The Constitution

Magruder Chapter ThreeMagruder Chapter Three

The Six Basic Principles

Section OneSection One

Basic Principles

Popular SovereigntyPopular Sovereignty Government can govern only with the Government can govern only with the

consent of the governedconsent of the governed Sovereign people created the Constitution Sovereign people created the Constitution

and the governmentand the government

Basic Principles

Limited GovernmentLimited Government Government may do only those things Government may do only those things

that the people have given it the power to that the people have given it the power to dodo

The government and its officers are The government and its officers are always subject to the lawalways subject to the law

Basic Principles

Separation of PowersSeparation of Powers The Constitution distributes the powers The Constitution distributes the powers

of the National government among of the National government among Congress (legislative branch), the Congress (legislative branch), the President (executive branch), and the President (executive branch), and the courts (judicial branch).courts (judicial branch).

Basic Principles

Separation of Powers (con)Separation of Powers (con) The Framers of the Constitution created a The Framers of the Constitution created a

separation of powers in order to limit the separation of powers in order to limit the powers of the government and to prevent powers of the government and to prevent tyranny—too much power in the hands of tyranny—too much power in the hands of one person or a few people.one person or a few people.

Basic Principles

Checks and BalancesChecks and Balances Each branch of government was subject Each branch of government was subject

to a number of constitutional restraints by to a number of constitutional restraints by the other branches.the other branches.

Veto power, judicial review, nomination Veto power, judicial review, nomination and confirmation, etc.and confirmation, etc.

Basic Principles

Checks and Balances (con)Checks and Balances (con) Although there have been instances of Although there have been instances of

spectacular clashes between branches, spectacular clashes between branches, usually the branches of government usually the branches of government restrain themselves as they attempt to restrain themselves as they attempt to achieve their goals.achieve their goals.

Basic Principles

Judicial ReviewJudicial Review Through the landmark case Through the landmark case MarburyMarbury v. v. MadisonMadison (1803), the judicial branch (1803), the judicial branch possesses the power to determine the possesses the power to determine the constitutionality of an action of the constitutionality of an action of the government.government.

Basic Principles

Judicial Review (con)Judicial Review (con) In most cases the judiciary has supported In most cases the judiciary has supported

the constitutionality of government acts; the constitutionality of government acts; but in more than 130 cases, the courts but in more than 130 cases, the courts have found congressional acts to be have found congressional acts to be unconstitutional, and they have voided unconstitutional, and they have voided thousands of acts of States and local thousands of acts of States and local governmentsgovernments

Basic Principles

FederalismFederalism Federalism is the division of political Federalism is the division of political

power among a central government and power among a central government and several regional governmentsseveral regional governments

United States federalism originated in United States federalism originated in American rebellion against the edicts of a American rebellion against the edicts of a distant central government in Englanddistant central government in England

Basic Principles

Federalism (con)Federalism (con) Federalism is a compromise between a Federalism is a compromise between a

strict central government and a loose strict central government and a loose confederation, such as that provided for confederation, such as that provided for in the Articles of Confederation.in the Articles of Confederation.

Formally Amending the Constitution

Section TwoSection Two

Formal Amendment Process

First MethodFirst Method Amendment is proposed by Congress by Amendment is proposed by Congress by

a two-thirds vote in both houses, then a two-thirds vote in both houses, then ratified by three-fourths of the State ratified by three-fourths of the State legislatures.legislatures.

Formal Amendment Process

Second MethodSecond Method Amendment is proposed by Congress by Amendment is proposed by Congress by

a two-thirds vote in both houses, then a two-thirds vote in both houses, then ratified by special conventions in three-ratified by special conventions in three-fourths of the Statesfourths of the States

Formal Amendment Process

Third MethodThird Method Amendment is proposed at a national Amendment is proposed at a national

convention called by Congress when convention called by Congress when requested by two-thirds of the State requested by two-thirds of the State legislatures, then ratified by three-fourths legislatures, then ratified by three-fourths of the State legislatures.of the State legislatures.

Formal Amendment Process

Fourth MethodFourth Method Amendment is proposed at a national Amendment is proposed at a national

convention called by Congress when convention called by Congress when requested by two-thirds of the State requested by two-thirds of the State legislatures, then ratified by special legislatures, then ratified by special conventions held in three-fourths of the conventions held in three-fourths of the States.States.

Formal Amendment Process

Cannot amend the Constitution to changed Cannot amend the Constitution to changed a State’s representation in the Senate a State’s representation in the Senate without that State’s consent.without that State’s consent.

The 27 Amendments

The first 10 amendments are called the Bill The first 10 amendments are called the Bill of Rights because they set out the great of Rights because they set out the great constitutional guarantees of freedoms for constitutional guarantees of freedoms for the American people.the American people.

The 27 Amendments

The Civil War Amendments (13The Civil War Amendments (13 thth, 14, 14thth, and , and 1515thth) combined to end slavery, define ) combined to end slavery, define citizenship, proclaim the rights to due citizenship, proclaim the rights to due process and equal protection of the law, and process and equal protection of the law, and outlaw restrictions on the right to vote outlaw restrictions on the right to vote based on race, color, or previous condition based on race, color, or previous condition of servitude.of servitude.

The 27 Amendments

Other amendments further define the Other amendments further define the workings of government, empower the workings of government, empower the government in certain ways, or deal with government in certain ways, or deal with important social issues.important social issues.

Informal Amendments

Section ThreeSection Three

Informal Amendments

Basic LegislationBasic Legislation Congress can pass laws that spell out Congress can pass laws that spell out

some of the Constitution’s brief some of the Constitution’s brief provisions provisions

Congress can pass laws defining and Congress can pass laws defining and interpreting the meaning of constitutional interpreting the meaning of constitutional provisions.provisions.

Informal Amendments

Executive ActionExecutive Action Presidents have used their powers to Presidents have used their powers to

delineate unclear constitutional delineate unclear constitutional provisions, for example, making a provisions, for example, making a difference between Congress’s power to difference between Congress’s power to declare war and the President’s power to declare war and the President’s power to wage war.wage war.

Informal Amendments

Executive Action (con)Executive Action (con) Presidents have extended their authority Presidents have extended their authority

over foreign policy by making informal over foreign policy by making informal executive agreements with executive agreements with representatives of foreign governments, representatives of foreign governments, avoiding the constitutional requirement avoiding the constitutional requirement for the Senate to approve formal treaties.for the Senate to approve formal treaties.

Informal Amendments

Court DecisionsCourt Decisions The nation’s courts interpret and apply The nation’s courts interpret and apply

the Constitution as they see fit, as in the Constitution as they see fit, as in MarburyMarbury v. v. MadisonMadison..

The Supreme Court has been called a The Supreme Court has been called a “constitutional convention in continuous “constitutional convention in continuous session.”session.”

Informal Amendments

Party PracticesParty Practices Political parties have been a major source Political parties have been a major source

of informal amendments.of informal amendments. Political parties have shaped government Political parties have shaped government

and its processes by holding political and its processes by holding political conventions, organizing Congress along conventions, organizing Congress along party lines, and injecting party politics in party lines, and injecting party politics in the process of presidential appointments.the process of presidential appointments.

Informal Amendments

CustomCustom Each branch of government has Each branch of government has

developed traditions that fall outside the developed traditions that fall outside the provisions of the Constitution.provisions of the Constitution.

An example is the executive advisory An example is the executive advisory body known as the President’s cabinet.body known as the President’s cabinet.