Chapter 3The

Constitution

An Outline

• Endured for 200 years because it deals with basic principles – not details and it has built-in provisions for accommodating change

• Starts with Preamble – Introduction

•Articles – seven•I. Legislative branch•II. Executive branch•III. Judicial branch

Amendments

• Amendments – 27

•Bill of Rights – 1st 10 – FIRST place where basic rights are mentioned –

•Added after the Constitution was ratified – help get it passed

The 6 Basic Principles

• This is the basis for all political and personal beliefs which we now take for granted.

Popular sovereignty

• 1. Popular Sovereignty all political power resides with the people :

•We the People!

Limited government

• 2. Limited Government : government may only do those things the people have given it the power to do:

•Rule of law; a nation run by laws, not by people.

Separation of Powers•3. Seperation

of Powers : powers distributed between executive, legislative, judicial branches

Judicial Review

•4. Judicial Review : Courts have power to check that government actions are constitutional.

Checks and Balances

• 5. Checks and Balances : each branch has certain powers that it can use to check the operations of the other two.

a. Congressb. Judicialc. Executive

See page 68

Federalism

•6. Federalism – some power held by National Gov’t (Washington D.C.) and others belong to the 50 states.

Federalism

Formal Amendment Process

• Amendment – change Constitution

• Most common method:•Proposed by Congress by 2/3 votes in

both houses•Ratified by the State legislatures of ¾

of the States

• Draw chart – page 73 top 2 boxes

Important Amendments

• Bill of Rights – 1st 10 Amendments • 13th – abolish slavery• 18th – prohibited sale / use of alcohol • 19th – gave women right to vote• 21st – repealed 18th

• 26th – lowered voting age to 18• 27th – forbids Congress from raising pay

during that term – ratified 203 years after proposed

Informal Amendment

• Results from daily experiences

• Doesn’t involve changes in written words

• Tradition and accepted habits

• 1. Basic Legislation – spells out general Constitutional principles

• Way powers are used

President• 2. Executive Action – way President uses powers

• Executive agreement – deal made with head of a foreign state – carries the same force of law as treaty

Judicial

•3. Court decisions – Supreme Court interprets Constitution – ie: abortion (Roe vs. Wade)

• 4. Political party practices – made electoral college (group that makes formal selection of President) into rubber stamp for each State’s popular vote in presidential elections

• 5. Custom –unwritten traditions – Cabinet (14 department heads advise President)