Chapter 3:The Constitution

What’s in it• Preamble- purpose of gov’t

• Article I- Legislative

• Article II- Executive

• Article III- Judicial

• Article IV- relations among States

• Article V- amending the Constitution

• Article VI- doc. is supreme law of the land

• Article VII- ratification of Constitution

• 27 Amendments

Pillars of the Constitution!

• Popular Sovereignty• Limited Government• Separation of Powers• Checks and Balances• Judicial Review• Federalism

• Popular Sovereignty– “We the People of the United States…do

ordain and establish this Constitution for the United States of America”

• Limited Government– Government must obey the law –

constitutionalism– a.k.a. ‘rule of law’ – gov’t & leaders are

always subject to it, never above it

• Separation of Powers– The distribution of governmental powers

• Checks & Balances– Branches have built-in ways to restrain the

actions of the other 2 branches

• Checks & Balances (pg. 68 in textbook)

• Judicial Review– power of the courts to determine

constitutionality of governmental action– not explicitly written in the US Constitution

• Marbury v. Madison (1803)

• Federalism– came into being because of the weak Articles

of Confederation

Changing the Constitution

• 2 ways– Formal amendments

• Changes to the written word

– Informal means

Formally Amending the Constitution

*** 2/3 of the House = 290 (of 435); 2/3 of the Senate = 67 (of 100)

2/3 of the States = 34 (of 50); ¾ of States = 38 (of 50)

Formally Amending con’t

• An example of federalism in practice– How?

• Who is sovereign when amending the Constitution?

• No popular vote before a State legislative vote, though there can be an advisory vote

Proposing an Amendment

• Congress does not send a proposed amendment to the President

• Only 33 proposed amendments have been sent to the States– Only 27 have been ratified

• Congress may set a time limit on the ratification of an amendment

The 27 Amendments

• Page 76 & 771-779

• 1-10 (Bill of Rights)– Constitutional guarantees: freedom of belief &

expression, freedom & security of the individual, and fair & equal treatment before the law

– 10 talks about ‘reserved powers’ in federal system

• 11-27 came out of particular circumstances

Informal “Amendments”

• Putting the meat on them bones!

• The Framers did this intentionally– Therefore, it can change from day-to-day,

year-to-year, generation-to-generation• “…a constitutional convention in continuous

session.” – Woodrow Wilson

• Occurs in 5 basic ways…

Five Ways

• Basic Legislation– Congress provides details for sections of the

Constitution (as circumstances necessitate)• Includes defining broad terms in the Constitution

• Executive Action– The VARIOUS ways presidents have used their

(presidential) powers

Five Ways continued…• Court Decisions

– Mainly the Supreme Court• Constitutional interpretations

– Marbury v. Madison (1803)– McCulloch v. Maryland (1819)– Gibbons v. Ogden (1824)

• Party Practices– “Let me now…warn you [of] the baneful effects of

the spirit of party...” –G. Washington– E.g.: -Constitution does not mention them at all

-nominations of candidates for presidency

-political business done on the basis of party lines

Five Ways finale…

• Custom– long-established practice considered as

unwritten law– E.g.: -the presidential Cabinet

-senatorial courtesy in the appointment of federal positions in a State

-two-term limit …oops!

DIRECTIONS• Groups of 3 [count off 1-10(.04) or 1-11(.06)]

• Each group member is to read ONE (1) page of “Selected Readings”

• You will have 5 minutes to read the page

• Then, 14 minutes to answer the questions on the handout with your partners– Answer in complete sentences

• Will be handed in!!!

• When done, paper clip your “Selected Readings” packet