NotesCh. 3 – The Constitution

Section 1

We The PeopleChosen to show how the U.S. is ran by popular sovereignty, or ran by the people.

We the People… do ordain and establish the Constitution…

The Constitution’s six goals are outlined in the Preamble.

Six GoalsForm a more perfect Union – More united than under the Articles.Establish Justice – Make laws and establish a fair system of courts.Insure domestic tranquility – Preserve peace within the country.Provide common defense – Protect country from its enemies.Promote the general welfare – Provide for the well-being of all people.Secure the blessings of Liberty – Protect the freedom of ALL people.

Popular SovereigntyThe following principles help to ensure Popular Sovereignty.

1. Limited Government – Government has restrictions.2. Majority Rule/Minority Rights – Largest percent of population win, rights of small percentage not violated3. Powers of the People – The Bill of Rights was added in 1791. Lists and Guarantees our rights.

Federal and State

Balance of power between Fed. and State1. Delegated powers – powers given to federal government by Constitution.2. Reserved powers – powers for the people or states.3. Shared powers – Laws shared by both state and federal.

Venn DiagramFederal State

Shared

Ch. 3 – The Constitution

Section 2

Notes

Separation of Powers

All government power in the same hands is “the very definition of tyranny” – James MadisonPowers separated to prevent tyranny or absolute power.3 parts of power – Make laws, enforce laws, interpret laws

Legislative Branch

Makes laws and controls the national money.First Tasks in 1789: set up financial system, wrote Bill of Rights, chose D.C. as U.S. capital, and cleared the debts from Revolutionary War.

Executive Branch

President is head of Executive Branch.Responsible for carrying out the laws.President, VP, and 15 executive departments, such as: Department of Treasury, Dept. of State, Dept. of Homeland Security.

Judicial BranchInterprets the laws established by legislation and sets punishment for those who break the laws.Supreme Court is head of the judicial branch.Sets limits of judicial power and appoints judges. Does NOT set up “lower” courts, Congress does.

Checks and BalancesBalance the power of each branch by giving powers that limit or check the powers of the other two branches.Ensures that no branch of government becomes too powerful.Each branch of government has at least one method of “checking” the other two branches.

Legislative Branch can Check:The Executive Branch in the following ways: Impeach and remove the president, Override a Veto with a 2/3rds

vote.

The Judicial Branch in the following ways: Impeach and remove federal judges, Establish lower courts.

Executive Branch can Check:

The Legislative Branch in the following ways: Veto acts of Congress, call sessions of Congress.

The Judicial Branch in the following ways: Appoints all Federal judges, grant reprieves and pardons for federal crimes.

Judicial Branch can Check:

The Legislative Branch in the following ways: Judicial Review – Declare acts of Congress Unconstitutional.

The Executive Branch in the following ways: Declaring acts unconstitutional, Supreme Court judges are free from executive control, appointed for life.

Notes

Ch. 3 The Constitution

Section 3

Constitution and ChangeThe framers wrote the constitution to be adaptable to situations they could never have imagined and to be changed to meet our needs.Delegates pulled from many past influences to create the document that has endured 220 years.

Amendment - Formal process to change the Constitution, a written change. An amendment may be proposed in 2 ways: 2/3rds of both houses of Congress, or 2/3rds of the states.After proposed, an amendment must be ratified in the state legislature where it has to be ratified by 3/4s of the states.Repeal – Amendment cancelling past amendment. Most famous is Prohibition (21st Amendment cancelled the 18th)

How to Change the Constitution

How to Change the ConstitutionSometimes when things are not fully covered by the words of the Constitution, changes get made by our interpretation of its words.The Const. does not require a meeting of the executive branch, but since Washington, we have had meetings set for the Pres. and his cabinet.Never written or added, become the “unwritten Constitution”.

Congress and the ConstitutionCongress can interpret the Const. to show what laws and control they are capable of changing.If the Supreme Court rules that Congress’s interpretation is incorrect, they can kill the law immediately