Chapter 3The Constitution

Sections 1 and 2The Constitution and

the Three Branches of Government

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The U.S. Constitution

Outlines the U.S. government

Establishes the ruling principles of that government

Contains only 7,000 words

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Parts of the U.S. ConstitutionSection Purpose

Preamble Introduces reasons for creating the document

Article I Outlines the legislative branch

Article II Outlines the executive branch

Article III Outlines the judicial branch

Article IV Discusses relations between the states and between the states and the national government

Article V Describes how to amend the Constitution

Article VI Declares the Constitution to be the supreme law of the land

Article VII Lists requirements for ratifying the Constitution

27 amendments Modify the Constitution

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Basic Principles of the U.S. Constitution

Limited government

Popular sovereignty

Federalism

Separation of powers

Checks and balances

These principles resulted from agreements and debates of the Constitutional Convention, 1787.

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Your Turn

“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them [the people] under absolute Despotism, it is their right, it is

their duty, to throw off such Government.” (Declaration of Independence, 1776)

The above quotation reflects causes that resulted in which of the following principles of government?

a. Judicial review d. Limited governmentb. Federalism e. Checks and balancesc. Separation of powers

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The Three Branches of Government

Legislative branch

• Makes laws

Executive branch

• Executes, or carries out, laws

Judicial branch

• Interprets laws and judges whether they have been broken

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The Legislative Branch

Article I of the Constitution outlines the legislative branch.

The founders considered this the most important branch.

James Madison recommended a republic, or representative, government.

In a republic, laws are made by a body of government called the legislature, not by the people themselves.

Our legislature is bicameral, meaning that it has two chambers.

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Powers of the U.S. Congress

Congress has the power to “make all Laws which shall be necessary and proper for carrying into Execution

the… Powers vested by this Constitution” (U.S. Constitution, Article I, Section 8; also called the

elastic clause ).

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Powers of the U.S. Congress

Well-Known Powers of CongressArticle 1, Section 8

Collect taxes

Regulate commerce

Coin and regulate money

Establish post offices and roads

Declare war

Raise and manage armed services

Make laws

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The Two Chambers ofCongress

House of Representatives Senate

Membership represents population Membership consists of two senators from each state

Members are elected Until 1917, members were appointed by state legislatures

Requirements: 25+ years old, citizen for 7 years

Requirements: 30+ years old, citizen for 9 years

Term: 2 years Term: 6 years

Members are in touch with home districts

Members are older, more established

Actions reflect changing public opinion

Actions reflect stable points of view

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Your Turn

Unicameral = One-house legislature

(Examples: governments of Denmark, Spain, Israel,Syria, and Malta)

What are the benefits and costs of having a unicameral versus a bicameral legislature?

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The Executive Branch

The U.S. president

Suggests, encourages, and vetoes legislation

Is chosen by delegates of an electoral college

Holds a maximum of two 4-year terms

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Executive Branch: Fears of the Founders

Constitutional Convention debate focused on three issues:

Executive as one person versus multiple people

Executive’s ability to seek reelection as many times as desired

Direct election by the people versus indirect appointment by a legislature

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The Executive Branch

Article II of the Constitution describes the executive branch:

Section 1: Qualifications of Office: Must be a natural-born citizen, a resident for 14 years, and 35+ years of age

Section 2: Powers of Chief Executive: Serves as commander-in-chief, can grant pardons and make treaties, and can appoint other U.S. officials

Section 3: State of the Union Address: Can call a special session and execute laws

Section 4: Impeachment: Can be charged with “treason, bribery, or other high crimes or misdemeanors”

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Your Turn

Possible Alternative to the Presidential System: A Parliamentary System

In a parliamentary system:

The leader is a member of the legislature, chosen by the other legislators.

The legislative and executive branches are merged.

How is this system different from the presidential system in the United States?

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The Judicial Branch

The judicial branch

Interprets laws through a court system

Establishes how laws are understood, thereby “making” laws

Is protected from politics

The founders considered the judicial branch the weakest branch.

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The Constitution and the Judicial Branch

The Constitution gives Congress the power to establish the lower courts:

“The judicial power of the United States, shall be vested in one supreme court, and in such inferior

courts as the Congress may from time to time ordain and establish.”

(U.S. Constitution, Article III)

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The Constitution and the Judicial Branch

The Supreme Court has two types of jurisdiction:

• Original jurisdiction: Authority to hear cases directly without a hearing in a lower court

• Appellate jurisdiction: Authority to revise another court’s decision

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Judicial Review Power

The Supreme Court may declare an act of Congress or an order of the executive branch unconstitutional.

In 1803, Marbury v. Madison gave a gigantic grant of power to the courts.

Chief Justice John Marshall

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Your Turn

Possible Alternative to Judicial Review: Legislative Supremacy

One alternative to judicial review is to allow Congress’s laws to stand unchallenged.

How might allowing Congress’s laws to stand unchallenged change the power dynamic between the judicial and legislative branches?