Presentation Pro Chapter Three: The Constitution Chapter Three: The Constitution Mr. Cargile Mission Hills High School, San Marcos CA

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Chapter Three: Chapter Three: The ConstitutionThe Constitution

Chapter Three: Chapter Three: The ConstitutionThe Constitution

Mr. CargileMr. Cargile

Mission Hills High School, San Marcos CAMission Hills High School, San Marcos CA

Presentation ProPresentation Pro

The“VirtuousRepublic”

The“VirtuousRepublic”

Classical view of

a model republic

Classical view of

a model republic

“City on a hill”

[John W

inthrop]

“City on a hill”

[John W

inthrop]Ideal citizen

[Cincinnatus]

Ideal citizen

[Cincinnatus]

•GGovt. gets its authority from the citizens.•A selfless, educated citizenry.•EElections should be frequent.•GGovt. should guarantee individual rights & freedoms.•GGovt.’s power should be limited [checks & balances].•TThe need for a written Constitution.•“E Pluribus Unum.” [“Out of many, one”]•AAn important role for women raise good, virtuous citizens.[“Republican Womanhood”].

Enlightenment

Thinking

Enlightenment

Thinking

11 22 33Go To Go To Section:Section:

C H A P T E R 3 The ConstitutionThe Constitution

SECTION 1The Six Basic Principles

SECTION 2Formal Amendment

SECTION 3Informal Amendment

Chapter 3Chapter 322 3311


Chapter 3, Section 1Chapter 3, Section 1

S E C T I O N 1

The Six Basic PrinciplesThe Six Basic Principles

• What are the important elements of the Constitution?

• What are the six basic principles of the Constitution?

22 33


notes1notes1

1. At a glance• Written in 3 months---7,000 words

• 7 Articles---27 Amendments• Supreme law of the land• Conflicts over ratification = created political created political

partiesparties• Used as a model by other countries

2. Six Constitutional Principles• Popular Sovereignty• power of govt. comes from consent of the

governed• Limited Government

• Constitutionalism • govt. follows certain constitutional

principles.• Rule of lawRule of law

• government leaders are not above the law• Protects individualsProtects individuals from governmental

abuse

Social Contract TheoryDeclaration of IndependencePreamble

Government must obey the law “The law is king”


•Separation of Powers•Legislative Branch—Article 1•Executive Branch---Article 2•Judicial Branch---Article 3

•Checks and Balances •Restraints placed on each branch of government

•Judicial Review•Power of courts to declare an act of Congress or President unconstitutional.

•Marbury vs. Madison---1803•Federalism

•Compromise between the national govt. and states

3. Formal Amendment Process---Article 5•Amendment: addition to or amending the Constitution

•27 Amendments: 1791 to 1992•Ratify: to approve or accept

notes2notes2

•Separate the powers of the National Government into 3 branches

•1 branch does not get too powerful.

•Each branch has own powers

•Co-equal


•Proposed by •2/3’s of each house of Congress

•National Convention called by Congress with the request of 2/3’s of state legislatures

•Ratified by•¾’s of the state legislatures•Conventions in ¾’s of the states

•Process emphasizes true democracy•Constitutional principles

•Federalism

•Popular sovereignty

•limited government•Congress sets a 7 yr. deadline•States may reject it or ratify it…..

notes2notes2


Articles of the ConstitutionArticles of the Constitution

Chapter 3, Section 1Chapter 3, Section 122 33

Section Subject 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 debts, supremacy of national law, and oaths of office

Article VII Ratifying the Constitution


Three of the Basic PrinciplesThree of the Basic Principles


• The principle of popular sovereigntypopular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.

• The principle of limited governmentlimited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.

• Separation of powers Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.


More of the Basic PrinciplesMore of the Basic Principles

• Checks and balancesChecks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.

• The principle of judicial reviewjudicial review consists of the power of a court to determine the constitutionality of a governmental action.

• FederalismFederalism is a system of government in which the powers of government are divided between a central government and several local governments.



Section 1 ReviewSection 1 Review

1. Article II of the Constitution establishes the powers of the

(a) executive branch.

(b) legislative branch.

(c) States.

(d) judicial branch.

2. The principle of popular sovereignty asserts that the

(a) government should be divided into three branches.

(b) monarch is the supreme ruler.

(c) means of production should be owned by the proletariat.

(d) people are the source of any and all government power.



S E C T I O N 2

Formal AmendmentFormal Amendment

• What are the different ways to formally amend, or change the wording of, the Constitution?

• How many times has the Constitution been amended?

• What is the Bill of Rights?



Amending the ConstitutionAmending the Constitution

• The Constitution provides for its own amendmentamendment—that is, for changes in its written words.

• Article V sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of formal amendment.formal amendment.




Formal Amendment ProcessFormal Amendment Process

• The four different ways by which amendments may be added to the Constitution are shown here:


Amendments to the ConstitutionAmendments to the Constitution

Collectively, the first ten amendments are known as the Bill ofBill of RightsRights. They set out many of our basic freedoms.




1. For an amendment to be proposedproposed for the Constitution, it must receive a____ vote from both houses of Congress:

(a) 1/2

(b) 2/3

(c) 3/4

(d) Majority

2. For an amendment to be ratifiedratified for the Constitution, it must receive a____ vote from the states.

(a) 1/2

(b) 2/3

(c) 3/4

(d) Majority




S E C T I O N 3

Informal AmendmentInformal Amendment

• How has basic legislation changed the

Constitution over time?

• What powers do the executive branch and the

courts have to amend the Constitution?

• What role do party politics and custom have in

shaping the Federal Government?

2211


Informal Amendment ProcessesInformal Amendment Processes

The informal amendment process can take place by:

(1) the passage of basic legislation by Congress;

(2) actions taken by the President;

(3) key decisions of the Supreme Court;

(4) the activities of political parties; and

(5) custom.

Informal amendment is the process by which over time many changes have been made in the

Constitution which have not involved any changes in its written word.



Executive Action and Court DecisionsExecutive Action and Court Decisions


Executive ActionExecutive Action

• Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief.

• An executive agreementexecutive agreement is a pact made by the President directly with the head of a foreign state.

Court Decisions

• The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.



1. An informal amendment can be established by (a) actions taken by the President.

(b) custom.

(c) key decisions of the Supreme Court.

(d) all of the above.

2. An executive agreement is (a) a promise from the President to the legislature.

(b) a pact made by the President directly with the head of a foreign state.

(c) a decision made by the President and his cabinet members.

(d) the contract the President signs when he accepts the office.


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Presentation Pro Chapter Three: The Constitution Chapter Three: The Constitution Mr. Cargile Mission Hills High School, San Marcos CA