The Constitution
Chapter 3
Facts about the Constitution• Written: 1787• Took Effect: 1789• “The Supreme Law of the Land”
– Highest form of law in the United States• Provides the “Framework” of our government• 7,000 words in the Constitution• Articles: the 7 numbered sections of the Constitution
– I: Legislative Branch– II: Executive Branch– III: Judicial Branch– IV: Relations among the States– V: Amending the Constitution– VI: National debts, supremacy of national law, oaths of office– VII: Ratifying the Constitution
• Preamble: introduction to the Constitution• Amendments: the 27 additions to the Constitution
The Basic Principles of the Constitution
• There are six basic principles found in the Constitution.
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
Popular Sovereignty
• In the U.S. the people hold ALL political power.• They are the SOURCE for any and all
government power• The government must have the CONSENT of
the people• The national government draws its power
from the people
Limited Government
• The government is NOT ALL POWERFUL• The government can only do the things that the
people have given it the power to do.• THE GOVERNMENT MUST OBEY THE LAW• Constitutionalism: the government must be
conducted according to constitutional principles• Rule of Law: the Government and its officers are
always subject to the law, NEVER ABOVE IT.
Separation of Powers• The powers of the government are divided
among THREE distinct and independent branches.– Legislative: Congress (lawmaking body)– Executive: President (law executing, law enforcing,
law administrating powers)– Judicial: Supreme Court/Fed. Courts (Interpret and
apply the laws of the United States to cases)
Checks and Balances• The Constitution gives each of the three branches its own field of
authority• The three branches are tied together through the Checks and Balances
system.• Each branch is subject to a system of checks (restraints) by the other
branches.• Examples of Checks and Balances:
– Congress may pass laws…but the President can veto them. – The President can veto laws … but Congress can override the veto with a 2/3
vote. – The President and Congress may agree on a law…. but the Supreme Court can
declare a law unconstitutional. – The President can appoint Judges ….but the Senate must approve them. – Supreme Court judges have life terms…. but they can be impeached.
Checks and Balances
Judicial Review
• Judicial Review: the power of the courts to determine whether what the government does is in accord with what the Constitution allows.– If something the government does goes against
the Constitution, the courts can declare it…• UNCONSTITUTIONAL: to declare illegal, null and void, of
no force and effect
• Marbury vs. Madison: the Supreme Court case that established the practice of judicial review
Federalism
• Federalism: The division of power among a central government and several regional government
• This allows the states to keep some powers.
“A Living Document”
• The Constitution was written over 200 years ago.• The country and people have changed in those 200
years. • The Constitution is, and is not, the same document
it was in 1787.– Some words have been changed, some have been
eliminated, some things have been added• The process of allowing the Constitution to be
changed makes it “a living document”– It can change as the times change
The Formal Amendment Process
• Amendment: changes in the Constitution’s written words• There are four methods by which the Constitution can be
amended.FIRST METHOD SECOND METHOD-Amendment proposed by 2/3 vote in each house of Congress-Ratified by ¾ of State legislatures-26 of 27 amendments have been adopted in this way.
-Amendment may be proposed by Congress-Ratified by ¾ of state conventions (meeting held in each state for purpose of discussing and voting on the proposal)
THIRD METHOD FOURTH METHOD-2/3 of the State legislatures ask Congress for a National Convention-A National Convention is held at the request of Congress-National Convention proposes the amendment-¾ of State legislatures ratify the amendment
-A national convention may propose an amendment-The amendment could then be ratified by ¾ of conventions held in each state.
The Formal Amendment Process
Proposed Amendments• There is only one restriction on possible amendments
– “No state, without its Consent, shall be deprived of its equal Suffrage in the Senate.”
• Nearly 15,000 joint resolutions calling for amendments have been proposed in Congress since 1789.– Only 33 have been sent to the States, 27 have been ratified.
