Chapter 3

THE CONSTITUTION

Section 1: Structure and Principles

The Constitution is divided in to three parts – the Preamble, articles, and amendments.

Preamble; or introduction, states why the constitution was written.

The constitution contains seven divisions

called articles. Articles I, II, and III create the three branches

of government. Article III Section 2 outlines the jurisdiction,

or authority, of courts to rule on cases. Article VI contains the supremacy clause,

establishing that the constitution, laws passed by congress, and treaties of the U.S “shall be the supreme Law of the Land.”

Articles

The third part of the Constitution consists of

amendments, or changes. The Constitution has been amended 27 times.

The Amendments

MAJOR PRINCIPLESPopular Sovereignty Federalism

Separation of Powers Checks and Balances

Judicial Review Limited Government

The constitution is based on the concept of

popular sovereignty—rule by the people. The constitution created a federal system of

government. Federalism; power divided b/w national and state government.

Separation of Powers; each branch has its responsibilities.

Checks and Balances; each branch of gov’t exercises some control over the other.

Principles Cont’d

Vetoing– rejecting The power of the courts to declare laws and

actions of governments invalid if they violate the constitution – Judicial review (Marbury V. Madison)

Judicial Review

How does the constitutional system of

checks and balances support the theory of separation of powers?

Answer the Following…

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. Thinking back on the Articles of Confederation and creating the new Constitution, why do you think the founders chose a federal system of government over a unitary system?

Section 2: Three Branches of Government

Article I- Legislature Article II- Executive

Branch Article III- Judicial

Branch

Congress given expressed powers; powers

directly stated in the constitution. Also called enumerated powers because

they are numbered 1-18 in Article I Section 8. The final enumerated power is the so-called

elastic clause—gives congress power to make all laws “necessary and proper” to carry out their powers. (Muculloch v. Maryland)

The Legislative Branch

U.S. Senators-- AL

Richard ShelbyJeff Sessions

The Executive Branch

The constitution grants the president broad but vaguely described powers.

Section 2 & 3 of Article II define specific powers.

Presides over federal bureaucracy; departments and agencies of the federal government.

Judicial Branch

No term limit Federal & state

courts When it rules on

constitutional issues, the court can not be overturned except by a constitutional amendment.

John G. Roberts, Jr., Chief Justice of the United States

1. According to the video, which branch of

gov’t is the strongest?2. Why was this branch given this

authority?3. Which is the second strongest?4. Which branch is the weakest? Why?5. What are the powers of the Judicial

Branch?

Video Questions

1. Using your text book (pg. 73), describe

how the executive and legislative branches work together?

2. Describe the conflicts b/w the following:a) President vs. Congressb) Congress vs. the Courtsc) The Supreme Court vs. the President

Write & answer the following questions

The Amendment Process

As outlined in Article V, amendments may deal w/ any topic except that no state can lose equal representation in the Senate w/o the state’s consent.

Amendments may be proposed and ratified, or approved in two ways.

Proposed on a national level but ratified on a state-by-state basis.

Section 3: Amending the Constitution

Two-thirds vote of each house of Congress; or National convention called by Congress at the

request of two-thirds of the states.

petition; appeal balanced budget; federal gov’t spending

never exceeds in income.

Proposing Amendments

Legislatures in three-fourths of the states

to ratify the amendments Each state to call a ratifying convention

and three-fourths of theses conventions approve.

Congress decides which ratification method will be used and how much time states will have to ratify an amendment

Ratifying Amendments

The Equal Rights Amendment caused questions because

states revoked their ratification.

Changes Through Law Changes Through Practice (the ways power is used)

impeach; ability of the House to accuse federal officials Informal Presidential Changes

Presidential succession Foreign Affairs

Treaty; agreement between nations vs. executive agreement; agreement b/w president and leader of another country.

Domestic Affairs

Informal Changes

Court decisions Changes through custom and usage

Cont’d

Judicial Review

Judicial restraint vs. judicial activism

Under Chief Justice Earl Warren, the Supreme Court demonstrated judicial activism. (1953-1969)

ex. Plessy v. Ferguson to Brown v. Board of Education

In 1791 the states ratified 10 amendments;

Bill of Rights. Limits the powers of the government The First Amendment

Freedom of religion, speech, press, petition, and assembly.

Does not include slander; false speech intended to damage a person’s reputation.

Section 4: The Amendments

The 27 amendments fall into 3 separate

groups. 13th, 14th, 15th –Civil War Amendments

13th (1865) outlaws slavery 14th (1868) protects rights of citizenship 15th (1870) protects the right to vote

Civil War Amendments

The third group of amendments have all been

added in the 20th century. Deal w/ a range of topics that reflect changes

in modern American society. 24th amendment (1964) prohibits poll taxes;

taxes paid in order to vote—in federal elections. Used to prevent low income African Americans

from voting.

The Later Amendments