Chapter 3: The ConstitutionChapter 3: The Constitution

3.1: The 6 Basic Principles3.1: The 6 Basic Principles3.2: Formal Amendments3.2: Formal Amendments

3.3: Constitutional Change By 3.3: Constitutional Change By Other MeansOther Means

Chapter 3.1: The Six Basic Chapter 3.1: The Six Basic PrinciplesPrinciples

The Constitution is The Constitution is “the supreme law “the supreme law of the land”of the land” – the highest form of law – the highest form of law in the United States. in the United States. It lays out the It lays out the basic framework and procedures of basic framework and procedures of our government.our government.

The Constitution is separated into:The Constitution is separated into:

1. “Preamble”:1. “Preamble”: a short introduction. a short introduction.

2. 2. “Articles”:“Articles”: seven numbered sections seven numbered sections that outline American government.that outline American government.

3. 3. “Amendments”:“Amendments”: 27 additions to the 27 additions to the document.document.

The 6 Basic Principles of the The 6 Basic Principles of the Constitution:Constitution:

1. Popular Sovereignty1. Popular Sovereignty2. Limited Government2. Limited Government3. Separation of Powers3. Separation of Powers4. Checks and Balances4. Checks and Balances

5. Judicial Review5. Judicial Review6. Federalism6. Federalism

1. Popular Sovereignty:1. Popular Sovereignty:

All political power All political power resides in the resides in the people people – government – government can only govern with can only govern with the consent of the the consent of the governed.governed.

*All forms of *All forms of government (national, government (national, state, and local) state, and local) operate according to operate according to this principle.this principle.

2. Limited Government:2. Limited Government:

Government is not all-powerful, Government is not all-powerful, it may only do it may only do those things that the people have given it the those things that the people have given it the power to do.power to do.

*Government must obey the law*Government must obey the law – it must follow – it must follow the principle of the principle of “constitutionalism”:“constitutionalism”: government must be conducted according to government must be conducted according to constitutional principles.constitutional principles.

* “Rule of law”:* “Rule of law”: government and its officers are government and its officers are always subject to – never above – the law.always subject to – never above – the law.

3. Separation of Powers:3. Separation of Powers:

The basic powers of The basic powers of government are government are separated among separated among 3 3 independent independent branchesbranches in our in our presidential system.presidential system.

*This separation of *This separation of powers is set forth in powers is set forth in the first 3 articles of the the first 3 articles of the Constitution:Constitution:

Article I: the legislative branch makes the Article I: the legislative branch makes the laws (Congress).laws (Congress).

Article II: the executive branch Article II: the executive branch executes/administers laws (the President).executes/administers laws (the President).

Article III: the judicial branch Article III: the judicial branch interprets/applies the laws (Supreme interprets/applies the laws (Supreme Court).Court).

*This separation is intended to create a *This separation is intended to create a strong, yet limited, government.strong, yet limited, government.

4. Checks and Balances:4. Checks and Balances:Each branch of Each branch of

government is subject government is subject to a number of to a number of constitutional checks constitutional checks (restraints) by the (restraints) by the other branches.other branches.

*The three branches are *The three branches are not entirely separated or not entirely separated or completely independent completely independent of one another.of one another.

Examples of Checks and Examples of Checks and Balances:Balances:

1. Congress (legislative branch) has the 1. Congress (legislative branch) has the power to make laws, but the President power to make laws, but the President (executive branch) has the power to (executive branch) has the power to “veto” any act of Congress.“veto” any act of Congress.

2. Congress can refuse to provide funds 2. Congress can refuse to provide funds that are requested by the President.that are requested by the President.

This system makes compromise necessary This system makes compromise necessary – very rarely are there open clashes – very rarely are there open clashes between the branches.between the branches.

5. Judicial Review:5. Judicial Review: The power of courts to The power of courts to

determine whether determine whether what what government does is in government does is in accord with what the accord with what the Constitution provides.Constitution provides. This power is held by all This power is held by all federal courts and by most federal courts and by most state courts.state courts.

*Judicial review is the power *Judicial review is the power to declare something to declare something “unconstitutional”:“unconstitutional”: to to declare illegal/null and declare illegal/null and void, a governmental void, a governmental action that violates some action that violates some aspect of the Constitution. aspect of the Constitution.

6. Federalism:6. Federalism:The division of power The division of power

among a among a central central government and several government and several regional governments regional governments – – the powers held by the powers held by government are government are distributed on a territorial distributed on a territorial basis.basis.

*This is a compromise *This is a compromise between an all-powerful between an all-powerful federal government and federal government and totally independent states.totally independent states.

Chapter 3.2: Formal Chapter 3.2: Formal AmendmentsAmendments

The Constitution has stood as our The Constitution has stood as our fundamental document for over 200 fundamental document for over 200 years – in most ways, it has years – in most ways, it has remained exactly the same, but remained exactly the same, but several changes have been made several changes have been made throughout the years.throughout the years.