• Proposed Amendments that didn’t make it into the Constitution:– 1810: Amendment would have voided the citizenship of anyone accepting a
foreign title or honor.– 1861: Amendment would have prohibited forever any amendment relating
to slavery– 1924: Amendment that would have given Congress the power to regulate
child labor.– 1972: Amendment would have proclaimed the equal rights of women
The Amendments
• There are 27 Amendments to the Constitution• The first 10 amendments are called the BILL OF
RIGHTS
The Bill of Rights
• Bill of Rights:1. Freedom of Speech, Press, Assembly, Religion, Petition2. Right to bear arms3. Prohibited the quartering of soldiers in citizens homes4. Protection from illegal search and seizure5. Due process rights in court cases, protection from self-incrimination6. Right to a speedy trial7. Right to a civil case in amounts over $208. Protection from cruel and unusual punishment9. Protection of other rights of citizens not mentioned in the
Constitution10. Powers not given to the United States by the Constitution are
reserved to the states and the people
The Amendments
• 11th Amendment: A citizen from one state cannot sue a citizen in another state in federal court.
• 12th Amendment: Presidential electors will vote for President and Vice President on separate ballots.
The Civil War/Reconstruction Amendments
• 13th Amendment: Abolished slavery• 14th Amendment: Provided citizenship rights
to former slaves. Defined “Citizen” as anyone born or naturalized in the United States.
• 15th Amendment: The right to vote cannot be denied because of race, color, or previous condition of servitude
The Amendments
• 16th Amendment: Gives Congress the power to collect income taxes
• 17th Amendment: Senators will be elected by the people of each state
• 18th Amendment: PROHIBITION, the manufacture, sale, and transportation of alcohol is prohibited.
• 19th Amendment: The right to vote cannot be denied because of a person’s sex (Women can vote)
The Amendments
• 20th Amendment: Shortened the period of time between when the elections took place and officials are sworn into office.– Congress: Sworn in January 3, instead of March 4– President: Sworn in January 20 insead of March 4
• 21st Amendment: Repealed prohibition. The sale, manufacture, and transportation of alcohol is legal again.
• 22nd Amendment: Limits the President to 2 terms in office, and no more than 10 years total
The Amendments
• 23rd Amendment: Washington D.C. gets 3 electoral votes
• 24th Amendment: Eliminated the “Poll Tax” • 25th Amendment: Established the process of
Presidential Succession/Disability– If the President dies, the Vice President takes over, etc.– Details what happens if the President is disabled
• 26th Amendment: Reduces the voting age from 21 to 18• 27th Amendment: Congress can increase their salary,
but don’t get it until after the next election.
Other Ways to Change the Constitution
• There are 5 other ways to change the Constitution:– The passage of basic legislation by Congress– Actions taken by the President– Key decision of the Supreme Court– Activities of Political Parties– Custom
Legislation
• Congress has been a part of constitutional change in two ways:– They have passed laws to spell out several brief
provisions• The Framers left it this way so Congress could fill in the
detail.
– Congress has added to the Constitution by the way in which it has used many of its powers• Congress defines terms found in the Constitution by
how they exercise their powers
Actions of the President
• The Constitution says that only Congress can declare war…. But the President is the Commander in Chief of the military.– Some Presidents have used the power to wage war without a
declaration of war from Congress.• Executive Agreement: a pact made by the President directly
with the head of a foreign state.• Treaty: A formal agreement between two or more sovereign
states.• Executive Agreements allow the President to get around the
Constitutional requirement of Senate approval for a treaty.
Supreme Court Decisions
• The Supreme Court interprets and applies the Constitution in the cases they hear.
Political Party Practices
• The Constitution does not provide for the nominations of candidates who run for President. – Political parties hold national conventions to
nominate their parties candidates.• Congress is organized and run on the basis of
party. (Majority/Minority Party)• Appointments are made with politics in mind.– Example: The President is a Democrat, he picks a
Secretary of State who is a Democrat.
Custom
• Some customs in government are just as strong as written law.• The Cabinet (advisors to the President) is not in the
Constitution, it is a custom.• It was custom that the Vice President take over when the
President died, until the 25th Amendment.• Senatorial Courtesy: Custom that the Senate will not approve
a Presidential appointment opposed by a majority party senator from the state in which an appointee will serve.
• NO THIRD TERM: This was a custom established by Washington. No President had served more than two terms until Franklin D. Roosevelt. – 22nd Amendment made the two term limit law.
