects individuals’ rights to worship, to speak

freely, to assemble, and to petition and criticize government.

◦ Unlike the press in some other countries, the American press is not subject to prior restraint. Prior restraint: government censorship of information

before it is published or broadcast◦ The freedoms of speech and the press are not

unlimited. Slander and libel are prohibited under law.

The Bill of Rights

The Second Amendment◦ Ensures citizens’ right to own firearms.

The Third Amendment◦ Prohibits the government from forcing people to

provide shelter for soldiers in their homes.◦ Intended to prevent the American government

from repeating the actions of the British government during the colonial period and the Revolution.

The Bill of Rights

The Fourth Amendment◦ Protects individuals from unlawful searches and

arrests without court warrants.◦ To be lawful, a search or arrest must be based on

probable cause. Probably cause: a reasonable basis to believe a person

or premises is linked to a crime◦ A search or an arrest also usually requires a search

warrant or an arrest warrant. Search warrant: an order signed by a judge describing a

specific place to ne searched for specific items Arrest warrant: an order signed by a judge naming the

individual to be arrested for a specific crime

The Bill of Rights

The Fifth Amendment◦ Protects people charged with a crime.◦ A grand jury must indict them before trial.◦ No one found innocent can be retried for the same

crime◦ People cannot be forced to testify against themselves.◦ No one can be deprived of life, liberty, or property

without due process of law.◦ Defines the governments rights of eminent domain.

Eminent domain: the power of government to take private property for public use

The government must pay a fair price for the land that they purchase.

The Bill of Rights

The Sixth Amendment◦ Guarantees accused persons the right to know

the charges against them, a defense attorney, a speedy jury trial, and the right to question all witnesses and compel them to testify.

The Seventh Amendment◦ Provides individuals the right to a trial by jury to

settle property disputes, though a judge my try the case if both parties agree.

The Bill of Rights

The Eighth Amendment◦ Prohibits excessive bail and fines and bars cruel and

unusual punishment.◦ Has been used to limit the use of the death penalty in

some cases.

The Ninth Amendment◦ States that all powers not spelled out in the Constitution

are retained by the people.

The Tenth Amendment◦ All powers not given to the national government or denied

to the states belong to the states or the people.

The Bill of Rights

The 11th Amendment prohibits a state from being sued in federal court.

The 12th Amendment states that the Electoral College shall cast separate ballots for president and vice president.

The 13th, 14th, and 15th Amendments are known as the Civil War Amendments.

The 13th Amendment outlaws slavery.

Other Amendments

The 14th Amendment originally was intended to protect the legal rights of the freed slaves and their decedents.◦ Today, it protects the rights of citizenship in

general by prohibiting a state from depriving any person of life, liberty, or property without “due process of law.”

Other Amendments

15th Amendment outlawed slavery, prohibited depriving anyone of life, liberty, or property without “due process,” and prohibited denying the right to vote based on race.

Other Amendments

The later Amendments, 16-27, deal with a variety of topics reflecting changes in modern times.

Highlights of later amendments:◦ 17th Amendment states that the people instead of the

legislature elect US senators.◦ 18th Amendment prohibits the manufacture, sale, or

transport of alcoholic beverages.◦ 19th Amendment guaranteed women the right to vote.◦ 21st Amendment repeals the 18th Amendment.◦ 22nd Amendment limits the president to a maximum of

two terms in office.◦ 26th Amendment lowers the voting age to 18.

Later Amendments