Government Honors: Chapter 3

The Constitution

Section 1: Basic Principles of the Constitution

Constitution

is the nations fundamental

law and is supreme law of the land
-basic

principles of government in the United

States
Limits

within which government must conduct

itself
Basic

rules of American politics

Section 1: Basic Principles of the Constitution

Preamble
7

Articles

27

Amendments

Not

incredibly detailed in its content

Section 1: Basic Principles of the Constitution

1st 3 articles deal with the 3 branches of government

Basic organization of each branch and how people are chosen for
office

Article IV- relationship with the states

Article V- amendment process

Article VI- Constitution is supreme law

Article VII- ratification

Section 1: Basic Principles of the Constitution

Article

I:

Bicameral Historical
Modeled

legislature is made of 2 houses

reasons:
after Parliament

Most

colonial assemblies were bicameral

New

state legislatures were bicameral

Section 1: Basic Principles of the Constitution

Article

Practical

Reasons:

Had

to be able to compromise between the Virginia Plan and

New Jersey Plan

Theoretical
One

Reasons:

house might check the other

Thought

legislature would dominate the new national

government

Bicameral

might also diffuse of the that power so that it didnt

dominate other branches

Section 1: Basic Principles of the Constitution

Article

II: Executive Article

Presidential
Command
Make

or veto acts of Congress

special sessions

Send

the armed forces

treaties

Approve
Call

power

and receive diplomatic representatives

Laws be faithfully executed

Outline

loosely drawn

Section 1: Basic Principles of the Constitution

Article

III:

One

supreme court, and in such inferior courts as congress may from

time to time ordain and establish

Inferior
Most

courts- lower federal courts under the Supreme court

cases heard in the United states are heard in state court

Constitutional
Supreme

Special
Dont

court, court of appeals, district court, US court of International trade

courts: legislative courts

have broad judicial power of the United States

Created
US

courts: regular courts

by congress for some special need

Court of appeals for the armed forces, US court of Appeals for Veterans
claims, US court of federal claims, US Tax Court, courts of District of Columbia

Section 1: Basic Principles of the Constitution

Basic

Principles: 6 Basic Principles of the Constitution

Popular

Sovereignty

Government
We

only with the consent of the governed

the people

Limited

Government

Government

may only do those thing the people have given it the power to do

Government

must obey the law

Constitutionalism-

government must be conducted according to the constitutional

principles
Rule

law

of law- government and its officers are always subject to- never above- the

Section 1: Basic Principles of the Constitution

Basic

Principles Cont.

Separation

of Powers

Basic

powers distributed among 3 distinct and independent

branches of government

Checks

and Balances

Each

branch is subject to a number of constitutional checks by

the other branches

Presidential veto power

Congresss ability to override a veto

Etc.

Section 1: Basic Principles of the Constitution

Judicial Review

Power of the court to determine the constitutionality of a governmental action

Unconstitutional- illegal and null and void based on some provision of the
Constitution

Not specifically writing in the Constitution (although most argue intended)

Established in Marbury v. Madison (1803)

Federalism

Division of power among a ventral government and several regional governments

1. governmental power could pose a threat to individual liberty

2. the exercise of governmental power must be restrained

3. to divide government power is to curb it and prevent its abuse

Section 2: Amending the Constitution

Constitution
Amendment Article

provides for amendments

Changes in the written word

V has the amendment process

ways to propose amendments

ways to ratify amendments

Section 2: Amending the Constitution

Proposal:
2/3rd

vote in each house of Congress

National

convention

Ratification

of state legislatures

2/4

of state conventions

Shows

the founders desire for federalism

Section 2: Amending the Constitution

President

has no official role in amendment

process
States

can go back and approve if they originally

reject a proposal, but once approved, they cant
take away their approval

Can

have a reasonable time placed on the passage

of amendments

Section 2: Amending the Constitution

Bill of Rights: 1st 10 amendments

1-9 deal with civil rights

Chart on page 93

12th amendment- after the election of 1800 when there

was a tie for the presidency

13th amendment- abolition of slavery

14th amendment- citizenship- all persons born or

naturalized in the US- efficiently granting former slaves
citizenship

Southern states forced to ratify before they could rejoin Congress

15th- voting rights to freed slaves

Section 2: Amending the Constitution

18th 19th

prohibition

amendment- womens right to vote

21st-

repeal of prohibition

22nd-

President gets two terms

FDR

26th-

won the presidency 4 times

voting age to 18

27th-

Congress cant raise their own pay during

that term
Originally

written by James Madison

Section 2: Amending the Constitution

Others

ways to change the constitution

1)

Passage of basic legislation by Congress

2)

actions taken by the President

3)

key decisions by the Supreme court

4)

activities of Political Parties

5)

custom and usage

Section 2: Amending the Constitution

Basic

Legislation:

Laws
Ex:

to clarify brief provisions

structure of the federal court system

Judiciary

Ex:

Act of 1789

different offices of the Executive Branch

Congress

in may ways has expanded the

Constitution
Ex.

Interstate Commerce

Section 2: Amending the Constitution

Executive

Action:

Executive

agreement: a pact made by the

President directly with the head of a foreign
state

Treaty:

formal agreement between two or

more sovereign states

Executive

agreements dont have to be

approved by the senate
Just

as legally binding

Section 2: Amending the Constitution

Court

decisions:

Supreme

court interprets and applies the

Constitution

Court

established the power of judicial review

Section 2: Amending the Constitution

Party
Ex:

Practices:
nominations of Presidents

Party

politics now involved in almost every

decision

Electoral

college- body that makes the formal

selection of the president

Section 2: Amending the Constitution

Custom

and Usage:

Cabinet:

15 executive departments set up as an

advisory body to the President

VP

getting the office of the Presidency (until the 25th

Amendment

Senatorial

courtesy: approve only those presidential

appointees who are acceptable to the senators of the
Presidents party

term presidents tradition