Chapter 3: The Constitution

3.1: The 6 Basic Principles

3.2: Formal Amendments
3.3: Constitutional Change By Other Means
 Chapter 3.1: The Six Basic Principles

The Constitution is “ the supreme law of the

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

1. “ Preamble” : a short introduction.

2. “ Articles” : seven numbered sections that outline

American government.

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

The 6 Basic Principles of the Constitution:

1. Popular Sovereignty
2. Limited Government
3. Separation of Powers
4. Checks and Balances
5. Judicial Review
6. Federalism
 1. Popular Sovereignty:

All political power

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

*All forms of government

(national, state, and
local) operate according
to this principle.
 2. Limited Government:

Government is not all-powerful, it may only do those

things that the people have given it the power to do.

*Government must obey the law – it must follow the

principle of “ constitutionalism” : government must
be conducted according to constitutional principles.

* “ Rule of law” : government and its officers are

always subject to – never above – the law.
 3. Separation of Powers:

The basic powers of

government are separated
among 3 independent
branches in our
presidential system.

*This separation of powers is

set forth in the first 3 articles
of the Constitution:
Article I: the legislative branch makes the laws
(Congress).

Article II: the executive branch

executes/administers laws (the President).

Article III: the judicial branch interprets/applies

the laws (Supreme Court).

*This separation is intended to create a strong,

yet limited, government.
 4. Checks and Balances:
Each branch of government
is subject to a number of
constitutional checks
(restraints) by the other
branches.

*The three branches are not

entirely separated or
completely independent of
one another.
 Examples of Checks and Balances:

1. Congress (legislative branch) has the power to

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

2. Congress can refuse to provide funds that are

requested by the President.

This system makes compromise necessary – very

rarely are there open clashes between the
branches.
 5. Judicial Review:
The power of courts to determine
whether what government
does is in accord with what
the Constitution provides.
This power is held by all
federal courts and by most
state courts.

*Judicial review is the power to

declare something
“ unconstitutional” : to
declare illegal/null and void, a
governmental action that
violates some aspect of the
Constitution.
 6. Federalism:
The division of power among a
central government and
several regional
governments – the powers
held by government are
distributed on a territorial
basis.

*This is a compromise between

an all-powerful federal
government and totally
independent states.
 Chapter 3.2: Formal Amendments

The Constitution has stood as our fundamental

document for over 200 years – in most ways, it
has remained exactly the same, but several
changes have been made throughout the years.
 The Formal Amendment Process:

The Constitution itself provides for its own

“ amendment” : changes in its written words.
There are 2 methods of proposal and 2
methods of ratification (there are 4 total
methods).
Method of Proposal:
1. By Congress (2/3 approval in each House)
2. Proposed at a national convention called by
congress, when requested by 2/3 of state
legislatures.

Method of Ratification:
1. Ratified by the state legislatures of ¾ of the
states.
2. Ratified by conventions held in ¾ of the states.
Amendment Process Options:
*The most common way is to be proposed by 2/3
vote in each house and ratified by ¾ of state
legislatures – 26 of the 27 amendments have
been passed this way.

*15,000 joint resolutions calling for amendments

have been proposed in Congress since 1789 –
33 have been sent to the states – only 27 have
been passed.
 The 27 Amendments:

“ Bill of Rights” : the first ten

amendments to the
Constitution. These were
added less than 3 years after
ratification. These
amendments ensure our
personal freedoms (expression,
speech, security, equality
before the law).
The next 17 amendments have been added
throughout the past 200 years. Many were
passed, and symbolized, historic changes (13th
abolished slavery, 18th banned alcohol, 21st
brought alcohol back).

*All of the amendments are intended to

improve upon the existing governmental
structure – they are well thought out, and
viewed as necessary by the vast majority.
 Chapter 3.3: Constitutional Change by
Other Means

The Constitution is very skeletal in nature – it

lays out a basic foundation, but many of the
details are left open to change. Many changes
have been made to the Constitution which do
not involved any changes in its written words.
These changes are made in 5 basic ways:
 1. Basic Legislation:

Congress has added to the

Constitution by passing
literally thousands of laws.
The Constitution established
Congressional powers, but
Congress has used these
powers as it has seen fit.
 2. Executive Actions:
The way that presidents have used
their powers has helped the
Constitution to grow.

Examples:
A. Congress must declare war vs. commander in
chief.
B. “ Treaties” : formal agreements between two
or more sovereign states require approval
from the Senate. “ Executive
agreements” : a pact made by the president
directly with the head of a foreign state do,
not require Senate approval.
 3. Court Decisions:

The Supreme Court

constantly interprets the
Constitution and its powers
and limitations – it decides
what can and cannot be
done under the law.
 4. Party Practices:
Although the Constitution
makes no reference to
political parties, they not
only exist, but have a great
influence. Congress is
organized and conducted
on the basis of political
party (from resolutions to
nominations).
 5. Custom:
Unwritten custom can be just as
strong as written law.
Example:
1. Custom says that the heads of the 15
executive departments make up the
“ cabinet” (not the Constitution).
2. The “ no third-term rule” for presidents,
was a custom that was followed for
almost 150 years. Franklin Delano
Roosevelt broke this custom in 1940.
*21st Amendment (1951)