The Constitution
Chapter 3
Section 1
The Six Basic Principles
 Outline of Constitution
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Framework and procedures
Limits and conduct
Preamble- short introduction
Articles- Sections (7)
The Basic Principles
 Popular Sovereignty
 People = the only source for any and all governmental
power
 “We the People…do ordain and establish this
constitution
The Basic Principles
 Limited Government
 Gov’t may only do those things that people give them
power to do
 Gov’t must obey the law
 Constitutionalism – Gov’t must be conducted according to
constitutional principles
 Constitution clearly states what gov’t can and can’t do,
guarantees certain personal freedoms
The Basic Principles
 Separation of Powers
 Powers are distributed among distinct and independent
branches (Presidential system)
 Article I – Legislative
 Article II – Executive
 Article III - Judicial
The Basic Principles
 Checks and Balances
 3 branches are separate but tied together
 Each branch is subject to restraints by the other
branches
 President can veto or reject
 Congress approves appointments and treaties
The Basic Principles
 Judicial Review
 Courts determine whether government action is within
the constitutional law
 May declare an action unconstitutional- illegal or null and
void
 Established in Marbury vs. Madison
Federalism
 Division of power among a central gov’t and regional
governments
 How to keep states’ rights and strengthen the federal
gov’t?
Section 2
Formal Amendment
 The Constitution has been changed many times
 Formal Amendment
 Informal Amendment
Formal Amendment Process
 Amendment – to change: Changing the written words
of the Const.
 Art. V sets out 2 ways to propose and ratify
amendments
 4 possible methods of Formal Amendment
1st Method
 2/3 vote in each house of Congress
 Ratified by ¾ of State Legislatures
 38 of the State Leg. need to approve today
 26 of the 27 amendments were proposed this way
2nd Method
 Proposed by Congress
 Ratified by Conventions in ¾ of the states
 Conventions more likely to represent the peoples’
opinion
 Used for the 21st Amendment
3rd Method
 Proposed by a national convention called by Congress
at request of 2/3 of State Legislatures
 Ratified by ¾ of State Legislatures
 Never been done this way
4th Method
 Proposed by national convention
 Ratified by ¾ of States
 Constitution was adopted this way
Federalism and Popular Sovereignty
 People have the power to ratify amendments
 State Legislators are elected by the people
 May have party interests, name recognition, etc.
 Convention representatives chosen by the people
Proposed Amendments
 Amendment proposals do not have to go to president
 If not ratified, there is a time limit set on how long it
can stay proposed.
 More than 10,000 resolutions since 1789
 33 have made it to the states
27 Amendments
 Bill of Rights
 1st ten Amendments added within 3 years of Const.
being ratified
 Proposed by 1st Congress
 Deal with freedom and security of the people
Section 3
Informal Amendment
 Process by which over time many changes have been
made that did not involve changes to the written
works
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Passage of legislation
Actions taken by the President
Key decisions of the Supreme Court
Activities of political parties
custom
Basic Legislation
 Laws that spell out the brief provisions
 Judicial branch
 Cabinet
 The way Congress uses its powers
 Foreign and Interstate commerce
Executive Action
 How the president uses their power
 Using the Army without declaring war
 Executive agreement vs treaty
Court Decisions
 Interprets the Constitution
 Can change over time
Party Practices
 Political Parties are not mentioned in the Const.
 Presidential nominations?
 Presidential appointments?
Custom
 Cabinet
 Line of succession
 “no 3rd term”