The Constitution

The ConstitutionChapter 3The Six Basic PrinciplesWhat are the important elements of the Constitution?What are the six basic principles of the Constitution?The ConstitutionThe Constitution is the supreme law of the land.

ConstitutionThe Constitution sets out the basic principles upon which government in the United States was built.The Constitution is a fairly brief document.The Constitution is organized into eight sections: the Preamble and seven articles. The original document is followed by 27 amendments.PreambleThe introduction to the Constitution is called the Preamble.The Preamble begins with the phrase We the peopleThis means that the government is based on the consent of the people.Articles of the Constitution

Three of the Basic PrinciplesThe principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.

More Basic PrinciplesChecks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action.Federalism is a system of government in which the powers of government are divided between a central government and several local governments1. Article II of the Constitution establishes the powers of the(a) executive branch.(b) legislative branch.(c) States.(d) judicial branch.

2. The principle of popular sovereignty asserts that the(a) government should be divided into three branches.(b) monarch is the supreme ruler.(c) means of production should be owned by the proletariat.(d) people are the source of any and all government power.Formal AmendmentWhat are the different ways to formally amend, or change the wording of the Constitution?How many times has the Constitution been amended?What is the Bill of Rights?AmendmentA change in the ConstitutionThere have been 27 amendments to the ConstitutionThe first 10 amendments are called the Bill of RightsAmending the ConstitutionThe Constitution provides for its own amendment that is, for changes in its written words.Article V sets out two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.Amending the ConstitutionAn amendment is a formal revision to the Constitution, responding to needs of a changing nation.The amendment process provides a way that the Constitution of the United States can remain responsive to the needs of a changing nation.Amending the ConstitutionProposing an amendment requires a two-thirds vote of both houses of Congress or a national convention requested by two-thirds of the state legislatures.Ratifying an amendment requires approval by three-fourths of the state legislatures or acceptance by conventions in three-fourths of the states.Formal Amendment Process

Amendments to the Constitution

Informal Amendment ProcessInformal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word.

Informal Amendment ProcessesThe informal amendment process can take place by:(1) the passage of basic legislation by Congress;(2) actions taken by the President;(3) key decisions of the Supreme Court;(4) the activities of political parties; and(5) custom.

Executive Action and Court DecisionsExecutive ActionPresidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. An executive agreement is a pact made by the President directly with the head of a foreign state.

Court DecisionsThe nations courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

Purposes of GovernmentAs stated in the Preamble:To form a more perfect unionTo establish justiceTo ensure domestic tranquilityTo provide for the common defenseTo promote the general welfareTo secure the blessings of libertyPreambleTo form a more perfect union:The goal was to unify the states in commerce, national security, and currency, so that the nation can prosper and be safe.PreambleEstablish justice:The Founders designed the Constitution to "establish justice," meaning equal justice for all. This principle assumes the Right for every resident of the United States to be protected as to life, liberty, and property and to be presumed innocent until proven guilty in a court of law.Thomas Jefferson reminded us, "When one undertakes to administer justice, it must be with an even hand and by rule; what is done for one must be done for everyone in equal degreehttp://causeofliberty.blogspot.com/2009/11/establish-justice.html PreambleEnsure domestic tranquility:One of the concerns of the Framers was that the government prior to that under the Constitution was unable, by force or persuasion, to quell rebellion or quarrels amongst the states. The government watched in horror as Shay's Rebellion transpired just before the Convention, and some states had very nearly gone to war with each other over territory (such as between Pennsylvania and Connecticut over Wilkes-Barre). One of the main goals of the Convention, then, was to ensure the federal government had powers to squash rebellion and to smooth tensions between states.PreambleProvide for the common defense:The government would be responsible for protecting the states and the people from all attacks both from without and within.This means the government has the ability to raise and army or call upon the states to provide a militia. It would mean the government must do whatever it takes to protect US citizens.

