AMERICANGOVERNMENT

CHAPTER 3EL DORADO

MR. RUIZFALL, 2015

The Constitution“The Six Basic Principles”

OBJECTIVES

Outline the important elements of theConstitution.

List the six basic principles of the Constitution and evaluate constitutional principles for limiting the role of government.

WHAT IS THE UNITED STATES OF AMERICA’S CONSTITUTION

ABOUT? Why was it created?

Who was it meant to protect and

represent?

Is everyone equal under the Constitution of our country? Citizens? Immigrants? Foreigners?

Why do people sometimes refer to The Constitution as a living document ?

THE CONSTITUTION Written in 1787 and

effected in 1789.

Termed,” The supreme Law of the Land.”

Establishes the basic framework of our government.

Based on the rule of law and the idea that all power resides in the people.

Begins with a memorable intro. (“ We the people…”) or Preamble that states the purpose of the Constitution.

It is broken down into seven (7) sections know as articles.

It is followed by 27 Amendments outlined in order of adoption

What are the First ten (10) Amendments also know as?

BILL OF RIGHTSBILL OF RIGHTS

ARTICLES OF THE CONSTITUTION

Preamble: States the purpose of the Constitution

Article I: Legislative Branch

Article II: Executive Branch

Article III: Judicial Branch

Article IV: Relations among the States

and with the National

government

Article V: Amending the Constitution

Article VI: National debt, Supremacy of national law,

and oaths of the office

Article VII: Ratifying the Constitution

THE BASIC PRINCIPLESTHE BASIC PRINCIPLES

The Constitution is build around (6) basic principles:

1. Popular Sovereignty2. Limited Government3. Separation of Powers 4. Checks and Balances5. Judicial Review6. Federalism

POPULAR SOVEREIGNTY:

This principle declares that the National Government draws its powers from the people of the United States and that people have given their government power and consent through the Constitution.

Can the government act without the consent of the people?

LIMITED GOVERNMENT This principle holds that a government can only do those things that the people

have given it the power to do.

Sometimes referred to as constitutionalism, this principle declares that the government and its officers are not above the law but

subject to it; government must obey the rule of law.

SEPARATION OF POWERSThis principle expresses that the

National Government’s distribution of powers shall exist between three separate entities:

Article One: Declares that all legislative powers shall be granted to the Congress, (making Congress the law-making branch of the National Government).

Article Two: Declares that the executive power shall be granted to the President of the United States, (Giving the President the law-enforcing and administering powers of the National Government).

Article Three: Declares that the national judicial powers shall be vested in one Supreme Court and several inferior courts, as established by Congress, (The Supreme Court interprets and applies the laws of the United States.

CHECKS AND BALANCES Our National Government is structured within the three

previous separate branches: Legislative (Congress), Executive (President), and the Judicial (Federal Courts).

This structure allows for each branch of government to posses certain powers that allow them to oversee what the other two are doing.

For Example: Congress creates laws---The President may veto or approve these bills.

The President may appoint judges---Congress may deny appointments.

The Congress and the President may pass laws– The Federal Courts may find them unconstitutional.

JUDICIAL REVIEW This principle holds that the

(federal) courts hold the power to determine the constitutionality of a government action, (i.e., The Federal Courts may declare as unconstitutional any government action (federal, state, or local) found to violate the provisions set forth in the Constitution.

Example:You are detained by a police officer for speeding and asked to empty the contents of your pockets. Upon doing so, a piece of paper detailing how you robbed the convenience store yesterday falls out.

Can this little piece of information be held against you?

FEDERALISM

This principle holds that governmental powers would be distributed between the National Government and the state governments.

In short, the states may exercise those governmental powers that are not expressly assigned to the National Government or that do not infringe or violate any provisions of the Constitution.

Question: The states may determine the use of capital punishment (death penalty) for their individual states. Would you say that this situation may violate the 8th Amendment’s provision on cruel and unusual punishment?

CHAPTER THREE SECTION TWO:

Formal Amendment

THE CONSTITUTION: PAST VS. PRESENT

Effected in 1789

13 states with less than 4 million people combined

A nation struggling to obtain world recognition as a sovereign state

Still effective 2011( 222 years later )

50 states with just over 300 million people

Still a political and economics world power

OBJECTIVESAnalyze the process by which the U.S.

Constitution can be changed and evaluate their effectiveness.

Understand the history of the 27 amendments to the Constitution.

CHANGES IN THE CONSTITUTION

Constitutional changes can occur in (2) ways:

Formal amendment Informal Procedures

This section will focus on the formal amendments of the Constitution.

Our Constitution provides for changes (amendments) in the written words of our Constitution.

There are (4) possible methods to amend or change provisions or segments of our Constitution.

THE (4) METHODS OF FORMAL AMENDMENT(ARTICLE VARTICLE V PROVIDES FOR (2) METHODS FOR THE PROPOSAL AND (2) METHODS FOR THE RATIFICATION OF CONSTITUTIONAL AMENDMENTS)

1. First method: Proposal may be proposed by 2/3 vote in each house of Congress and ratified by 3/4 of the State legislatures.

38 State legislatures must approve an amendment before it becomes part of the Constitution(26 of your 27 amendments were adopted this way).