The Formal Amendment The Formal Amendment Process:Process:

The Constitution itself provides for its The Constitution itself provides for its own own “amendment”:“amendment”: changes in its changes in its written words. There are 2 methods written words. There are 2 methods of proposal and 2 methods of of proposal and 2 methods of ratification (ratification (there are 4 total there are 4 total methodsmethods).).

Method of ProposalMethod of Proposal::1. By Congress (2/3 approval in each 1. By Congress (2/3 approval in each

House)House)2. Proposed at a national convention 2. Proposed at a national convention

called by congress, when requested by called by congress, when requested by 2/3 of state legislatures.2/3 of state legislatures.

Method of RatificationMethod of Ratification::1. Ratified by the state legislatures of 1. Ratified by the state legislatures of

¾ of the states.¾ of the states.2. Ratified by conventions held in ¾ of the 2. Ratified by conventions held in ¾ of the

states.states.

Amendment Process Options:Amendment Process Options:

**The most common way is to be proposed The most common way is to be proposed by 2/3 vote in each house and ratified by by 2/3 vote in each house and ratified by ¾ of state legislatures – ¾ of state legislatures – 26 of the 27 26 of the 27 amendments have been passed this amendments have been passed this way.way.

*15,000 joint resolutions calling for *15,000 joint resolutions calling for amendments have been proposed in amendments have been proposed in Congress since 1789 – 33 have been sent Congress since 1789 – 33 have been sent to the states – only 27 have been passed.to the states – only 27 have been passed.

The 27 Amendments:The 27 Amendments:

““Bill of Rights”: Bill of Rights”: the first the first ten amendments to the ten amendments to the Constitution. These were Constitution. These were added less than 3 years added less than 3 years after ratification. after ratification. These These amendments ensure amendments ensure our personal freedomsour personal freedoms (expression, speech, (expression, speech, security, equality before security, equality before the law).the law).

The next 17 amendmentsThe next 17 amendments have been have been added throughout the past 200 years. added throughout the past 200 years. Many were passed, and symbolized, Many were passed, and symbolized, historic changes (13th abolished slavery, historic changes (13th abolished slavery, 18th banned alcohol, 21st brought 18th banned alcohol, 21st brought alcohol back).alcohol back).

**All of the amendments are intended All of the amendments are intended to improve upon the existing to improve upon the existing governmental structuregovernmental structure – they are well – they are well thought out, and viewed as necessary by thought out, and viewed as necessary by the the vast vast majority.majority.

Chapter 3.3: Constitutional Chapter 3.3: Constitutional Change by Other MeansChange by Other Means

The Constitution is very skeletal in The Constitution is very skeletal in nature – it lays out a basic nature – it lays out a basic foundation, but many of the details foundation, but many of the details are left open to change. are left open to change. Many Many changes have been made to the changes have been made to the Constitution which do not Constitution which do not involved any changes in its involved any changes in its written words. written words. These changes are These changes are made in 5 basic waysmade in 5 basic ways::

1. Basic Legislation:1. Basic Legislation:

Congress has added to the Congress has added to the Constitution by passing Constitution by passing literally thousands of literally thousands of laws. The Constitution laws. The Constitution established established Congressional powers, Congressional powers, but Congress has used but Congress has used these powers as it has these powers as it has seen fit.seen fit.

2. Executive Actions:2. Executive Actions:The way that presidents have The way that presidents have

used their powers has used their powers has helped the Constitution to helped the Constitution to grow.grow.

Examples: Examples: A. Congress must declare war vs. A. Congress must declare war vs.

commander in chief.commander in chief.

B. B. “Treaties”:“Treaties”: formal agreements formal agreements between two or more sovereign states between two or more sovereign states require approval from the Senate. require approval from the Senate. “Executive agreements”:“Executive agreements”: a pact a pact made by the president directly with made by the president directly with the head of a foreign state do, not the head of a foreign state do, not require Senate approval.require Senate approval.

3. Court Decisions:3. Court Decisions:

The Supreme Court The Supreme Court constantly interprets constantly interprets the Constitution and the Constitution and its powers and its powers and limitations – it limitations – it decides what can and decides what can and cannot be done under cannot be done under the law.the law.

4. Party Practices:4. Party Practices: Although the Although the

Constitution makes no Constitution makes no reference to political reference to political parties, they not only parties, they not only exist, but have a great exist, but have a great influence. Congress is influence. Congress is organized and organized and conducted on the basis conducted on the basis of political party (from of political party (from resolutions to resolutions to nominations).nominations).

5. Custom:5. Custom:Unwritten custom can be just Unwritten custom can be just

as strong as written law. as strong as written law. Example:Example:1. Custom says that the heads of the 1. Custom says that the heads of the

15 executive departments make up 15 executive departments make up the the “cabinet”“cabinet” (not the (not the Constitution).Constitution).

2. The 2. The “no third-term rule”“no third-term rule” for for presidents, was a custom that was presidents, was a custom that was followed for almost 150 years. followed for almost 150 years. Franklin Delano Roosevelt broke Franklin Delano Roosevelt broke this custom in 1940.this custom in 1940.*21st Amendment (1951)*21st Amendment (1951)