American Citizenship

Chapter 3: The Constitution

Section 1

Six Basic Principles

An Outline of the Constitution

Contains roughly 7,000 words Preamble Articles

First three articles deal with the three branches of the National Government

Legislative Executive Judiciary

Basic Organization and Powers

An Outline of the Constitution (Con’t)

Article IV States Powers and Relationship with National

Government Article V

Amendments Proposal and Ratification Article VI

Constitution is the Supreme Law of the Land Article VII

Methods of Ratification of the Constitution Followed by 27 Amendments

Basic Principles

Popular Sovereignty Governed by the People

“We the People…” Preamble

Limited Government Government is not all powerful Rule of Law

Government and its officials are always subject to the law

Basic Principles (Con’t)

Separation of Powers Congress is the lawmaking body Executive is the law enforcing and executing

branch Judiciary interprets and applies the laws Each Branch is separate and independent

Basic Principles (Con’t)

Checks and Balances Each Branch, though separate, yet also tied

together They each contain powers to check the other

branches powers Ex.

Congress can pass laws and president can veto the law

Makes Compromises vital

Basic Principles (Con’t)

Judicial Review The Power of courts to decide whether the

government is in accordance with the law Determine if governments actions are

unconstitutional To declare illegal, null and void

Federalism The division of power among a central

government and several regional governments (AKA States)

Section 2

Formal Amendments

Constitution

A living and changing document Change has come about in two ways

Formal Amendment Changes or additions to language of Constitution

Informal

Formal Amendment Process

Changes in its written words Two methods for proposal Two methods for ratification

Four methods of Formal Amendments First Method

May be proposed by 2/3 vote in each House of Congress and ratified by ¾ State Legislatures (38)

26 of 27 Amendments adopted in this manner

Formal Amendment Process (Con’t)

Second Method Proposed by Congress and ratified by

conventions held for by ¾ of the States 21st Amendment ratified through this method

Third Method Amendment proposed by a national convention,

called by Congress, ratified by ¾ State Legislatures

Never Done Before

Formal Amendment Process (Con’t)

Fourth Method Proposed by a national convention and ratified

by ¾ of conventions in states Federalism

Amendments proposed at national level Ratification at state level

Proposed Amendments

10,000 Proposed Only 27 Amendments exist today

Bill of Rights -1791 First 10 Amendments First Action by the Congress in 1791 A Major Compromise with Anti-Federalist

Later Amendments Check Page 76 for Subject of Amendments

Section 3

Constitutional Change by Other Means

Basic Legislation

Congress has given meaning to many of the constitution brief statements Judiciary Act of 1789 Homeland Security Etc.

Executive Action

Also given meaning to Constitution Example

Use of troops without congressional declaration of war

Executive Agreements Pacts between heads of state that don’t require

approval from Senate Treaty

Requires approval from Senate

Court Decisions

Marbury v. Madison 1803 Claimed for Supreme Court the power to declare

a law unconstitutional Chief Justice John Marshall helped define the role and

power of the Supreme Court

Party Practice

Constitution does not mention political parties

Big use of electoral college Group that makes formal selection of the nation’s

president

Customs

Powers and/or organizations not granted by constitution Creation of the cabinet Succession of President to Vice President

Amended later

No Third Term until FDR Started by George Washington Required now by 22nd Amendment in 1951