View
228
Download
2
Category
Tags:
Preview:
Citation preview
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
Recommended