CHAPTER 3 THE

CONSTITUTIONSection 1 & 2

A Blueprint for Government and

An Enduring Document

PURPOSE OF THE CONSTITUTION Establish 6 goals for the government to

meet Outlines 6 basic principles of government Fairly distributed and balances power Powers of government are limited to

protect the individual Three branches

Legislative Judicial Executive

Checks and balances

PREAMBLEWe the people of the United States, in

order to form a more perfect union, establish justice, insure domestic

tranquility, provide for the common defense, promote general welfare, and

secure the blessings of liberty to ourselves and our posterity, do ordain and establish the Constitution for the

United States of America.

GOALS OF THE CONSTITUTION

Government Tasks Concerns

Raise an army Pay bills Foreign affairs

Framers had reservations

Completely opposed

Too strong of a national government

GOALS OF THE CONSTITUTION

Goal Purpose

1. Form a more perfect union Strengthen the relationship among the states as part of a union between the states and national government as part of a new federal system

2. Establish justice Provide laws that are reasonable, fair, and impartial and make sure that the administration of those laws is also reasonable, fair, and impartial

3. Ensuring domestic tranquility

Keep peace and maintain order

4. Provide for the common defense

Defend against foreign enemies

5. Promote general welfare Citizens can benefit from the protection of the government

6. Secure the blessings of liberty

Protect and preserve individual liberties

ADDRESSING THE PROBLEM OF GOVERNMENT

Democratic Government Government to “Control Itself”

Allowing substantial freedoms

Control worst aspects of human behavior

Federalist Papers article 51 outlines dilemma

System of law essential

Locke, “where there is no law, there is no freedom”

Maintain order, protect rights, property, and lives

Enforceable and punishable

Keep government in check

PRINCIPLES OF THE CONSTITUTION Framer’s Solution

Create governing document Divide, distribute, and balance governmental power

Uses of Power Government power is subject to the will of the

people Power as voters

Bill of Rights Final check on power Inclusion of Bill of Rights in 1791

Restraints Place restraints on government power Cannot violate basic rights of citizens

Principles of the Constitution

Popular Sovereignty- The people establish and are the source of its power

Limited Government- government powers are restricted to protect individual rights

Separation of Powers- The power to govern is divided among executive, legislative, and judicial branches to prevent the concentration and abuse of power by any one branch

Checks and Balances- Each branch of government has the authority to check, or restrain, some powers of the other two branches

Judicial Review- The judiciary has the power to strike down laws and other government actions as invalid under the constitution

Federalism- The rights of the states are protected by dividing powers between national government and the state governments

MARBURY V. MADISON (1803) The Supreme Court has the power to

decide whether laws are constitutional. This power is called judicial review.

AN ENDURING DOCUMENT Has the ability to grow and change

overtime Formal processes for adding

amendments 27 amendments total First 10 are the Bill of Rights

AMENDING THE CONSTITUTION

Jefferson Madison

Should not be changed on a whim

Each generation should govern themselves

Felt it should not change

Worried too many changes can cause issues

Sectional rivalry

A DOCUMENT FOR ALL TIME Original Constitution a product of its

timeFramers were biasSurvived through the Civil War

Original document not perfectSlaveryVoting rightsSocial Attitudes

Ability to incorporate changing ideas of freedom and liberty keeps document relevant to each new generation since 1789.

AMENDING THE CONSTITUTION

Article V Different Pats

How to amend the constitution

Proposal, ratification, and approved

Two ways to amend and two ways of ratifying

Two-step ratification process

Changes reflect national will

Supported popular sovereignty

SUPERMAJORITY REQUIRED-LARGER THAN A SIMPLE MAJORITY

Proposing an Amendment Facts

Two ways to be proposed

1. Congress- 2/3 of the house and 2/3 of the senate

2. Delegates at a national convention that is called by Congress – 2/3 of the state legislature

All of the amendments to the constitution have been proposed by Congress

Vocabulary

Popular Sovereignty Concept that a government gets its power from the people and that ultimate power remains with the people

Limited Government Principle that the powers and functions of government are restricted by the U.S. constitution and other laws

Rule of Law Concept that every member of society, including the ruler and government, must obey that law and is never above it

Separation of Powers Principle that the duties of governing are divided among the legislative, executive, and judicial branches

Checks and Balances System that gives each branch of government the power to change, reverse, or cancel acts of another branch

Veto President’s power to reject legislation

Vocabulary

Judicial Review Power to declare legislative and executive acts unconstitutional

Unconstitutional Found to violate any part of the Constitution

Federalism Principle that powers of government are distributed between the national government and state governments.

Supermajority Any majority that is larger than a simple majority, such as three-fifths, two-thirds, or three-fourths

Repeal Cancel or revoke a law by a legislative act