Chapter 3: THE CONSTITUTION

By: Steffany PazMelanie PhoutharansyNathan LamanganPhuc Dang

LTG: To understand the Constitution

Section 1: Structures and PrinciplesSTGs:1. What is the basic structure of the

Constitution?2. How did the Founders hope to

prevent any one branch of government from gaining too much power?

3. What beliefs and principles in the Constitution help build a

national identity for the US?

I.

Structures of the Constitution

• Establishes the structure and powers of government but does NOT state how the government will function

• Divided into THREE parts:1. the Preamble2. the Articles3. the Amendments

A.

• Preamble- Introduction to the Constitution - Founders wrote with the intention of stability and order, protect citizens’ liberties, and serve the people

• Seven Articles Article I

Section 1: - Creates Legislative BranchSection 2 & 3: - Details of the House of Representatives and the SenateOther Sections: - Procedures for law making. Also includes laws Congress can or cannot pass

Article IISection 1: - Creates Executive Branch to carry out laws passed by CongressOther Sections: - Powers and duties of presidency

- Qualifications for office- Procedure for electing the president and vice president

Article IIISection 1: - Establishes a Supreme Court to head the Judicial BranchSection 2: - Outlines jurisdiction of the Supreme CourtSection 3: - Defines treason against US

Article IV- Requires equal citizenship rights in all states - Addresses admitting new states- Guarantees national government protection of

states from invasion or domestic violence.

Article V- States that the Constitution can be changed

Article VI- Supremacy Clause: The Constitution, laws passed by

Congress, and treaties of the US are the “supreme Law of the Land”

Article VII- Addresses ratification and that the Constitution

would take effect after being ratified by nine states

• The Amendments- The Amendments are flexible. They can

and are meant to be changed.- The Constitution has been amended 27

times.- For the purpose that it remains responsive through the needs of changing nations.

Major Principles (6)B.Popular Sovereignty

Federalism Separation of Powers

Checks and Balances

Judicial Review

Limited Government

People are the source of government power

- Describes the basic structure of the American Gov’t.

- Power is divided between national and state governments

- “A middle ground” a way to forge a union but limit central power

- Dividing power among legislative, executive, and judicial branches

- Each branch has its own responsibilities

- To ensure that no branch would gain too much power

- Each branch has some control over the others

- President can check Congress by vetoing a passed law. Can be override by two-thirds vote of each house.

Courts have power to declare laws and actions of Congress and the president unconstitutional.

The Constitution limits the powers of government by making explicit grants of authority.

Section 2: Three Branches of Government

STGs:1. Why did the Constitution specifically describe the powers of Congress, but remain vague about the powers of the president?2. Which of the three branches of

federal government seems to have the most power today?

II.

Articles of the Constitution

1. Article I:a. Two Houses Legislatives

1. The Senate - represented the states interest and were voted by their stated legislature2. House of Representatives - voted in house by popularity and the voice of the people.

2. Article II: a. Executive Branch of Government

- Appointed a president, by popular votes, who will be head of office (4 year term)- Powers: control of armed forces and foreign policy.

A.

3. Article III:a. The Judicial Branch

1. Establishment of the Supreme Court2: Gave Congress power to set up any

additional court if the need of the people are progressing.

3. Any rising conflict under Constitution gave limited federal jurisdiction.

The Legislative Branch

• Congress/Senate• Gave Congress expressed power (directly stated in the

Constitution)• Article 1, Section 8 – Enumerated Powers

a. 5 out of the 18 enumerated powers deal with economic legislation

(EX. power to levy taxes, borrow money, regulate commerce, coin money and punish counterfeiting)

b. 7 enumerated powers set defenses (EX. punish piracies, declare war, raise and support

armed forces, call forth and organize the militia)

B.

• Naturalizing citizens, created post offices, securing patents and copyrights, creating courts and governing the District of Columbia.

• The clause, “necessary and proper”, was addressed in the case of McCulloch v. Maryland in 1819.

Executive Branch• President/Vice President• Believed the protection of liberty, private

property, and business• Under executive power, the President can:

1. Fire officials in the executive branch2. Agreements with foreign nations3. Take actions to save the nation

C.

President powers1. Approves or vetoes the laws Congress passes.

Congress can override veto but it rarely occurs.

2. Commander in chief of the armed forces and the state militia

3. With the approval of Senate, the President can make treaties

4. Convey an annual State of the Union message to Congress and also calls them into session if necessary

D.