2. Second Method: Congress may propose an amendment to be ratified by conventions in 3/4 of the States. (Ex. 21 amendment regarding prohibition)

3. Third method: The proposal of an amendment by a national convention (called upon by the Congress at the request of 2/3 of the States (Today that would require 34 states).

3. Fourth method: The proposal of an amendment by a national conventionand ratified in3/4 of the States.

FEDERALISM AND POPULAR SOVEREIGNTY

Formal amendment process: This process exemplifies how the will of the people is truly considered when a Constitutional amendment is deemed necessary.

I.E., The proposal is done at the national level, but the ultimate outcome rests with the States.

Question:Why do you believe people criticize the method of ratifying an amendment through a State legislature?

BILL OF RIGHTS

Proposed by the first Congress in 1789.

Ratified by the States in 1791.

Arose out of the general discontent that the initial constitution did not have a list of the basic rights the citizens of this new country would have.

What are the 10 amendments?

1st: Freedom of religion, speech, press,assembly, and petition.

2nd: Bearing arms

3rd: Quartering of troops

4th: Searches and seizure 5th: Criminal proceedings; Due process; Eminent

Domain

6th: Criminal proceedings

7th: Civil trials

8th: Punishment for crimes

9th: Un-enumerated rights

10th: Powers reserved to the States

LATER LATER AMENDMENTSAMENDMENTS

Added to the Constitution throughout the span of the last 200 years.

Normally, a result of unique circumstances not addressed by the Articles or other Amendments.

Which amendment took a little over 200 years to ratified?

27th Amendment: Forbidding Congress from

raising their own pay during their present terms (Proposed in 1789 and ratified 203 years later in 1992)

AMENDMENTS 11-27:

Amendment 11 (1798) - Judicial limits

Amendment 12 (1804) - Method for choosing the President, Vice President

Amendment 13 (1865) - Abolished slavery

Amendment 14 (1868) - Rights of citizenship to all people born in USA or naturalized

Amendment 15 (1870) - Gives the right to vote to all citizens, regardless of color or race, but women are not mentioned

Amendment 16 (1913) - Income tax authorized

Amendment 17 (1913) - Senators elected by the popular vote

Amendment 18 (1919) - Prohibition - Liquor prohibited

Amendment 19 (1920) - Women's suffrage (voting rights)

Amendment 20 (1933) - New terms of office for the President and Congress

Amendment 21 (1933) - Amendment 18 repealed (overturned)

Amendment 22 (1951) - Presidential term limited

Amendment 23 (1961) - Presidential vote given to Washington, D. C.

Amendment 24 (1964) - Poll taxes barred (you cannot charge people to vote)

Amendment 25 (1967) - Presidential disability and succession

Amendment 26 (1971) - Voting age lowered to 18 years old (same as the age at which men can be drafted into the army)

Amendment 27 (1992) - Congressional pay increases go into effect only during the next Congressional session.

CHAPTER THREE SECTION THREE:

Informal Procedures

OBJECTIVES

Identify how basic legislation has changed the Constitution over time.

Explain the powers of the executive branch and the courts to amend the Constitution.

Analyze the role of party practice and custom in shaping the federal government

Section Terms:

Executive Agreement Treaty Electoral college Cabinet Senatorial courtesy

BRIEF OVERVIEW

More informal changes have been made to the Constitution than the amendment process that has given us 27 amendments.

The three branches of government have introduced new ways to govern without conflicting with the original Constitution.

WHAT ARE INFORMAL PROCEDURES?

The process by which through custom and practice changes have been made over time to assist in the interpreting of constitutional concerns.

They do not involve adding amendments of additional wording to the Constitution.

They have; however, developed as a

result of the day-to-day and year-to-year experiences of government under our Constitution.

This important constitutional process of interpretation occurs in five (5) ways:

This important constitutional process of interpretation occurs in five (5) ways:

1. The passage of basic legislation by Congress

2. Action taken by the President

3. Key decision of Supreme Court

4. The Activities of political parties

5. Customs

BASIC LEGISLATION BASIC LEGISLATION (CONGRESS)(CONGRESS)

Congress has been a major agent of informal change:

It has passed a number of laws to spell out several of the Constitution’s brief provisions.

Example: Congress has established the federal courts (Except the Supreme Court) as they have deemed necessary, Article III, Section I.

Congress has informally added to the Constitution by exercising its power to regulate foreign and interstate commerce.

EXECUTIVE ACTIONEXECUTIVE ACTION Executive power, as expressed by

Article II of The Constitution, allows the President of the United States to exercise certain powers.

Example: Only Congress has the power to declare war ; however, since the President is constitutionally the commander in chief, the President of the United States has made use of his authority to send our troops abroad more that 200 times in our nation’s history.

COURT DECISION COURT DECISION Our nation’s courts (most notably the

Supreme Court) interpret and apply the Constitution through the many cases that they hear.

These Landmark cases many times result in new rules and regulations that are meant to interpret what is constitutional and what is unconstitutional for both the federal government and the states.

Additionally, these legal decisions may result in an interpretation of the Constitution that is meant to address social/ legal concerns that may not be enumerated in our Constitution. Example: Miranda v. Arizona, 1966