PreamblePromote the general welfare:the Constitution and powers granted to the federal government were not to favor special interest groups or particular classes of people. There were to be no privileged individuals or groups in society. Neither minorities nor the majority was to be favored. Rather, the Constitution would promote the general welfare by ensuring a free society where free, self-responsible individuals - rich and poor, bankers and shopkeepers, employers and employees, farmers and blacksmiths - would enjoy life, liberty, and the pursuit of happiness, rights expressed in the Declaration of Independence.http://www.lawandliberty.org/genwel.htm

General WelfareOnce the government opens its arms (and bank accounts), it divides the citizens into two groups: those who receive direct (personal, individual) benefit from the government, and those who do not. That is why the founders designed a FEDERAL system of government that provided only for the GENERAL (meaning- non-specific) WELFARE of the people by confining its services to things like national defense and interstate commerce. It leaves to the states the issues of HOW or WHEN other services are provided to specific sub-groups. HOWEVER (This is critical) the new government must represent the BEST INTERESTS of all the people, which logically means that it MUST be limited in scope, for the MORE a government undertakes, the more oppressive it becomes. Government MUST be ANCHORED in fundamental principles (see lecture notes).http://www.lawandliberty.org/genwel.htmGeneral Welfarehttp://www.lawandliberty.org/genwel.htmIf you advocate for federal spending on social welfare programs, you are describing a redistribution of income (MY income) for the benefit of Specific individual citizens INSTEAD of (for example) a strong national defense. Which of those activities is the government LEGALLY REQUIRED to perform? (hint: Art. I, Sec. 8, U.S. Constitution.)If the Federal government MUST do certain things, and something is NOT EXPRESSLY STATED in the constitution as a duty of Federal Government, then HOW (or WHOM) should any other services be provided? (Hint: Tenth Amendment)

PreambleSecure the blessing of liberty:The Constitution was written to limit the governments power so that the liberties of the people would always be protected.A smaller government rather than a bigger one.Fundamental Principles of the ConstitutionConsent of the governed:People are the only source of governmental power.Limited government: The government may do only those things that the people have given it the power to do.Fundamental Principles of the ConstitutionSeparation of powers: Government is divided into three branches the legislative, executive, and judicialChecks and balances:This is a system whereby each branch of government exercises some control over the others.Fundamental Principles of the ConstitutionFederalism:In this form of government, powers are divided between the national government and state governmentsRule of law:The Constitution of the United States is supreme, and all individuals are accountable under the law.Articles Creating three co-equal branches of the governmentArticle I establishes the legislative branch by setting forth the two houses of Congress to make laws.Article II establishes the executive branch to carry out the laws passed by Congress.Article III creates the United States Supreme Court and empowers Congress to establish lower federal courts to interpret the laws.The Branches of GovernmentThere are three branches of government: 1. The legislative - which makes the laws 2. The executive - which enforces the laws or make sure the laws are carried out 3. The judicial - which interprets the laws or explains the laws and makes sure they are fair

Legislative BranchThe legislative branch is called Congress and is made up of two Houses (parts): The House of Representatives and the Senate.

The House of RepresentativesStates with the largest populations have the most representatives in the House.House members must be at least 25 years old or older to serve. House members are elected to a two year term.There are 435 members in the House of Representatives.

The SenateThe Senate is the other part of the CongressThere are two senators for each state, which means of course there are 100 Senators.Senators must be at least 30 years old.Senators are elected to a six year term.

The Executive BranchThe executive branch is headed by the president.The president is the commander-in-chief of the armed forces.

The PresidentThe president is elected to a four year term.The president can only serve two terms.The president must be a citizen by birthThe president must be at least 35 years old.

The Judicial BranchThe Judicial Branch of the federal government is headed by the Supreme Court.Supreme Court justices are nominated by the president and approved by the Senate. There are 9 Supreme Court justices, who are appointed for life.

Checks and BalancesThe framers of the Constitution established a system of checks and balances to prevent any branch government from getting too powerful. Example: Congress has the right to pass bills into law, but the president can veto them, which means the bill does not become a law.

ExamplesIf the president vetoes a law, the Congress can override his veto by a 2/3 majority. The Supreme Court can say that any law is unconstitutional. The law no longer exists.

FederalismThe power of government is also split between the states and the federal government. This is called Federalism.If the Constitution does not have a law, the states can do what they want. State law cannot contradict federal law.

Dual SovereigntyDual Sovereignty means that whatever the federal government does not make a law about, the states can act however they choose.That is why there is different state laws regarding the age of drinking alcohol, driving, the death penalty, and many moreSectionSubject

PreambleStates the purpose of the Constitution

Article ILegislative branch

Article IIExecutive branch

Article IIIJudicial branch

Article IVRelations among the States and with the National Government

Article VAmending the Constitution

Article VINational debts, supremacy of national law, and oaths of office

Article VIIRatifying the Constitution