The Judicial Branch• Weakest branch out of all three branches of national

government but has power to cancel the actions and laws of Congress or President

- They are responsive. They cannot address a problem unless it is brought to them • Jurisdiction of Federal Court

- Two different systems of court:1. Power from the Constitution and federal law are

the federal courts2. State constitution and laws of the 50 states- Two factors:1. Objection of the case 2. Who’s involved

E.

Then vs. NowF.

Then NOW

Only a few bills were passed 10,000+ bills passed today

Part-Time only Congress live and work nearly year-round.

NO/Few staff Huge Bureaucracy

Section 3: Amending the ConstitutionSTGs: 1. How does the amendment

process illustrate federalism?2. What are the primary ways that

informal changes are made in the Constitution?

III.

The Amendment Process

1. The constitution was set up so that it can be changed for the future.

2. Amendments can be about anything except they cannot give one state less power than the rest without that state’s consent.

3. Amendments are at a national level.

A.

Proposing and Ratifying Amendments

• Proposing Amendments• Two Methods

1. ⅔ of Congress must vote yes to the amendment.2. National Convention called by congress at the request

– Never used.

• Ratifying Amendments• Two Methods:

1. Legislatures from ¾ of the states must ratify2. Each state calls for a special ratifying convention

• Congress decides which of the two methods would be best to use and how much time each state has to ratify the proposed amendments.• Typical is 7 years.

B.

Informal Changes• Changes Through Law

– Congress passes laws to clarify what the constitutions says. – Congress changed the judicial branch to adapt to the increasing amount of court

cases.• Congress added more federal courts, established new rules and procedures and more court

workers such as clerks and bailiffs.

• Changes Through Practice– Congress changes the constitution based on the way it uses it’s powers.

• Example: The House can impeach the president or other federal officers. It is up to the Senate to decide whether they are guilty or not.

• Informal Presidential Changes• Many of the things presidents have done were added to the constitution.

– 1841, William Henry Harrison was the first president who died in office. Under the constitution, the Vice President, John Tyler, became president. (Outdated and replaced by the 22nd Amendment)

• Foreign Affairs– Most of the time, presidents deal with foreign affairs through executive agreement rather than the treaty

process which is in the constitution.– Executive agreements are made directly from the president to the head of state of another country.

C.

Court Decisions• The supreme court plays a major role in interpreting the Constitution's

vague words.• Judicial Review

– Judicial review is the most important part in deciding what the Constitution is really trying to say.• Judicial Restraint

– The court goes by Congress rules unless the act violates the constitution.

• Judicial Activism– Court should help in making national policies.– When looking at cases, the court should always use the Constitution for social and political

questions.

• Changing Court Ruling– Time has a major impact on interpretations of the Constitutions.

• The Supreme Court may see it one way, but a few years later, they can interpret it another way.– Example: 1896, Supreme Court wanted separation between blacks and whites. 1954, the Supreme

Court outlawed racial segregation.

D.

Changes Through Custom and Usage

• The Constitution has changed as new customs developed over time.

• New amendments are added to the constitution to meet the needs of the changes made in society.

• The 22nd amendment (limits a president to serving only 2 terms) was made after President Roosevelt served 4 terms because the nation thought he was becoming too powerful.

E.

Section 4: The Amendments

STGs : 1. The importance of due process of law

2. The development of democracy

III.

The Bill of Rights

• The Bill of Rights are the first 10 amendments

in the Constitution.

• The purpose: the rights of individuals are

protected under the Bill of Rights (freedom of

religion, freedom of speech, etc).

A.

Freedom with Limits

• Slander and Libel are prohibited by laws.• Freedom of speech is protected as long as it

doesn’t harm other people and cause dangers to national security.

B.

27 AmendmentsAmendment Year Purpose

Bill of Rights 1-1O First 10 amendments in the Constitution are to protect the rights and freedom of individuals.

Civil War Amendments

131415

186518681870

Abolition of slaveryCivil rightsBlack suffrage

Expanding Suffrage/ more

Democratic

1719232426

19131920196119641971

Senatorial electionsWomen are able to voteDistrict of Columbia can vote for president and vpAbolition of poll taxes18-year-olds are able to vote

Others 1112161820212225 27

179518041913191919331933195119671992

Lawsuits against statesSeparate vote for president and vice presidentIncome taxesProhibition of liquorTerms of officeRepeal of ProhibitionTerm Limits for the PresidencyPresidential successionCongressional pay raises

C.